Special Terms and Conditions

Download

1. Scope of application

1.1 These Special Terms and Conditions (hereinafter referred to as “STC”) shall apply to any and all activities of GLSAustria, in particular the dispatch, handling, transhipment, storage, as well as all arrangements for the carriage of parcels andfreight items of express consignments within Austria and abroad, no matter whether performed by GLS Austria itself or bya third party acting on its behalf. In cases where any imperativeprovisions of law e.g. the Austrian Business Code (“UGB”) or theCMR (Convention on the Contract for the International Carriageof Goods by Road, Geneva, May 1956 and Protocol of 5th July1978, Geneva) or the Montreal Convention, each as amendedfrom time to time provide otherwise these provisions shall prevail over the STC. As far as there are no regulations in these STCthe provisions of the Business Code shall apply, as well as theGeneral Terms and Conditions of Austrian Forwarders (“AÖSp”)with the exception of Sections X and XI and §§ 7, 35, and 54.

1.2 The customer takes note of the fact that GLS Austriaworks exclusively on the basis of these STC. Any terms andconditions submitted by the customer (no matter whether byseparate document or printed onto any correspondence of thecustomer) shall not supersede the STC of GLS Austria.

1.3Any statements or warranties of a carrier or its employees oragents to the consignor, consignee or customer shall not bebinding on GLS Austria to the extent that they go beyond orcontradict these STC.

2. Scope of services

2.1 GLS Austria provides transportation services which are carried out by independent carriers. Thanks to standardised operations, transportation is as economical and fast as possible. The parcels and freight items of express consignments are transported as consolidated shipment, reloaded several times, and sorted and transported within the depots and reloading points with automatic conveyors. The parcels and freight items of express consignments are scanned routinely when received at the GLS System, when running through a reloading point, when received at the inbound depot, when taken over by the delivery driver, as well as upon delivery to the consignee. Date and time of scanning are recorded in this process.

2.1 GLS Austria provides transportation services which arecarried out by independent carriers. Thanks to standardisedoperations, transportation is as economical and fast as possible. The parcels and freight items of express consignments aretransported as consolidated shipment, reloaded several times,and sorted and transported within the depots and reloadingpoints with automatic conveyors. The parcels and freight itemsof express consignments are scanned routinely when receivedat the GLS System, when running through a reloading point,when received at the inbound depot, when taken over by thedelivery driver, as well as upon delivery to the consignee. Dateand time of scanning are recorded in this process.

2.2 GLS Austria is not obliged to conduct examinations norto take any measures for the conservation or improvement ofthe goods and their packing.

2.3 Collection or acceptance of parcels and freight itemsof express consignments is acknowledged on the documentsof receipt provided by GLS Austria. Any further acknowledgements of parcel numbers or weights, consignees, contents andvalue of parcels, or of any other criteria shall not be binding on GLS Austria.

2.3.1 If the customer transmits the parcel data to GLS Austriaby telecommunication the transmission of data shall not constitute prima facie evidence that the parcels listed in the electronic dispatch list have actually been handed in. GLS Austria isunder no obligation to reconcile any electronically transmittedparcel data with parcels actually handed in by the customer.Failure to provide information on any difference shall not bedeemed acknowledgement of the electronic dispatch list, andin particular shall not be deemed acknowledgement of receipt.

2.4 Delivery within Austria of parcels which arrive at theaccepting depot (dispatch depot) until 5.00 p.m. is generallymade within 24 hours (standard time of delivery) on workingdays except Saturdays free to the door of the consignee. Compliance with this standard time of delivery is neither warranted nor guaranteed. In case of express consignments the timeof delivery agreed upon shall apply.

2.4.1 Delivery of parcels to commercial consignees can beeffected to the doorkeeper, incoming mail department or incoming goods department. Delivery to post office boxes shall beexcluded.

2.4.2 Delivery of parcels with discharging effect is made against signature of the consignee or a person present at the point of delivery of the consignee unless the prevailing conditions give rise to reasonable doubt as to the entitlement of the person present to take delivery of the parcel. The customer agrees that after an unsuccessful attempt of delivery to the consignee parcels may be delivered with discharging effect to a neighbour of the consignee or to a GLS Parcel Shop close by (alternative delivery), unless the prevailing conditions give rise to reasonable doubt about alternative delivery being in the best interest of the customer or consignee.

2.4.3 If the consignee gives GLS Austria any different instructions concerning delivery, including but not be limited toinstructions for delivery to another place, at another date orgranting permission to deposit parcels, they shall supersedethe consignor’s instructions. Delivery of parcels with discharging effect can be made to such an alternative address, as wellas to a neighbour or to a GLS Parcel Shop in case of absence ofthe consignee.

2.4.4 Delivery shall be validly proven by the reproduction ofthe digitalised signature of the recipient who signed on thescanner display by means of a touch pen, or if applicable by theslip of the cartage note signed by the recipient.

2.4.5 In case the consignee granted permission to depositparcels, the parcel shall be deemed delivered properly whendeposited at the place defined in the permission.

2.5 In the event that performance of a service is made impossible by any obstacle beyond the control of GLS Austria (e.g.natural disaster, force majeure) GLS Austria shall be relieved ofthe obligation of performance as long as this obstacle continues to exist.

2.6 Weights determined by GLS Austria can be found in thedata memory by entering the parcel number.

3. Transportation exclusions

3.1 In view of the processes described in clause 2.1 the goods listed below shall be excluded from transportation by GLS Austria due to their value or nature:

  • parcels with a goods value in excess of € 3,500.00
  • express consignments with a total goods value of morethan € 3,500.00 per consignment
  • goods with a goods value under € 3,500.00 where loss ordamage of goods might entail high consequentialdamage (e.g. data carriers)
  • Parcels with a weight above 31.5 kg (standard deliverywithin Austria) resp. 40 kg (standard delivery withinEurope) resp. 50 kg (for worldwide transportation)freight items of express consignments with a weightabove 50 kg
  • parcels or freight items of express consignments witha combined dimension of circumference plus length ofthe longest side in excess of 3 m, a length of more than 2m, a height of more than 0.6 m or a width of more than0.8 m
  • insufficiently packaged goods or goods not adequatelypackaged to withstand the strain of transportation
  • bundled consignments• goods which require special treatment or particularlycareful treatment in any way (e.g. because they areparticularly fragile or can only be transported upright oronly lying on a certain side)
  • luggage, e.g. suitcases or travelling bags
  • perishable or temperature-sensitive goods, mortalremains, live animals
  • unique items (e.g. objects of art, antiques, autographs)
  • precious metals, gemstones, genuine jewellery, genuinepearls, cash, coins, medals• telephone cards and pre-paid cards (e.g. for mobilephones)
  • personal documents (e.g. passport, driving licence) anddocuments worth money (e.g. securities, bills ofexchange, passbooks, vouchers, entrance tickets, rail/bus/air tickets)
  • firearms and parts of arms within the meaning of section1 and subsequent sections of the Austrian Arms Act(“Waffengesetz”)
  • all kinds of waste, problematic or hazardous substances,and radioactive substances
  • dangerous goods
  • parcels and express consignments whose content, externaldesign, carriage or storage violates any applicable law orprohibition by the authorities. This shall also include anyparcel containing items that infringe against any laws orregulations for the protection of intellectual property,including but not limited to counterfeit merchandise orunlicensed copies of products (trademark counterfeitingand piracy)
  • goods or parcels the sending of which is prohibited underthe applicable sanction laws, in particular due to theircontents, the consignee or due to the country of origin ordestination. Sanction laws shall be deemed to include anyand all laws, rules, regulations, and sanction measures(trade restrictions) imposed on any countries, persons/groups of persons, or business entities, including thoseimposed by the United Nations, the European Union and EUmember states.
  • parcels and freight items of express consignments withmandatory marking/labelling requirements which arenot marked or labelled at all, or which are not marked orlabelled correctly or sufficiently

