General Terms and Conditions of Euronyika International Cargo, hereinafter referred
to as: Euronyika
- Area of application
These General Terms and Conditions (T&Cs) are an integral part of all contracts concluded with Euronyika via the booking platform operated by Euronyika. The special conditions contained in clause 24 of these T&Cs shall take precedence over the other regulations in these T&Cs for contracts subject to the regulations stated in that clause. The booking platform can be accessed online at the Internet address www.Euronyika.de. These T&Cs apply regardless of which user interface is used for the booking platform; they also apply in particular if access to the booking platform is not via a browser, but via a software
interface from another program. Insofar as Euronyika commissions a carrier for transport with the knowledge of the customer, the general terms and insurance conditions shall apply in the version that is valid at the time the order is placed, in addition to Euronyika T&Cs, unless otherwise it is not expressly stipulated in the General Terms and Conditions of Euronyika, that individual provisions of the general terms and conditions of business and insurance conditions of the sub-carrier do not apply and these provisions are expressly named in each case. In case of any discrepancies between these General Terms and Conditions and the General Terms and Conditions of Business and Insurance of the respective subcarrier the provision that is more favourable to Euronyika in the specific case shall apply. - Relationship to other regulations
In the event that the provisions of these T&Cs deviate from statutory provisions or applicable binding international agreements, the provisions of these T&Cs shall take precedence. In addition, the relevant statutory regulations and the relevant regulations of international agreements shall apply, e.g. the International Convention on the Contracts for the Carriage of Goods by Road (CMR), the Montreal Convention, the Convention concerning International Carriage by Rail (COTIF) etc.
The T&Cs of Euronyika and the relevant conditions of the carriers shall take precedence over any terms and conditions of the customer. Conflicting terms and conditions of contractual partners are only valid if Euronyika has explicitly agreed to their application in writing. Euronyika hereby explicitly rejects any standard reference to the contract partner’s own terms & conditions. - Booking procedure and conclusion of contract
The customer as Sender has the possibility to conclude contracts for the provision of transport services via the booking platform. The platform offers an input mask in which the customer can enter the shipping specifications (e.g. pick-up and delivery location, dimensions, weight, desired pick-up and delivery date) for the shipment of one or more
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Terms and Conditions
packages. Based on the customer’s request, Euronyika lists the available individual shipping conditions (especially prices, estimated shipping time), together with the respective national and international transport company, courier and express company that would be commissioned by Euronyika as
the carrier depending on the shipping method. By selecting a list entry and clicking the order button, the customer submits a binding offer to Euronyika. A contract is only deemed concluded upon receipt of an order confirmation from Euronyika. The sending of a dispatch label for the respective order to the customer is considered an order confirmation; this also applies if the respective carrier issues the dispatch
label. Transport contracts for goods that are excluded from transport according to
section 4 shall not enter into effect. Euronyika and their carriers are not obliged to verify the correctness of information provided by the Sender. - Carriers
Euronyika commissions the transport company selected by the customer according to clause 3 of these T&Cs as the carrier to carry out transport services. - Goods that are excluded from transport
With the exception of special deliveries that are individually agreed upon with the Sender, the following goods are excluded from transport: goods that are subject to national or international regulations concerning dangerous goods (e.g. by IATA); goods that due to their nature or packaging may pose a threat to human beings, other transported goods or other things; goods that require special safety measures or official approval; goods whose shipment, transport or storage is banned in the sending, destination or in a transit country or is a violation of export or import bans or any other legal regulations; prohibited articles as defined in the Annex to Regulation (EC) No. 2320/2002 of the European Parliament and the Council dated 16th December 2002 on common rules in the field of civil aviation security (Regulation (EC) No 2320/2002); means of payment, telephone and prepaid cards, pecuniary documents and transferable securities (e.g. money, credit cards, cheques, savings books, bills of exchange, securities); items of extraordinarily high value (e.g. works of art, unique items, antiques, securities, precious stones, precious metals, genuine pearls, postage stamps, coins); all types of motor vehicles; live animals and plants, animal remains, human body parts or mortal remains; narcotics and pharmaceuticals, weapons and explosives, food products and alcohol, frozen goods, tobacco products, radioactive substances and nuclear fuel (if in excess of statutory exemption limits) weapons and ammunition (with the exception of hunting and sports weapons and ammunition); explosive goods pursuant to section 1.1 of the Ordinance on the Transport of Dangerous Goods by Sea; drugs to which the Act on the Traffic in Narcotic Drugs (Opium Act) dated 10th December 1969, as amended, applies; glass, porcelain etc. and delicate electronics, used or damaged goods; mobile phones; goods that are of low value in themselves but whose loss or damage may lead to significant consequential damage (e.g. data carriers with sensitive information); consignments with the postage “freight collect”.
