General Terms and Conditions of Carriage
These Terms and Conditions apply to the following transportation services (the “Services”):
DHL PARCEL EUROPLUS DOMESTIC: Intercompany shipments to/from Spain and Portugal.
DHL PARCEL CONNECT PLUS: Intercompany shipments to/from Spain and Europe (except Portugal).
DHL PARCEL IBERIA: Shipments from companies with delivery to private individuals, to or from Spain and Portugal.
DHL PARCEL RETURN IBERIA: Return shipments from private parties to companies, to or from Spain and Portugal.
DHL PARCEL CONNECT: Shipments from companies with delivery to private individuals, with origin in Spain and international destination (Parcel Europe network countries, except Portugal).
DHL PARCEL RETURN CONNECT: Return shipments from private parties to companies originating outside Spain (DHL Parcel Europe network countries, excluding Portugal) and to Spain.
DHL PARCEL FOR YOU IBERIA: Shipments between individuals originating at a DHL Servicepoint and destined for Spain and Portugal.
DHL PARCEL FOR YOU INTERNATIONAL: Shipments between individuals originating at a DHL Servicepoint and international destination (DHL Parcel Europe network countries, excluding Portugal).
1. Scope
1.1 By contracting for DHL Parcel Services, you as the shipper, agree on both your behalf and on behalf of the receiver of the Shipment (“recipient”) and any other person interested in the Shipment, that these Terms and Conditions apply to the transportation services provided by DHL Parcel (“the Services”).
1.2 The term "Shipping" includes all packages traveling under the same waybill, and may be transported by any means of transportation chosen by DHL Parcel in the non-terrestrial sections. The "Bill of Lading" (including electronic versions) must include a Shipment identifier or document produced by DHL Parcel or some automated shipper system such as a label, barcode or delivery note. Each Shipment will consist of one package, unless a Service allows multiple packages to be shipped under one Waybill. Liability for each Shipment transported shall be limited to the provisions of these Terms and Conditions. If the sender requires more protection, you can purchase insurance at an additional cost.
1.3 The Services include the transportation of Shipments from the receipt thereof by DHL Parcel to delivery, also including the optional services or additional ancillary services selected.
1.4 No other terms or conditions of the sender shall apply to the Services.
2. Unacceptable Shipments
The shipper agrees that a Shipment is deemed unacceptable and therefore excluded from transportation (“Prohibited Shipment”) if:
a) contains counterfeits, unlicensed copies of products, live animals or plants, human or animal remains, easily perishable products or goods requiring special handling (e.g., temperature or humidity control);
b) contains military-use goods or other goods that are subject to a prohibition, license, authorization or permit (such as dual-use goods or weapons) for import, export, transit or transfer under export control, sanctions laws and regulations or other regulatory restrictions (“Controlled Goods”)
c) contains bullion (of any precious metal), cannabis or its derivatives; or illegal goods, such as narcotics or other illegal drugs;
d) contains goods subject to regulatory procedures (e.g. circulation of products subject to special taxes) or a special transport authorisation (unless otherwise agreed);
e) contains merchandise classified as hazardous material, dangerous goods, items prohibited or restricted by the European Agreement on the International Carriage of Dangerous Goods by Road (ADR) for shipments transported by road, IATA (International Air Transport Association) and ICAO (International Civil Aviation Organization) for airborne shipments, or other relevant organization (contact DHL Parcel Customer Service for Dangerous Goods packed in Limited Quantities (LQ) and lithium batteries);
f) Has inadequate or defective packaging;
g) Shipper, Recipient or any third party with an interest in the Shipment, directly or indirectly involved in the shipment or transaction, is an individual or legal entity or entity subject to sanctions from the UN, EU, United States or, where applicable, other international governments and institutions ("Deny Party")
h) its gross value (including VAT) exceeds EUR 25,000 per Shipment (not applicable to DHL Parcel Europlus Domestic / DHL Parcel Connect Plus when insurance has been arranged to cover the full value of the Shipment, with a limit of EUR 100,000);
i) contains precious metals and precious stones, antiques, unique art pieces or other items of special value and “high risk”, currency, bank cards, negotiable instruments, postage stamps, securities, shares, bills of exchange, and has a total value of more than 500 euros per shipment;
j) all Shipments sent for delivery to the same Recipient on the same day containing goods described in section i) exceed a total value of EUR 500.