More information on embargos and sanctions

  • parcels and freight items of express consignments with mandatory marking/labelling requirements which are not marked or labelled at all, or which are not marked or labelled correctly or sufficiently

3.2 In addition, the following shall be excluded

3.2.1 from transportation abroad:

  • tobacco products and liquor
  • personal effects and goods imported or exported with ATA carnet
  • tires when the country of destination is Sweden

3.2.2 from transportation as express consignment

  • pharmaceutical products

3.2.3 from transportation as air cargo

  • Prohibited articles according to Regulation (EC) No. 300/2008 dated March 11, 2008 and its implementing rules as amended from time to time.

3.3 The customer is obliged to comply with these exclusions of transportation, and shall make adequate controls before handing in the parcels to GLS Austria. GLS Austria accepts only closed parcels which will be opened during transportationonly in exceptional situations where this is legally permitted.GLS Austria is not obliged to check any parcel and/or packingfor violations of the exclusions of transportation as listed.

3.4 In the event that a customer instructs GLS Austria to transport a parcel or freight item of an express consignment excluded from transportation under clauses 3.1 to 3.2 without GLS Austria having authorised transportation in writing before it was handed in transportation shall take place at the customer’s risk. In addition, in any such case the customer shall be liable for any loss, damage and costs incurred by GLS Austria or any third party as a result of this order in violation of the contract. This shall also include reimbursement of expenses for reasonable measures caused to be taken by GLS Austria to remove the breach of contract or to eliminate danger, such as seizure, intermediate storage, returning, disposal, or cleaning. Furthermore, GLS Austria shall be entitled at its sole discretion and without prior consultation with the customer to keep the parcel or the entire express consignment at the customer’s disposal for collection, to send it back to the customer, store it or hand it over for onward transportation to another service provider which does not have any such exclusion of transportation. Furthermore, where this is justified in view of the situation GLS Austria shall be entitled to destroy any such goods in order to eliminate risks after having notified the customer.

3.5 Any inscriptions or marks on a parcel or freight item of an express consignment pointing at goods as listed in clauses 3.1 to 3.2 shall not be deemed notification of GLS Austria. Consent by a carrier or its employees or agents or tacit acceptance of a parcel or freight item of an express consignment shall not constitute consent of GLS Austria to carriage of any goods subject to exclusion of transportation.

4. Customer’s obligations

4.1 The customer shall furnish accompanying documents foreach parcel or freight item of an express consignment usingthe forms approved by GLS Austria which must be filled in completely. The customer shall be liable for any errors in filling inthe forms. The customer shall make sure that only one undamaged parcel label approved by GLS Austria is attached to thelargest side of the parcel or freight item of an express consignment when handing it in. The label must be clearly visible andmust not be covered. A parcel number shall be used only once. Any old parcel labels, addresses, and any other markings mustbe removed.

4.2 If a customer fails to meet his/her obligations under clause 4.1 GLS Austria may unload, store, secure or return the parcel or freight item of an express consignment according to its proper discretion without being liable for damages to the customer in this respect, and may demand reimbursement of costs necessarily incurred for any such measures from the customer.

4.3 The customer is responsible for inner and outer packaging in accordance with the strain of transportation and the goods to be sent. In this context, the transport strain to be expected due to the transport operations described in clause 2.1 must be taken into account. The goods must be packaged in such a way that they are protected against loss and damage, and that no damage can be caused to any persons, operating equipment or materials, nor to any other parcels to be transported. Furthermore, the goods must be packaged in such a way that access to the contents of the parcel is not possible without leaving clear traces on the outer packaging. For help in this respect refer to the hints for packing in the “Shipping Guide for Regular Senders” downloadable from the internet (see: www.GLS-group.com).

4.4 Any cross-border transport order automatically includes instructing GLS Austria to take care of customs clearance where transportation would not be feasible without it. In these cases the customer is obliged to submit to GLS Austria any and all documents required for customs clearance without being specifically requested to do so. The costs of customs clearance shall be borne by the customer.

5. CashService

5.1 With its CashService, GLS Austria offers the opportunity to send parcels and express consignments cash on delivery. These parcels and consignments shall be prepared and registered by the customer in accordance with the guidelines of GLS Austria. If several parcels are handed in to GLS Austria for transport to the same consignee on the same day each parcel must be declared as a separate C.O.D. parcel.

5.2 The amount to be collected must be entered in the parcel consignment form provided for this purpose in such a way that it cannot be changed subsequently. This amount shall not exceed the value of the parcel and shall not exceed a maximum of € 2,500.00 per parcel. If several parcels are handed in to GLS Austria for transport to the same consignee on the same day the total amount to be collected shall not exceed € 3,500.00. In case of express consignments the amount to be collected shall not exceed € 3,500.00 per consignment. If the data is transmitted to GLS Austria by telecommunication the amount to be collected as transmitted in this way shall apply. If the amount to be collected is quoted in figures and in words the figures shall prevail in case of doubt. For export parcels sent to consignees outside the Euro zone the amount to be collected shall be quoted in the currency of the country of the consignee.

5.3 A surcharge according to agreement is levied for providing C.O.D. service. The amount collected will be transferred exclusively to the account specified by the customer.

5.4 In the course of CashService GLS will only collect the COD amount for the consignor and is not entitled to obligate the consignor or to enter into any agreements with the receiver of the CashService parcel on behalf of the consignor. The consignor shall comply with the obligations for combatting money laundering according to the applicable laws.

6. Express service

6.1 GLS Austria offers an express service within Austria in the form of consignment forwarding. A consignment means all freight items forwarded under one consignment number.