No valid transport contract shall enter into effect for items that are excluded from transport. Perishable or temperature-sensitive goods that are not excluded from transport due to the provisions listed above shall be transported at the Sender’s risk; there shall be no special handling. Document shipping is not available for consignments that require a customs declaration. Goods shipping must be selected for such goods. - Prices, due date, customer default
The prices agreed in each case apply to the transport of the package(s) with the specifications provided by the customer. The transport prices calculated by Euronyika and contractually agreed are based on the information provided by the Sender during the booking process. If the specifications of the consignment differ from the information provided by the customer in the booking process, the customer shall owe the price resulting from the actual consignment specifications in the price list of the carrier designated by the Sender on the day of booking, provided that this price is higher than the price calculated in the booking process. As a rule, Euronyika grants a discount on the list price even in this case of retro-billing, but the customer is not entitled to such a discount. The agreed prices do not contain government fees, customs duties, tax or any other duties. Payment of the agreed prices for the transport is due immediately after
completion of the respective booking. If the customer does not pay within 7 days after the due date and receipt of an invoice, they are in default without the need for a reminder. The invoice is considered received three working days after the invoice date, unless another date is proven by the Sender or the Recipient. Euronyika is obliged to send the invoice no later than the day following the invoice date. In the event of default, the customer is obliged to pay the statutory default interest.
Cash on delivery services are not available. - Expenses
Euronyika is entitled to a lump-sum reimbursement of expenses for the following services per individual case to the amount specified, plus the statutory value added tax:
- Invoice correction due to customer number entered incorrectly by the customer: EUR 7.50
- Invoice in paper form at the customer’s request: EUR 2.50
- Subsequent bookings that are not made via the Euronyika portal: EUR 5.00
- Customs clearances: EUR 2.50
If Euronyika is liable to third parties for government fees, customs duties, taxes and other charges in connection with the transport of the customer’s cargo, the customer shall release Euronyika from this liability. This does not apply to fines, penalties or other public payment obligations that are not attributable to the customer. If a shipment cannot be delivered, the customer shall bear all costs arising from the return or disposal and shall release Euronyika from such costs. In all other respects, Euronyika is entitled to reimbursement of expenses in accordance with the statutory provisions.
- Additional services
If the customer commissions or arranges for further expenses or services, e.g. proof of delivery, insurance, transport in case of oversized goods, preparation of an export declaration etc., they shall reimburse Euronyika the prices charged by the respective carrier, which are based on the carrier’s current price lists. Collection and delivery is generally not available on Saturday, Sunday and public holidays. - Obligations of the Sender
The customer or a third party is obliged to keep the consignment ready for dispatch at the contractually agreed collection time or the collection time specified by Euronyika and to hand it over at an easily accessible location. Paragraphs 410 and 411 of the German Commercial Code (Handelsgesetzbuch) must be observed. The goods are to be packed by the customer in such a way that no damage can occur to packages, including those of third parties, during the normal course of things, provided these are also properly packed. In particular, the number, weight and dimensions of the packaged consignment must correspond to the information provided to Euronyika and 5 Terms and Conditions must not be an object excluded from transport within the meaning of section 5.
At the request of Euronyika or the carrier used by Euronyika, the Sender is obliged to issue a consignment note. In this respect, the statutory provisions apply. The recipient’s address must be specified in the shipping order and on the consignment note, written in the way that is customary for the country of destination.