DHL Parcel is under no obligation to verify whether a Shipment is acceptable under the above provision. Upon reasonable suspicion of any Prohibited Shipment or for security, customs or other regulatory reasons, DHL Parcel shall have the right to open and inspect a Shipment. Any inspection by DHL Parcel will not relieve the Shipper of its obligations. If a Shipment is deemed unacceptable, DHL Parcel may (i) reject the Shipments without providing reasons, (ii) return the Shipment at the Shipper’s expense or hold the Shipment for pickup by the Shipper, or (iii) accept and transport the Shipment without notifying the Shipper and subsequently requesting an appropriate additional charge for any special handling required.
3. Shipper Obligations
The sender has the following obligations:
a) Properly prepare and package the Shipment to ensure safe transport with the usual care in its handling by automated systems;
b) (i) properly label the Shipment, (ii) provide accurate information about the product description, country of origin, customs valuation and applicable tariff classification of the goods (for customs purposes), and (iii) mark the Shipment with a complete address of the Consignee and Shipper. Any statement of value provided for customs or other information purposes shall not be expressly understood as a statement of interest or value in the sense of international transport conventions (e.g., CMR, Montreal Convention), or a similar provision providing for extended liability;
c) obtain all necessary authorisations in relation to the personal data provided to DHL Parcel, including the recipient's details that may be necessary for the transport, customs clearance and delivery, such as the email address and telephone number; and
d) comply with all applicable import, transit, export, customs, export control and sanctions laws and regulations of government authorities or international organizations (“Trade Laws”) and not require DHL Parcel to provide any services that directly or indirectly cause a violation of Applicable Trade Laws.
e) provide any information and attach to the Shipment any documents required to handle Shipper’s shipments in accordance with applicable Commercial Laws. All information provided by Shipper shall be true, complete and accurate. DHL Parcel shall have no obligation to verify the accuracy and completeness of the documents. If any document is missing, the Shipper must send it immediately upon request and no later than five business days. In the absence of timely receipt, DHL Parcel may treat the Shipment as a Prohibited Shipment in accordance with Section 2. If the Shipper identifies errors or inaccuracies, the Shipper shall immediately notify DHL Parcel of the error/inaccuracy;
f) classify the export merchandise, not deliver any Controlled Goods to DHL Parcel and immediately notify DHL Parcel in writing when the Shipper has knowledge or reason to believe that the Shipment contains Controlled Goods;
g) ensure that delivery to the final destination, any known end user and end use comply with applicable Commercial Laws and that neither the Shipper nor any holding company, nor the Recipient or any third party contracted directly or indirectly by the Shipper is a Denied Party
h) maintain records and submit information and documents related to your shipments, as required by relevant government authorities.
The Shipper shall indemnify and hold DHL Parcel harmless from and against all actions, liabilities, claims, suits, awards, losses or damages arising from the Shipper’s failure to comply with applicable laws or regulations and the Shipper’s failure to comply with its obligations contained in Sections 2 and 3. This indemnity shall include damages caused to persons, facilities, third parties or other shipments due to delivery of Prohibited Shipments, as well as any fines, actions, claims and penalties imposed by the authorities due to violations of applicable customs, import and export laws by the Shipper.
4. DHL Parcel Services and Obligations
4.1 In the absence of any other delivery agreement with the Recipient:
a) DHL Parcel will transport the Shipments to their destination and deliver them to the Recipient or to a person authorized by the Recipient at the address specified by the Shipper. Shipments to addresses with a central receiving area will be delivered to that area. Small-Format Shipments without additional service may be delivered to the Consignee’s mailbox. Shipments cannot be delivered to PO Boxes. For certain delivery destinations, Shipments may also be made available to the Recipient at a Service Point, Package Station, locker or similar storage facility;
b) If neither the Consignee nor an authorized person is present at the time of delivery, and subject to local law, DHL Parcel may deliver the Shipment to a substitute Consignee and will inform the Consignee of such delivery. DHL Parcel will not deliver to a substitute Consignee if the Shipper selected a Consignee Only service, where this option is available. Substitute consignees include the recipient’s family members, other persons present at the recipient’s premises, or in the vicinity (neighbors).
If the weight or volume of the Shipment, or the functional characteristics of the property do not allow a person to deliver to the specified address, it will be made to the street door with the means of unloading provided by the consignee or at the delegation of DHL Parcel of destination.
4.2 For deliveries to particular customers and unless otherwise agreed in writing, Shipments that cannot be delivered as provided above shall be stored for collection by the Consignee or other authorized person at a DHL point of service, DHL parcel station, locker or similar storage facility for a period of at least 7 calendar days from the day following the first delivery attempt. DHL Parcel shall inform the Consignee of such non-delivery. This will also apply when DHL Parcel cannot reasonably be expected to deliver due to extraordinary circumstances or undue difficulties in the delivery address.