6.2 Express consignments cannot be sent to addresses of receivers in the customs exclaves nor to any addresses where delivery within the specified time is not possible due to the location/situation (e.g. post office box and army postal service addresses, camping sites, mountain refuges, etc.).

6.3 Express consignments will be delivered by 17:00 hours of the next working day (Monday to Friday) after the day of collection. Delivery at standard times and/or delivery on Saturdays may be agreed against payment of an additional service surcharge. Delivery shall be deemed to have been made in due time even when made up to 15 minutes after the time of delivery agreed upon

6.4 If delivery is made more than 15 minutes after the time of delivery agreed upon, GLS Austria shall reimburse the customer for the freight charge and/or the time service surcharge paid for the express consignment depending on the extent of the delay in delivery, minus turnover tax paid.

6.5 In case of express consignments GLS Austria shall not be liable for damages for delayed delivery if the delayed delivery is due to impediments outside the scope of risks of GLS Austria, including but not limited to non-compliance of the customer or consignor with his/her obligations or the exercise of a right of retention on the part of GLS Austria.

6.6 Contrary to the exclusion of transportation of documents according to clause 3.2, documents are accepted for transportation by express service.

6.7 Unlike parcels, express consignments will not be delivered to alternative receivers, and will not be left without personal delivery based on a general permission to leave parcels granted by the receiver.

6.8 In the event that an express consignment is affected by any impediment to carriage or delivery the customer shall be informed without delay in order to obtain his/her instructions. In this context any instruction to redirect an express consignment shall be given in writing. A second attempt of delivery will be made only after having been instructed to this effect by the customer or consignee. If the instruction cannot be obtained within a reasonable period of time GLS Austria may take the measures appearing appropriate and reasonable in the best interest of the customer. In particular the express consignment may be returned to the consignor. The customer shall reimburse the required expenses or pay a reasonable charge if the impediment is not to be attributed to the scope of risks of GLS Austria.

7. Forwarder’s fees, payment and reimbursement of expenses

7.1 The prices and surcharges as agreed upon between GLS Austria and the customer from time to time shall apply. They are based on the assumption that 1 cubic metre is equivalent to 166.67 kilograms.

7.2 The fee covers carriage only from collection at the customer to delivery. Any additional services beyond the scope of services described above, such as clarification of addresses, redirecting, carriage of goods not suitable for automatic sorting shall be invoiced separately to the customer according to the price list as revised from time to time. If a parcel has to be returned for reasons not to be attributed to GLS Austria GLS Austria will invoice the costs to the customer. In case of cancellation of orders GLS Austria may invoice a cancellation fee in consideration of expenses incurred.

7.3 The invoices of GLS Austria shall be due for payment immediately without any discount and free of expenses.

7.4 The customer shall check all invoices for correctness forthwith. Any objections against invoices shall be made within 60 days from receipt of the respective invoice.

7.5 The customer shall not offset any of its claims against claims of GLS Austria, unless any such claim of the customer has been legally established or acknowledged in writing by GLS Austria Any written or oral consent by a carrier, its employees or agents shall not constitute consent of GLS Austria as aforesaid.

7.6 In the event that any customs duties, taxes or other charges, forwarder’s fees, costs or expenses have to be paid or have been caused by a foreign consignee, the Austrian customer shall reimburse GLS Austria for any such expenses not paid by the foreign consignee upon first request.

7.7 The customer shall pay any additional freight, customs duties, taxes or other charges arising for returning an export parcel unless returning the parcel is to be attributed to GLS Austria.

7.8 If the customer instructs GLS Austria to take delivery of incoming parcels or handle the import formalities for a parcel arriving from abroad GLS Austria shall be entitled but not obliged to make all related payments of freight, COD amounts, customs duties, taxes and any other charges and expenses, and to charge all such costs incurred to the customer.

7.9 In the event that bankruptcy proceedings are initiated against the customer’s assets GLS Austria shall perform the services ordered by the customer exclusively against immediate payment. In case of a reduction of the volume of parcels by 30 per-cent compared to the average volume of parcels during the 12 months preceding initiation of bankruptcy proceedings GLS Austria will invoice the standard rates and prices.

8. Liability

8.1 GLS Austria is liable under the applicable legal provisions in force in Austria governing commercial transportation of goods by road (section 439a of the Austrian Business Code [“UGB”]) for the total or partial loss or damage to the goods up to the amount of 8.33 special drawing rights of the International Monetary Fund per kg of gross weight, provided that such loss or damage occurs between acceptance of the parcel or express consignment for transportation and its delivery. The current value of special drawing rights can be found at www.oenb.at. GLS Austria does not assume liability for any consequential loss or consequential costs such as merely economic loss, reduction of profit, loss of profit or sales, expenses for substitute performance, or any stipulated penalties the consignor has to pay to any third party, nor for any loss incurred due to a delay in air cargo dispatch or clearance, unless such loss has been caused by GLS Austria intentionally or by gross negligence.

8.2 Liability for any loss incurred due to delays in the delivery of parcels shall be according to the applicable legal provisions.

8.3 In case the customer has not taken out transport insurance, in addition to the liability limit set forth in clause 8.1, 1st sentence, GLS Austria will reimburse the value of the goods sent, subject to the following limits:

  • the purchase price (cost of production), or
  • the fair market value in case of used goods, or
  • the hammer price in case of goods sent on the occasion of an auction

with the lowest of the said amounts being applicable in each case, however, the maximum amount reimbursed shall be € 550.00 per parcel or express consignment unless damage has been caused by GLS Austria intentionally or by gross negligence. This extended liability shall apply exclusively to parcels and consignments which are not subject to exclusion from transportation under clauses 3.1 to 3.2. Any deductible agreed upon between the customer’s insurer and the customer shall give rise to a corresponding waiver of the liability limit according to clause 8.1, 1st sentence on the part of GLS Austria only if expressly agreed upon in writing between the customer and GLS Austria.

8.4 In case of damage the customer shall keep the goods complained about as being damaged in the same packaging as handed in to GLS Austria for transportation, and shall make sure that the parcel is kept ready for collection by GLS Austria. If the goods are not present in the packaging as dispatched any more, or if they cannot be made available the liability of GLS Austria shall be limited to the amount stated in clause 8.1, 1st sentence.

8.5 GLS does not assume liability for the integrity or completeness of any goods for the transportation of which an order has been placed for Pick&ShipService, Pick&ReturnService, ExchangeService or ShopReturnService.

8.6 By communicating a higher goods value in writing prior to handing in the goods for carriage an increased liability (AddOnLiabilityService) can be agreed upon between the customer and GLS Austria for which a freight surcharge will be invoiced. In this case, the amount specified by the customer, however not more than a maximum of € 3,500 per parcel, shall apply in lieu of the maximum amount mentioned in clause 8.3. In case of express consignments this increased liability is not available for individual freight items but only for the entire consignment up to a maximum amount of € 3,500.00 per consignment.