Shipments for which only a PO Box, a parcel station or similar depot is indicated do not entitle the customer to shipment, but Euronyika still reserves the right to carry out shipment. The Sender undertakes to inform Euronyika and its carriers of all special, non-obvious characteristics of the consignment which are likely to have a significant effect on the provision of the service. The Sender authorises the carrier that is commissioned by Euronyika to carry out the required customs procedures. Euronyika is entitled to grant authorisation to the respective carrier. The Sender is obliged to provide Euronyika and the carriers with all information required to complete the customs formalities and to provide the necessary documents. The Sender must attach to the cargo all documents and information required in each individual case and ensure that they comply with all applicable customs regulations and the Sender must provide Euronyika and its carriers with the necessary information and documents required to comply with customs regulations during transport. - Transport obligation
The customer is entitled to transport of the respective transport goods. The customer is not entitled to transport of the transport goods if the recipient is a natural or legal person or an organisation that is on a list of sanctions and embargoes of the Federal Republic of Germany (FRG) or an intergovernmental or supranational organisation recognised as binding by the FRG. The customer also has no claim to transport of the transport goods if the respective goods are a consignment excluded from transport within the meaning of these T&Cs (section 5) or within the meaning of the terms of use for the shipping platform. - Delivery times
The shipment times determined via Euronyika are stated in working days (Monday to Friday) and are of an indicative nature, unless a particular delivery date is explicitly agreed, e.g. express deliveries. If a certain delivery period is expressly agreed, it begins with the actual acceptance of the consignment by Euronyika or the respective carrier, unless the acceptance of the consignment is delayed for reasons for which Euronyika or the respective carrier is responsible. However, if Euronyika delays shipment more than thirty (30) days after the estimated delivery date (the “Delayed Shipment Date”), then Customer may, as its sole remedy therefor, cancel the related shipment order regarding the delayed Goods by giving Euronyika notice within five (5) days of the Delayed Shipment Date. - Non-acceptance or abandonment of transport
6 Terms and Conditions Euronyika and their carriers reserve the right to exclude from transport any consignments that contain items for which the customer is not entitled to transport, to abandon the transport of such consignments and/or to hand these over to official bodies. This shall also apply for consignments whose contents or packaging poses a threat to human beings or means of transportation or that may cause damage to other transported goods. - Performance of transport
Euronyika and their carriers are free to choose the route, means and type of transport, including in deviation from the specifications included in the consignment note. Permitted dimensions, weights, prices and services are based on the scope of services and the mode of transport selected by the Sender. Instructions issued by the Sender after a consignment has been handed over do not have to be observed. § 418 sections 1 to 5 and § 419 of the German Civil Code (Bundesgesetzbuch) shall not apply. Euronyika is not obliged to verify whether a consignment contains items that are excluded from transport or contains perishable or temperature-sensitive goods or whether it requires a customs declaration. - Right of inspection and correction
Euronyika, its carriers, regulated agents within the meaning of Regulation (EC) No. 2320/2002 and any state authority, in particular the customs authorities, are authorised, but not obliged, to open and inspect the consignments handed over if there is a justified interest in doing so or if there is a risk of delay. Euronyika reserves the right to correct any detected weight or volume deviations in the consignment note. The Sender’s sole liability for the correctness of their declarations shall remain unaffected. - Delivery
Euronyika is obliged to deliver the consignment to the recipient or to the recipient’s authorised representatives if they can prove their power of representation. The consignment shall be delivered, with exempting effect for Euronyika, to any person that is present at the recipient’s business or private household address that is specified as the destination address, provided that there is no justified doubt as to their authority to receive the goods. Shipments to recipients in shared facilities (e.g. hospitals) may be handed over to employees of the facility with discharging effect. If the recipient of a consignment is a natural person and not a merchant, the consignment may also be delivered with discharging effect to immediate neighbours of the recipient. If neither the recipient nor a person representing the recipient who is able to prove their right of representation can be found at the recipient’s