4.3 DHL Parcel may use electronic devices to record the delivery of a Shipment, including observations. Such electronic documentation shall constitute sufficient proof of delivery.
4.4 DHL Parcel will follow any legal instructions issued by any governmental authority regarding shipping, including but not limited to detention, inspections or forfeiture.
4.5 If a Shipment is deemed unacceptable pursuant to Section 2, or has been undervalued for customs purposes, or Recipient cannot reasonably be identified or located, or Recipient refuses delivery or refuses to pay duties or other Shipping charges, DHL Parcel will use reasonable efforts to return the Shipment to the Shipper at the Shipper’s expense. otherwise, the Shipment may be released, deleted, destroyed or sold in accordance with applicable laws and without incurring any liability to Shipper or any other person, applying the proceeds against customs duties, Shipping charges and related administrative costs, after which the remaining earnings will be returned to the Shipper. Unless prohibited by local law, Shipper also authorizes DHL Parcel to destroy any Shipment that any law or circumstance prevents DHL Parcel from returning to Shipper, as well as any Shipment with dangerous or perishable goods.
4.6 DHL Parcel shall make available to the consignee alternative delivery options such as “Servicepoint Delivery”, “Preferred Delivery Day” or “Neighbor Delivery”, which shall reside in immediate proximity to the original place of delivery. In the event that any of the aforementioned deliveries cannot be made, DHL Parcel will proceed as described in point 4.1. DHL Parcel shall not be liable for any damage or loss caused to the sender or receiver as a result of the choice of any of the aforementioned delivery methods and therefore not attributable to circumstances under the control of DHL Parcel.
4.7 DHL Parcel will use reasonable efforts to deliver the Shipment in accordance with its regular and estimated transit times.
4.8 DHL Parcel may select the route for transport and contract with third party carriers all or part of the Service.
4.9 More details about the DHL Parcel Services and Delivery Options available for each product in each country, including applicable alternative delivery options, can be found at www.dhlparcel.es, at customer service or at a DHL Servicepoint.
5. Fees and Rights
Unless otherwise agreed:
5.1 The price for transportation and other Services (“Fees”) shall be paid in accordance with DHL Parcel’s then applicable rates. Unless otherwise specified, Charges exclude taxes and customs charges (“Rights”). The shipper shall pay the Charges prior to the delivery of the Shipment and DHL Parcel shall ask the consignee to pay or refund the Rights.
5.2 The shipper or receiver, where DHL Parcel is acting on behalf of the receiver, shall pay or reimburse DHL Parcel for all Fees and Duties due for Services provided by DHL Parcel or incurred by DHL Parcel on behalf of the shipper or receiver. Payment of the Rights will be required prior to delivery. Payment made by the recipient will relieve the sender of its payment responsibilities.
5.3 It is the shipper’s responsibility to properly inform the recipient of the intended Charges and Rights. If the recipient refuses to pay the Fees and Duties due, this will be deemed a refusal to accept delivery and the sender will remain jointly and severally liable for such payment.
6. Responsibility of DHL Parcel
6.1 DHL Parcel’s liability in relation to any Shipment is limited in accordance with the following mandatory provisions:
a) For International Road Freight Shipments: DHL Parcel’s liability shall be or be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lesser of (i) the current market value or declared value, or (ii) 8.33 Special Drawing Rights per kilogram (which is equivalent to approximately €10/kg).
b) For domestic shipments transported by road, the liability of DHL Parcel will be limited under the terms provided for in the Law on the Ground Transportation Contract of Goods and may not exceed 1/3 IPREM/day/kg (currently equivalent to €6.67/kg);
c) For Shipments transported by air (including combined road transport or road stops), DHL Parcel’s liability is limited by the Montreal Convention or the Warsaw Convention, as applicable, or in the absence of such agreements, to the lesser of (i) the current market value or declared value, or (ii) 26 special draft rights per kilogram (which is equivalent to approximately €35/kg).
d) For Shipments transported by sea, liability shall be limited by the provisions of the applicable sea transport legislation.
6.2 DHL Parcel’s liability is strictly limited to loss and/or direct damage to the shipment and to the limits per kilogram set out in this Section 6. All other types of loss or damage are excluded (including but not limited to loss of profits, revenues, interest and future business), whether such loss or damage, special or indirect, and even if the risk of such loss or damage was communicated to DHL Parcel. Unless the Montreal Convention applies, this limitation shall not apply to damages due to willful misconduct by DHL Parcel, or which, in accordance with applicable law, is considered to be equivalent to willful misconduct.