8.7 Increased liability cannot be assumed for any goods which are excluded from transportation according to clauses 3.1 to 3.2, as well as for the product GlobalBusinessParcel.

8.8 In the event of delivery of a C.O.D. parcel or a C.O.D. express consignment without collecting the C.O.D. amount GLS Austria shall be liable toward the customer for the value of the goods consigned which shall be limited to the C.O.D. amount, however shall not exceed a maximum amount of € 2,500.00 per parcel or € 3,500 per express consignment.

8.9 If the C.O.D. amount is higher than € 550.00 the customer may make use of the increased liability service described in clause 8.6, and declare this higher amount separately prior to dispatch; in this case the C.O.D. amount shall apply in lieu of the maximum amount mentioned in clause 8.3. If no declaration is made the liability of GLS Austria for damages in case of any damage to or loss of C.O.D. parcels or C.O.D. express consignments shall be limited according to clause 8.3.

8.10 In case of the product GlobalBusinessParcel the liability of GLS Austria shall be subject to the provisions of the Montreal Convention and shall be limited to 19 special drawing rights of the International Monetary Fund per kg of gross weight.

8.11 In the event that GLS Austria or GLS IT Services GmbH (“GLS IT”) have granted the customer a forwarding software licence for the duration of cooperation or even installed the said software GLS Austria and GLS IT shall be liable for any loss or damage only if caused intentionally or by gross negligence. This shall not apply in case of personal injury or violation of material obligations. In case of violation by negligence of any material obligation under the contract on the part of GLS Austria or GLS IT the liability of GLS Austria or GLS IT shall be limited to the loss foreseeable at the date of concluding the contract. GLS Austria and GLS IT do not assume liability for any loss of data by the customer nor for their recovery if such loss could have been avoided by taking reasonable data security measures.

9. Limitation periods

9.1 All claims against GLS Austria are subject to a limitation period of one year.

9.2 The limitation period of claims in case of transport damage shall commence at the end of the day on which a parcel or express consignment was delivered. If delivery has not been made the limitation period shall commence on the sixtieth day after acceptance of goods for parcels, on the thirtieth day after the lapse of the period of delivery agreed upon for express consignments, and in all other cases upon the lapse of a period of three months after the contract for carriage was concluded.

9.3 The limitation period for the product GlobalBusinessParcel shall be subject to the provisions of the Montreal Convention.

10. Requirement of writing, severability, jurisdiction

10.1 Any collateral agreements and divergent agreements shall be valid only when made in writing.

10.2 Should any of the provisions of these STC be invalid this shall not affect the validity of the remaining provisions.

10.3 Any disputes shall be settled exclusively by the courts of law in Linz a.d. Donau unless otherwise provided by imperative provisions of law.

Current as of January 2018

Download

1. Scope of application

1.1 These Terms and Conditions shall apply to any and all activities of GLS Austria, in particular the dispatch, handling, transshipment, storage, as well as all arrangements for the carriage of parcels within Austria and abroad, no matter whether performed by GLS Austria itself or by a third party acting on its behalf. In cases where any imperative provisions of law e.g. the CMR (Convention on the Contract for the International Carriage of Goods by Road) provide otherwise these provisions shall prevail over the Special Terms and Conditions for ParcelShop Customers. Enterprises shall apply the General Terms and Conditions of Austrian Forwarders (“AÖSp”) with the exception of Sections X and XI.

1.2 The consignor takes note of the fact that GLS Austria works exclusively on the basis of these Terms and Conditions. Any terms and conditions submitted by the consignor (no matter whether by separate document or printed onto any correspondence of the consignor) shall not supersede the Terms and Conditions of GLS.

1.3 Any statements or warranties of a ParcelShop operator, carrier or its employees or agents to the consignor of a parcel shall not be binding on GLS Austria to the extent that they go beyond or contradict the following Terms and Conditions.

2. Scope of services

2.1 GLS Austria provides transportation services which are carried out by independent carriers. Thanks to standardised operations, transportation is as economical and fast as possible. The parcels are transported as consolidated shipment, reloaded several times, and sorted and transported within the depots and reloading points with automatic conveyors. The parcels are scanned routinely when received at the outbound depot, when running through a reloading point, when received at the inbound depot, when taken over by the delivery driver, as well as upon delivery to the consignee. Date and time of scanning are recorded in this process. No further interface documentation is provided. Cancellation of an already started parcel transportation is not possible.

2.2 GLS Austria is not obliged to conduct examinations nor to take any measures for the conservation or improvement of the goods and their packaging.

2.3 Collection or acceptance of parcels in the ParcelShop is acknowledged on the documents of receipt provided by GLS Austria. Any further acknowledgements of parcel numbers or weights, consignees, contents and value of parcels, or of any other criteria shall not be binding on GLS Austria.

2.4 Delivery within Austria of parcels which arrive at the accepting depot (dispatch depot) until 5.00 p.m. is generally made within 24 hours (standard time of delivery) on working days except Saturdays free to the door of the consignee. Compliance with this standard time of delivery is neither warranted nor guaranteed.

2.4.1 Delivery of parcels to commercial consignees can be effected to the doorkeeper, incoming mail department or incoming goods department. Delivery to post office boxes shall be excluded.

2.4.2 Delivery of parcels with discharging effect is made against signature of the consignee or a person present at the point of delivery of the consignee unless the prevailing conditions give rise to reasonable doubt as to the entitlement of the person present to take delivery of the parcel. The consignor agrees that after an unsuccessful attempt of delivery to the consignee parcels may be delivered with discharging effect to a neighbour of the consignee or to a GLS ParcelShop close by (alternative delivery), unless the prevailing conditions give rise to reasonable doubt about alternative delivery being in the best interest of the consignor or consignee.

2.4.3 Delivery shall be validly proven by the reproduction of the digitalised signature of the recipient who signed on the scanner display by means of a touch pen, or if applicable by the slip of the cartage note signed by the recipient.

2.4.4 In case the consignee granted permission to deposit parcels, the parcel shall be deemed delivered properly when deposited at the place defined in the permission.

2.5 In the event that performance of a service is made impossible by any obstacle beyond the control of GLS Austria (e.g. natural disaster, force majeure) GLS Austria shall be relieved of the obligation of performance as long as this obstacle continues to exist.