premises during a delivery attempt and if no other delivery with discharging effect is made, this delivery attempt shall be deemed to have failed. In this case, either another delivery attempt shall be made or the recipient shall be notified 7 Terms and Conditions of the failed delivery and of a possibility of picking up the consignment within a reasonable period. This depends on the conditions of the respective carrier commissioned by Euronyika. The proper delivery can also be proved with the digital signature of the recipient or another person to whom the item can be handed over with discharging effect or the digital reproduction of such a signature. If the consignment cannot be delivered to the recipient or a proven representative thereof due to reasons beyond Euronyika and its vicarious agents’ control, the consignment shall be considered undeliverable. Undeliverable consignments shall be returned to the Sender at the Sender’s expense. Upon Euronyika request, the customer is obliged to immediately collect undeliverable shipments from the place where they are located. If an undeliverable shipment cannot be returned to the Sender, Euronyika is entitled to open it. In the event that the Sender does not accept a return delivery or if returning the consignment is not possible for any reason, Euronyika shall have the right to use, destroy or sell the consignment. If the proceeds of the sale exceed Euronyika expenses, the customer is entitled to the surplus. - Right of lien and retention
Euronyika has a lien and a right of retention on all goods or other values under its control on account of all claims arising from other freight contracts concluded with the Sender, whether based on the freight contract or undisputed claims. The right of lien and retention shall be limited to the statutory right of lien and retention. The period of one month that is provided for in § 1234 of the German Civil Code (Bundesgesetzbuch) shall be replaced by a period of two weeks. If the Sender is in arrears, Euronyika can, after the threat of sale has been issued, sell such a quantity of the goods in its possession as is necessary to satisfy all claims at Euronyika discretion. - Liability of the Sender
The Sender shall be liable for any direct and indirect damages that arise for Euronyika or their carriers due to the Sender handing over consignments that are excluded from transport (section 4) or due to their culpable failure to fulfil their cooperation duties (section 5) at all, correctly or in full, unless the Sender is not responsible for the breach of duty. The obligation to pay compensation includes any fines, penalties and costs for legal defence. In addition, the Sender is liable for all direct and indirect damages resulting from their culpable breaches of duty, especially in the case of breaches of duties arising from these T&Cs, unless the Sender is not responsible for the breach of duty. The liability also extends to the conduct of the Sender’s agents and vicarious agents and to the fact that the Sender is entitled to carry out the transport of the consignments. The Sender shall exempt Euronyika from any claims of third parties, if and insofar as such claims can be attributed to the fact that the Sender has violated their duties and obligations according to these T&Cs or if a third party asserts rights to the consignment. 8 Terms and Conditions In case of deviations, the Sender is obliged to reimburse Euronyika for any additional costs that may arise. - Liability of Euronyika
Euronyika is liable for the total or partial loss or damage of the consignment during transport as well as for exceeding the delivery deadline, subject to mandatory legal provisions, in accordance with the following paragraphs: For contracts for shipment of a consignment, Euronyika liability in the event of loss, partial loss or damage to the consignment shall be limited to 2 special drawing rights (SDR) per kilogram gross weight, in deviation from § 449 section 1 of the German Commercial Code (Handelsgesetzbuch). A special drawing right is the unit of account used by the International Monetary Fund. The amount in euros is based on the value of the euro on the day the consignment was accepted for shipping or on a date agreed upon by the parties. The value shall be determined in accordance with the method of calculation used by the International Monetary Fund for its operations and transactions on the day in question. Liability for non compliance with delivery times is limited to three times the value of the cargo. Liability for non-compliance with delivery times shall be excluded for letters and letter-like consignments. If and to the extent that the carrier designated by the Sender grants the right under certain conditions to reclaim the freight price in whole or in part, Euronyika hereby assigns to the Sender in advance all claims in this respect against the carrier, provided that the contractual or legal requirements for the claim are met. This does not apply to the “money-back guarantee” provided for in clause 19 of FedEx’s General Terms and Conditions. The money-back guarantee” does not apply to the contractual relationship between Euronyika and the sender if FedEx is used as sub-carrier.