General Terms for the Provision of EXPRESS MAIL SERVICE (EMS)
1. “ELTA COURIER S.A.”, hereafter the Company, provides emergency international transportation services of documents and goods, named EXPRESS MAIL SERVICE (EMS), for documents and goods under the following terms, which the sender or their legal representative declares they unreservedly accept.
2. The Company undertakes the transport of its customers EMS items from the point of collection to their destination, in the highest possible speed and safety, according to its pricelist in effect at each time. The Company has the right and responsibility for the selection of the handling procedures and transportation means.
3. The sender guarantees that he/she is the owner or legal holder of the items deposited for shipment and handling or representative of the owner or legal holder of the said items and accepts that the present form has been filled by him-/herself or by the Company on their behalf. The present Voucher is a document-agreement (personal contract) and proof of collection, binding and nonnegotiable.
4. The sender has to clearly and fully describe the content of the item forwarded on the present Voucher. The sender guarantees also that:
a) The content of the item sent is the one described,
b) all the necessary information about the sender, as well as the addressee have been correctly noted and
c) the item sent has been packaged so that its safe dispatch can be achieved. The Company has the right to deny the collection and/or at any time discontinue the dispatch of the sent items if the obligations mentioned in the present are not respected, whereas in the same case, the sender assumes the liability to pay all additional expenses that might occur during the dispatch, the return or the storage of those items.
5. The sender has the duty and responsibility of the secure and resistant packaging of the items to be shipped. If the content of the items is damaged during their transportation and handling, due to their not secure and appropriate packaging, the Company is acquitted of any liability for the remuneration of this damage. The weight of the items must not exceed 30 kg, its length must not exceed 1.50 meters and the sum of its length and perimeter, calculated at a direction different than that of the length must not exceed 3 meters. The above dimensions and weight may differ according to the regulations of the country of destination.
6. The Company does not undertake the transportation and handling of items with the following content: Explosives, inflammable and radioactive material, corrosive substances, compressed gases, drugs, poisons, antiquities and objects of art, food that may turn rotten, alive or dead animals, plants, pornographic material, weapons, credit cards, securities, gold, platinum and precious stones in any form, items that by their nature or their packing may be self-destroyed or destroy other items and, in general, items the importation or handling of which is prohibited in the destination country, as well as items whose handling and transportation is banned by ΙATA. To avoid the delivery for transport of the foresaid items, the Company has the right to, but is not required to check the item that it undertakes to transport, or even open it. When the sender for any reason submits for delivery such items, the company, as soon as it realizes their presence, has the right to handle them at its own judgment, including the prompt discontinuation of transportation, disclaiming any further responsibility. In such a case, the postage has to be paid and is not reimbursed. The sender is always the only responsible for the damages that may be caused to individuals or other items by false declaration of the content.
7. The sender has to conform to the laws, the customary law and the regulations that apply in the country of origin, the destination country or the transit countries of the item.
8. The item is delivered in the destination country at the addressee’s address, as this is written on the present Voucher.
9. In case the transportation of the item is discontinued within the domestic network, after request from the sender, the postage is reimbursed after retaining the amount corresponding to the express mail of the item within the country and according to the Company’s pricelist in effect at each time.
10. The Company has the right to discontinue the transportation of an item whenever it considers it unacceptable or if the sender has for any reason provided incomplete or incorrect information. In such case, postage is paid and not reimbursed.
11. The Company makes any possible effort to deliver the sender’s items in time within the foreseen time period, as this is presented in the pricelist of the Company in effect at each time. The items are delivered on working days in the country of destination. In cases of delayed delivery, no remuneration is paid.
12. The sender can exercise any right about the item sent in written, within the exclusive deadline of six (6) months starting from the next day of the date of deposit of the item. It is necessary to provide the original Voucher.
13. The Company, only in case of damage or loss of an item and if all the above have been respected, reimburses the postage to the sender and pays an additional remuneration:
a) For documents, the amount of forty (40) Euro
b) For goods up to the amount of a hundred and fifty (150) Euro, depending on the real value of the content, which is proven only and exclusively with the provision of a receipt or an invoice or in their absence with a declaration with signature authentication. In no case is the commercial utility or the particular value of the items for the sender, the addressee or any third party taken into account in the calculation of the remuneration. In all other cases, the Company does not pay any remuneration.
14. For the coverage of higher amounts and for increased liability of the Company, in case of damage or loss of the content of an item sent, the Company offers the “Declared Value” service only to contractual customers and after a respective written agreement, against an additional fee. The uppermost limit of declared value and any other clause concerning this service will be defined by the Company and included in detail in the relevant written agreement.
15. Also, the Company bears no liability and pays no remuneration in the following cases:
a) For any loss or damage due to the sender or the addressee.
b) For the loss or damage of items that the Company does not undertake to forward, according to term 6 of the present.
c) For any loss or damage due to inappropriate packaging or to the nature of the item
d) In case of force majeure or in case of unexpected and extraordinary events naturally beyond human capabilities as, indicatively, but not limited to, accidents, strikes, weather conditions.
e) For any direct or indirect positive or consequential damage, income, profit, purchase or use loss, rupture of contracts etc., either due to the Company, customers or third parties or not
f) If the relevant request is not submitted within the deadline mentioned above.
g) For delay due to the customs clearance procedures of the item in the country of destination.
h) For procedures originating from the internal legislation of the destination country
16. When, for any reason, an item is not delivered to the addressee, this is returned to the sender. If, for any reason, the item after having been returned cannot be delivered to its sender, it remains for a period of six (6) months at the facilities of the Company. After the end of this period, the item is considered definitely undelivered; the procedure of destruction will be followed, the relevant minutes will be drawn and the Company will bear no other liability.
17. No agent, employee or representative of the Company or the sender have the right to unilaterally raise or amend the above terms.
18. Any case that does not fall into the clauses of the terms of the present will be settled according to the provisions in effect for the particular contract at each time.
19. The Courts of Athens are the only competent for the resolution of any dispute, after an eventual ineffectual procedure in front of the Dispute Resolution Committee of the Company, whereas the Greek Legislation is to be applied.