3. Transportation exclusions

3.1 In view of the processes described in clause 2.1 the goods listed below shall be excluded from transportation by GLS Austria due to their value or nature:

  • parcels with a goods value in excess of € 550.00
  • parcels with a goods value under € 550.00 where loss or damage of goods might entail high consequential damage (e.g. data carriers, spare parts with a loss of production risk, accounting or financial documents, storage media with sensitive data)
  • parcels with a weight above 31.5 kg
  • parcels with a combined dimension of circumference plus length of the longest side in excess of 3 m, a length of more than 2 m, a height of more than 0.6 m or a width of more than 0.8 m
  • insufficiently packaged goods or goods not adequately packaged to withstand the strain of transportation
  • bundled consignments
  • goods which require special treatment or particularly careful treatment in any way (because they are e.g. particularly fragile or can only be transported upright or only lying on a certain side)
  • luggage, e.g. suitcases or travelling bags
  • perishable or temperature sensitive goods, mortal remains, live animals
  • unique items (e.g. objects of art, antiques, autographs)
  • precious metals, gemstones, genuine jewellery, authentic pearls, cash, coins, medals
  • telephone cards and prepaid cards (e.g. for mobile phones)
  • personal documents (e.g. passport, driving licence) and documents worth money (e.g. securities, bills of exchange, passbooks, vouchers, entrance tickets, rail/bus/air tickets)
  • firearms and parts of arms within the meaning of section 1 and subsequent sections of the Austrian Arms Act(“Waffengesetz”)
  • all kinds of waste, problematic or hazardous substances, and radioactive substances
  • dangerous goods (also limited quantities)
  • parcels sent “carriage forward”
  • parcels with mandatory marking/labelling requirements which are not marked or labelled correctly or sufficiently
  • parcels whose content, external design, transportation or storage infringes against a statutory prohibition or prohibition imposed by the authorities. This shall include any parcels with a content infringing against any provisions for the protection of intellectual property, including but not limited to falsified or non-licenced copies of products (trademark piracy)
  • goods or parcels the shipment of which is prohibited under the applicable sanction laws in particular because of the contents or receiver, or due to the country of origin or destination. Sanction laws shall be deemed to include any and all laws, provisions and sanction measures (limits imposed on trade and the economy) against countries, persons, groups of persons or enterprises, including any measures imposed by the United Nations, the European Union and the EU member states.
  • parcels to any of the following destinations: Any destinations subject to customs duties, Andorra, Ceuta, Gibraltar, Melilla, Greece, Livigno, Vatican, San Marino, Büsingen am Hochrhein and all European Islands (except German and Croatian islands and Ireland)

3.2 In addition, the following shall be excluded from transportation abroad:

  • tobacco products and liquor
  • custom goods which require an ATA carnet document
  • tires when the country of destination is Sweden

3.3 The consignor is obliged to comply with these exclusions of transportation, and shall make adequate controls before handing over the parcels to GLS Austria. GLS Austria accepts only closed parcels which will be opened during transportation only in exceptional situations where this is legally permitted. GLS Austria is not obliged to check any parcel and/or packaging for violations of the exclusions of transportation as listed.

3.4 In the event that a consignor instructs GLS Austria to transport a parcel the transportation of which is excluded under clauses 3.1 to 3.2 without GLS Austria having authorised transportation in writing before the parcel is handed over, transportation shall take place at the consignor’s risk. In addition, in any such case the consignor shall be liable for any loss, damage and costs incurred by GLS Austria or any third party as a result of this order in violation of the contract. This shall also include reimbursement of expenses for reasonable measures caused to be taken by GLS Austria to remove the breach of contract or to eliminate danger, such as seizure, intermediate storage, returning to the consignor, disposal, or cleaning. Furthermore, GLS Austria shall be entitled at its sole discretion and without prior consultation with the consignor to keep the parcel at the consignor’s disposal for collection, to send it back to the consignor, store it or hand it over to another service provider for onward transportation which does not have any such exclusion of transportation. Furthermore, where this is justified in view of the situation GLS Austria shall be entitled to destroy such goods in order to eliminate risks after having notified the consignor.

3.5 Any inscriptions or marks on a parcel pointing at goods as listed in clauses 3.1 to 3.2 shall not be deemed notification of GLS Austria. Consent by a ParcelShop operator or carrier and/or their employees or agents or tacit acceptance of a parcel shall not constitute consent of GLS Austria to carriage of any goods subject to exclusion of transportation.

4. Consignor’s obligations

4.1 The consignor shall furnish accompanying documents for each parcel using the forms approved by GLS Austria which must be filled in completely. The consignor shall be liable for the consequences of any errors in filling in the forms.

The consignor is responsible for compliance with export, import and customs regulations in each country. If this compliance is not assured, the consignor is in charge for all resulting negative effects, costs and risks.

The consignor shall make sure that only one undamaged parcel label approved by GLS Austria is attached to the largest side of the parcel when handing it over. The label must be clearly visible and must not be covered. Any old parcel labels, addresses, and any other markings (e.g. for dangerous goods) must be removed.

4.2 If a consignor fails to meet his/her obligations under clause 4.1 GLS Austria may unload, store, secure or return the parcel according to its proper discretion without being liable for damages to the consignor, and may demand reimbursement of necessary costs incurred for such measures from the consignor.

4.3 The consignor is responsible for inner and outer packaging in accordance with the strain of transportation and the goods to be sent. In this context, the transport strain to be expected due to the transport operations described in clause 2.1 must be taken into account. The goods must be packaged in such a way that they are protected against loss and damage, and that no damage can be caused to any persons, operating equipment or materials, nor to any other parcels to be transported. Furthermore, the goods must be packaged in such a way that access to the contents of the parcel is not possible without leaving clear traces on the outer packaging. For help in this respect refer to the GLS packaging guidelines (see: www.glspaketshop.at )

5. Prices of transportation

5.1 The price and supplements according to the price list current at the date of the order shall apply. The price of transportation shall be paid prior to or upon handing over the parcel.

5.2 The consignor shall not set off any amounts owed against counterclaims. However, this prohibition to set off shall not apply to consumers in case of insolvency of GLS Austria, and shall not apply to any counterclaims which are legally related to claims of GLS Austria, which have been declared by a court or recognised by GLS Austria. Any written or oral consent of a ParcelShop operator or carrier and/or their employees or agents shall not be deemed recognition by GLS Austria.

6. Liability

6.1 GLS Austria is liable according to the provisions of the CMR governing commercial transportation of goods by road for the total or partial loss or damage to the goods up to the amount of 8.33 special drawing rights of the International Monetary Fund per kg of gross weight, provided that such loss or damage occurs between acceptance of the parcel for transportation and delivery. The current value of special drawing rights can be found at www.oenb.at. If the provisions of the CMR are not applicable, GLS Austria is liable under the applicable Austria law or for business transactions according to the General Terms and Conditions of Austrian Forwarders (“AÖSp”). GLS Austria does not assume liability for any consequential loss or consequential costs such as merely economic loss, reduction of profit, loss of profit or sales, expenses for substitute performance, or any stipulated penalties the consignor has to pay to any third party, unless such loss has been caused by GLS Austria intentionally or by gross negligence.