6.3 Except as otherwise provided in any applicable law, DHL Parcel shall be notified in writing at the time of delivery in the event of apparent damage caused to the Shipment and no later than 7 days after delivery except Sundays and holidays in the event of unapparent damage or loss. Except as otherwise provided in any applicable provision or law, actions arising from the contract of carriage are prescribed on a yearly basis.
7. Shipping Insurance
7.1 DHL Parcel shall be liable for any loss and/or damage to the Shipments in accordance with the limitation of liability set out in these Terms and Conditions.
7.2 If the Shipper considers the above limits of liability to be insufficient, it may make a special statement of value and apply for insurance. DHL Parcel may arrange additional insurance covering the value in respect of the loss or damage of the Shipment, provided that the Shipment complies with these Terms and Conditions and the Shipper so instructs DHL Parcel in writing and pays the applicable premium.
7.3 For DHL PARCEL FOR YOU IBERIA and DHL PARCEL FOR YOU INTERNATIONAL service: DHL Parcel offers you the possibility to arrange shipping insurance with a maximum coverage of 200 euros, by paying the corresponding premium. DHL Parcel will indemnify you for the amount credited on the invoice, with the limit indicated, provided that the Shipment complies with these Terms and Conditions.
7.4 The insurance does not cover indirect loss or damage or loss or damage caused by delay. Excluded from insurance coverage in Section 7.2:
a) Loss and damage to Prohibited Shipments under Section 2;
b) Loss and damage to Shipments caused by insufficient or defective packaging;
c) The loss and damage to the Shipments caused by the shipper; and
d) Loss and damage to claimed Shipments outside of the established timelines.
7.5 Further details of the transportation insurance applicable to any Service available can be found at www.dhlparcel.es.
8. Customs Brokerage
DHL Parcel may perform any of the following activities on behalf of the shipper in order to perform its Services: (1) Complete all documents, modify product or Service codes and pay duties and taxes required by applicable laws and regulations, (2) Act as the shipper's customs broker for export control issues and as the recipient, solely for the purpose of appointing a customs broker to clear customs and proceeds, (3) Redirect the Shipment to the recipient's import agent or to another address, at the request of any person reasonably believed by DHL Parcel to be authorized.
Where legally permitted, the Shipper appoints DHL Parcel (or its authorized agents) to act as its direct customs representative and true and lawful agent to clear customs and/or legally import the Shipment. DHL Parcel does not act as (1) an exporter for export control purposes or (2) a registered exporter for customs compliance purposes.
9. Circumstances outside DHL Parcel’s control
DHL Parcel is not responsible for any loss or damage arising from circumstances beyond DHL Parcel’s reasonable control. These include, among others, electrical or magnetic damage or image erasure, electronic or photographic data or recordings; any defect or characteristic relating to the nature of the Shipment, even if you are known to DHL Parcel; any act or omission of a person not employed or engaged by DHL Parcel, for example, shipper, recipient, a third party, Customs or other government official; force majeure: for example, earthquake, cyclone, storm, flood, fog, war, air accident, however, disturbances, epidemics, pandemics, civil commotions or industrial actions; labor shortages, materials and services and inability or delay in obtaining supplies; third-party cyberattacks or other threats related to information security and any other defenses available under applicable law.
10. Other
10.1 DHL Parcel will collect, store and process the personal data provided by the sender or recipient when necessary for the provision of the Services, in accordance with applicable laws and Deutsche Post DHL’s Data Privacy Policy available at https://www.dhl.com/content/dam/dhl/local/es/core/documents/pdf/es-legal-politica-de-privacidad-de-datos-dpdhl-es.pdf. DHL Parcel will notify the courts and public authorities of customer data that may be legally required.
10.2 The information provided by the Shipper may be used by DHL Parcel to comply with national and international legal obligations (including control of denied parties).
10.3 The invalidity or unenforceability of any provision shall not affect any other provision of these Terms and Conditions. The parties shall replace the invalid provision with a new provision, which achieves to the greatest extent possible the economic, legal and commercial objective of the invalid or unenforceable provision.
10.4 DHL Parcel and the non-consumer or non-user Customer, as defined by Spanish regulations, agree to submit disputes in relation to these Terms and Conditions and/or Services provided to the Courts and Tribunals of San Sebastian and shall be governed by the law of the country of origin of the Shipment. The sender irrevocably submits to such jurisdiction, unless contrary to applicable law.