6.2 Liability for any loss incurred due to delays shall be according to the applicable provisions (e.g. ABGB) and for corporate transactions in accordance with the provisions of the CMR. The standard time of delivery in clause 2.4 does not change the transportation contract into a fixed dated transaction.

6.3 In case the consignor has not taken out transport insurance (insurance for damage or loss of transported goods), in addition to the liability limit set forth in clause 6.1, 1st sentence, GLS Austria will reimburse the value of the goods sent, subject to the following limits

  • the purchase price (cost of production), or
  • the fair market value in case of used goods, or
  • the hammer price in case of goods sent on the occasion of an auction

with the lowest of the said amounts being applicable in the given case, however, the maximum amount reimbursed shall be € 550.00 per parcel unless damage has been caused by GLS Austria intentionally or by gross negligence. However, this waiver of the liability limit according to clause 6.1, 1st sentence shall not apply to any parcel subject to an exclusion of transportation under clauses 3.1 to 3.2. Any deductible agreed upon between the consignor’s insurer and the consignor shall give rise to a corresponding waiver of the liability limit according to clause 6.1, 1st sentence on the part of GLS Austria only if expressly agreed upon in writing between the consignor and GLS Austria.

6.4 In case of damage the consignor shall keep the goods complained about as being damaged in the original packaging as handed over to GLS Austria for transportation, and shall make sure that the parcel is kept ready for collection by GLS Austria. If the goods are not present in the packaging as dispatched any more, or if they cannot be made available the liability of GLS Austria shall be limited to the amount stated in clause 6.1, 1st sentence.

7. Limitation periods

7.1 All claims against GLS Austria arising from business transactions or consumer transactions in the case of cross-border transports are subject to a limitation period of one year. Otherwise the generally applicable statutory limitation periods by law are applicable (e.g. ABGB).

7.2 In the event of transport damage, the limitation period of claims shall commence at the end of the day on which the parcel was delivered, or if delivery has not been made on the sixtieth day after the goods were accepted for transportation, in all other cases upon the lapse of a period of three months after the contract for carriage has been concluded.

8. Requirement of writing, severability, jurisdiction

8.1 Any collateral agreements and divergent agreements shall be valid only when made in writing.

8.2 Should any of the provisions of these Special Terms and Conditions for ParcelShop Customers be invalid this shall not affect the validity of the remaining provisions.

8.3 Any disputes shall be settled exclusively by the courts of law in Linz a.d. Donau unless otherwise provided by imperative provisions of law. In lawsuits against consumers, who have their place of residence or employment in the territory of Austria, is the competence court of this place responsible. In case of lawsuits from consumers against GLS Austria, than the place of jurisdiction by law should apply.

8.4 Dispute or complaints with GLS Austria, which has not been solved to the customer's satisfaction could be submitted to the regulatory authority (Rundfunk und Telekom Regulierungs-GmbH/Wien).

Current as of September 2019

Download

1. Application

1.1 These Special Terms and Conditions (STC) shall apply to all activities of GLS in connection with GLS-ONE, in particular the dispatch, transshipment and transport of parcels within Austria and international, no matter whether performed by GLS Austria itself or by a third party acting on its behalf.. Additionally the guideline for occasional senders and the NC goods guideline shall apply (see: https://gls-group.eu/AT/en/customer-information).

1.2 In cases where any imperative provisions of law e.g. the Austrian Business Code (“UGB”) or the CMR (Convention on the Contract for the International Carriage of Goods by Road, Geneva, May 1956 and Protocol of 5th July 1978, Geneva) provide otherwise these provisions shall prevail over the Special Terms and Conditions for GLS One. As far as there are no regulations in these Terms and Conditions the provisions of the Business Code shall apply, as well as the General Terms and Conditions of Austrian Forwarders (“AÖSp”) with the exception of Sections X and XI) and §§ 7, 35, and 54.

2. Conclusion of Contract, fees

2.1 GLS-ONE gives the sender the opportunity to generate parcel labels on its own and consign the parcel at a GLS ParcelShop. It is possible to assign several parcels at the same time.

2.2 The current fees and surcharges at the time of the ordering (accessible on gls-one.at) shall apply. The fees and surcharges have to be paid during the order process. GLS accepts payments via PayPal as well as VISA and MasterCard credit cards. In case of credit card payment, the transaction description in the credit card billing will show the entry www.gls-one.eu.

2.3 The contract shall come into effect only after the payment transaction is completed.

2.4 After ordering the sender can print the receipt as well as the parcel label for the ordered parcel. Furthermore an automatic confirmation email will be sent to the sender’s email account that contains the essential provisions of the contract and the STC including the instruction on the right of revocation.

2.5 Upon request of the sender at the depot specified in the confirmation email, GLS issues an invoice.

3. Right of Revocation Notification

3.1 If you conclude the contract as a consumer, you have the following right of revocation.

3.2 Right of Revocation

You have the right to revoke this contract within 14 days without giving any reason. The revocation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of revocation, you must inform us (General Logistics Systems Austria GmbH Debitorenbuchhaltung, Traunuferstr. 105a, 4052 Ansfelden, Fax +43 5 9876 2000, E-Mail customer-service@gls-one.at) of your decision to revoke this contract by an unequivocal statement (e. g. a letter sent by post, fax or e-mail). You may use the revocation form available at https://www.gls-one.at/AT/en/GLS-ONE_revocation-form_AT.pdf but it is not obligatory. To meet the revocation deadline, it is sufficient for you to send your communication concerning your exercise of the right of revocation before the revocation period has expired.

3.3 Consequences of Revocation

If you revoke this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to revoke this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the revocation period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your revocation of this contract, in comparison with the full coverage of the contract.

4. Scope of service and Hindrances

4.1 GLS as a mass parcel provider carries out parceltransportations. A transportation as economical and fastas possible is achieved by standardised operations. The parcels are transported as consolidated shipment and sortedwithin the depots and reloading points with automaticconveyers. The parcels are scanned regularly when receivedat the outbound depot, when running through a reloadingpoint, when received at the inbound depot, at the transferto the delivery driver as well as upon delivery to the consignee. Date and time are registered. Further interface documentation is not carried out.

4.2 GLS is not committed to conduct examinations or toexecute measures for the conservation or improvement ofthe goods and its packing.

4.3 Instructions which have been issued by the senderafter handing over of a parcel need not be complied with.

4.4 The receipt of the parcels in the ParcelShop will beacknowledged by the handing over of document of receiptprovided by GLS.

4.5 The delivery of parcels which arrive until 5 p.m. atthe outbound depot is generally carried out on workingdays except Saturdays within Austria within 24 hours (estimated time of delivery) free to the door of the consignee.Compliance with the estimated time of delivery is neitherassured nor guaranteed.

4.5.1 GLS carries out at the maximum two delivery attempts.

4.5.2 Delivery of parcels to commercial consignees can beeffected to the doorkeeper, incoming mail department orincoming goods department. Delivery to post office boxesshall be excluded.

4.5.3 Delivery of parcels with discharging effect is madeagainst signature of the consignee or a person present atthe point of delivery of the consignee unless the prevailingconditions give rise to reasonable doubt as to the entitlement of the person present to take delivery of the parcel.The consignor agrees that after an unsuccessful attemptof delivery to the consignee parcels may be delivered withdischarging effect to a neighbour of the consignee or to aGLS ParcelShop close by (alternative delivery), unless theprevailing conditions give rise to reasonable doubt aboutalternative delivery being in the best interest of the consignor or consignee.

4.5.4 Delivery shall be validly proven by the reproductionof the digitalised signature of the recipient who signed onthe scanner display by means of a touch pen, or if applicableby the slip of the cartage note signed by the recipient.

4.5.5 In case the consignee granted permission to depositparcels, the parcel shall be deemed delivered properly whendeposited at the place defined in the permission.

4.6 In the event that performance of a service is madeimpossible by any obstacle beyond the control of GLS Austria (e.g. natural disaster, force majeure) GLS Austria shallbe relieved of the obligation of performance as long as thisobstacle continues to exist.

4.7 If parcels cannot be delivered in the manner setforth in clauses 4.5.1 to 4.5.5 to the consignee or to any otherperson in clause 4.5.3 or stored at a GLS ParcelShop and alsocannot be returned to the sender because he can still not bedetermined or he refuses to take back the parcel, GLS shallbe entitled to exploit the parcels after a 90-day period. Theperiod begins at the time undeliverability is ascertained.Parcels which cannot be exploited may be destroyed by GLS.

5. Transportation exclusions (Prohibited goods)

5.1 In view of the processes described in clause 4.1 the goods listed below shall be excluded from transportation by GLS Austria due to their value or nature:

  • parcels with a goods value in excess of € 550.00
  • parcels with a goods value under € 550.00 where loss or damage of goods might entail high consequential damage (e.g. data carriers)
  • parcels with a weight above 31.5 kg
  • parcels with a combined dimension of circumference plus length of the longest side in excess of 3 m, a length of more than 2 m, a height of more than 0.6 m or a width of more than 0.8 m
  • insufficiently packaged goods or goods not adequately packaged to withstand the strain of transportation
  • bundled consignments
  • goods which require special treatment or particularly careful treatment in any way (because they are e.g. particularly fragile or can only be transported upright or only lying on a certain side)
  • luggage, e.g. suitcases or travelling bags
  • perishable or temperature sensitive goods, mortal remains, live animals
  • Prescription drugs and drugs which must be transported separately from other goods (e. g. from tyres, hazardous goods), vaccines, insulin and narcotics,
  • unique items (e.g. objects of art, antiques, autographs)
  • precious metals, gemstones, genuine jewellery, authentic pearls, cash, coins, medals
  • telephone cards and prepaid cards (e.g.for mobile phones)
  • personal documents (e.g. passport, driving licence) and documents worth money (e.g. securities, bills of exchange, passbooks, vouchers, entrance tickets,rail/bus/air tickets)
  • firearms and parts of arms within the meaning of section 1 and subsequent sections of the Austrian Arms Act (“Waffengesetz”)
  • all kinds of waste, problematic or hazardous substances, and radioactive substances
  • dangerous goods
  • parcels sent“carriage forward”
  • parcels with mandatory marking/labelling requirements which are not marked or labelled correctly or sufficiently
  • parcels whose content, external design, transportation or storage infringes against a statutory prohibition or prohibition imposed by the authorities. This shall include any parcels with a content infringing against any provisions for the protection of intellectual property, including but not limited to falsified or non-licenced copies of products (trademark piracy)
  • goods or parcels the shipment of which is prohibited under the applicable sanction laws in particular because of the contents or receiver, or due to the country of origin or destination. Sanction laws shall be deemed to include any and all laws, provisions and sanction measures (limits imposed on trade and the economy) against countries, persons, groups of persons or enterprises, including any measures imposed by the United Nations, the European Union and the EU member states.
  • Parcels with one of the following destinations:
  • outside the EU: all countries (customs destinations), except Monaco,
  • within the EU: Andorra, Ceuta, Greece, Livigno, Malta, Melilla, San Marino, Cyprus,the city of Büsingen am Hochrhein (postcode D-78266), overseas territories and all European islands except German and Croatian islands and Ireland.

5.2 In addition, the following shall be excluded from transportation abroad

  • tobacco products and liquor
  • personal effects and goods imported or exported with ATA carnet
  • tires when the country of destination is Sweden

5.3 The consignor is obliged to comply with these exclusions of transportation, and shall make adequate controls before handing over the parcels to GLS Austria. GLSAustria accepts only closed parcels which will be openedduring transportation only in exceptional situations wherethis is legally permitted. GLS Austria is not obliged to checkany parcel and/or packaging for violations of the exclusionsof transportation as listed.

5.4 In the event that a consignor instructs GLS Austriato transport a parcel the transportation of which is excluded under clauses 5.1 to 5.2 without GLS Austria having authorised transportation in writing before the parcel is handed over, transportation shall take place at the consignor’srisk. In addition, in any such case the consignor shall be liable for any loss, damage and costs incurred by GLS Austriaor any third party as a result of this order in violation of thecontract. This shall also include reimbursement of expensesfor reasonable measures caused to be taken by GLS Austriato remove the breach of contract or to eliminate danger,such as seizure, intermediate storage, returning to the consignor, disposal, or cleaning. Furthermore, GLS Austria shallbe entitled at its sole discretion and without prior consultation with the consignor to keep the parcel at the consignor’sdisposal for collection, to send it back to the consignor, storeit or hand it over to another service provider for onwardtransportation which does not have any such exclusion oftransportation. Furthermore, where this is justified in viewof the situation GLS Austria shall be entitled to destroy suchgoods in order to eliminate risks after having notified theconsignor.

5.5 Any inscriptions or marks on a parcel pointing atgoods as listed in clauses 5.1 to 5.2 shall not be deemed notification of GLSAustria. Consent by aParcelShop operatorSpecial Terms and Conditionsor carrier and/or their employees or agents or tacit acceptance of a parcel shall not constitute consent of GLS Austriato carriage of any goods subject to exclusion of transportation.

5.4 In the event that a consignor instructs GLS Austria to transport a parcel the transportation of which is excluded under clauses 5.1 to 5.2 without GLS Austria having authorised transportation in writing before the parcel is handed over, transportation shall take place at the consignor’s risk. In addition, in any such case the consignor shall be liable for any loss, damage and costs incurred by GLS Austria or any third party as a result of this order in violation of the contract. This shall also include reimbursement of expenses for reasonable measures caused to be taken by GLS Austria to remove the breach of contract or to eliminate danger, such as seizure, intermediate storage, returning to the consignor, disposal, or cleaning. Furthermore, GLS Austria shall be entitled at its sole discretion and without prior consultation with the consignorto keep the parcel at the consignor’s disposal for collection,to send it back to the consignor, store it or hand it over to another service provider for onward transportation which does not have any such exclusion of transportation. Furthermore, where this is justified in view of the situation GLS Austria shall be entitled to destroy such goods in order to eliminate risks after having notified the consignor.

5.5 Any inscriptions or marks on a parcel pointing at goods as listed in clauses 5.1 to 5.2 shall not be deemed notification of GLS Austria. Consent by a ParcelShop operator Special Terms and Conditions or carrier and/or their employees or agents or tacit acceptance of a parcel shall not constitute consent of GLS Austria to carriage of any goods subject to exclusion of transportation.

6. Sender’s Obligations

6.1 The sender shall affix to the parcel the parcel labelindividually generated via GLS-ONE. The sender shall ensure that the hard- and software necessary for the completion of the ordering and the printing of the parcel label isavailable and fully functional. The sender shall be liable forthe consequences of any errors with respect to parcel labelprinting. The sender shall ensure, when handing over theparcel that only one undamaged parcel label is attachedto the largest side of the parcel and is easily visible. Usedparcel labels, addresses or miscellaneous old signs must beremoved. The sender shall be responsible that the data ofthe parcel actually handed over to GLS agree with the dataof the individually generated parcel label.

6.2 If the sender does not comply with his obligationsaccording to clause 6.1 GLS is at its discretion entitled to unload, to store, to secure or to return the parcel without theneed for indemnifying the sender and the sender is liablefor any expenses or costs due to this action. In case of transports to other EU countries the sender has the obligationto ensure that all necessary documentation needed for VATtax exemption for intra-community transports is fulfilled.

6.3 All dispatches identified with the parcel label individually generated for the sender shall be attributed to thesender. The sender is obliged to inform GLS immediately incase of fraudulent use of his GLS-ONE-account. In case offraudulent use or other use in breach of the contract GLSshall be entitled to block the sender’s GLS-ONE-account.The sender shall be liable for all damages due to fraudulentuse of his GLS-ONE-account as far as he is responsible for it.

6.4 The consignor is responsible for inner and outer packaging in accordance with the strain of transportation andthe goods to be sent. In this context, the transport strainto be expected due to the transport operations describedin clause 4.1 must be taken into account. The goods mustbe packaged in such a way that they are protected againstloss and damage, and that no damage can be caused to anypersons, operating equipment or materials, nor to any otherparcels to be transported. Furthermore, the goods must bepackaged in such a way that access to the contents of theparcel is not possible without leaving clear traces on theouter packaging. For help in this respect refer to the GLSpackaging guidelines (see: www.glspaketshop.at ).

7. Liability

7.1 GLS Austria is liable under the applicable legal provisions in force in Austria governing commercial transportation of goods by road (section 439a of the Austrian Business Code [“UGB”]) for the total or partial loss or damage to the goods up to the amount of 8.33 special drawing rights of the International Monetary Fund per kg of gross weight, provided that such loss or damage occurs between acceptance of the parcel for transportation and delivery. The current value of special drawing rights can be found at www.oenb.at. GLS Austria does not assume liability for any consequential loss or consequential costs such as merely economic loss, reduction of profit, loss of profit or sales, expenses for substitute performance, or any stipulated penalties the consignor has to pay to any third party, unless such loss has been caused by GLS Austria intentionally or by gross negligence.

7.2 Liability for any loss incurred due to delays shall be according to the applicable legal provisions.

7.3 In case the consignor has not taken out transport insurance, in addition to the liability limit set forth in clause 7.1, 1st sentence, GLS Austria will reimburse the value of the goods sent, subject to the following limits

  • the purchase price (cost of production), or
  • the fair market value in case of used goods, or
  • the hammer price in case of goods sent on the occasion of an auction

with the lowest of the said amounts being applicable in the given case, however, the maximum amount reimbursed shall be € 550.00 per parcel unless damage has been caused by GLS Austria intentionally or by gross negligence. However, this waiver of the liability limit according to clause 7.1, 1st sentence shall not apply to any parcel subject to an exclusion of transportation under clauses5.1 to 5.2.

7.4 Any deductible agreed upon between theconsignor’s insurer and the consignor shall give rise to a corresponding waiver of the liability limit according to clause 7.1, 1st sentence on the part of GLS Austria only if expressly agreed upon in writing between the consignor and GLSAustria.

7.5 In case of damage the consignor shall keep thegoods complained about as being damaged in the originalpackaging as handed over to GLS Austria for transportation,and shall make sure that the parcel is kept ready for collection by GLS Austria. If the goods are not present in the packaging as dispatched any more, or if they cannot be madeavailable the liability of GLS Austria shall be limited to theamount stated in clause 7.1, 1st sentence.

8. Requirement of writing/ Severability / Jurisdiction

8.1 Any collateral agreements and divergent agreements shall be valid only when made in writing.

8.2 If any provision of these STC should be invalid or non-enforceable, this shall not affect the validity and enforceability of the remaining provisions.

8.3 Any disputes shall be settled exclusively by the courts of law in Linz a.d. Donau unless otherwise provided by imperative provisions of law

9. Alternative Dispute Resolution

9.1 Information on Online Dispute Resolution for consumers: The EU commission will set up an online platform for the online-resolution of disputes („ODR-platform“) in the first quarter of 2016. This platform shall serve as a contact point for extrajudicial resolutions of disputes concerning contractual obligations, arising from online sales or services agreements. The ODR-platform will be accessible under the following link: http:// ec.europa.eu/consumers/odr. Email address GLS: customer-service@gls-one.at.

9.2 GLS does not participate in extrajudicial dispute resolutions of consumer conciliation commitees.

Status as of: March 2019

This translation of the STC is made for convenience reasonsonly. For all disputes arising from or in conjunction withthe STC of GLS Austria, only the text of the correspondingGerman version of the STC of GLS Austria shall be legallybinding.

STC

Download

1. Scope of application

1.1 These Special Terms and Conditions (hereinafter referred to as “STC”) shall apply to any and all activities of GLSAustria, in particular the dispatch, handling, transhipment, storage, as well as all arrangements for the carriage of parcels andfreight items of express consignments within Austria and abroad, no matter whether performed by GLS Austria itself or bya third party acting on its behalf. In cases where any imperativeprovisions of law e.g. the Austrian Business Code (“UGB”) or theCMR (Convention on the Contract for the International Carriageof Goods by Road, Geneva, May 1956 and Protocol of 5th July1978, Geneva) or the Montreal Convention, each as amendedfrom time to time provide otherwise these provisions shall prevail over the STC. As far as there are no regulations in these STCthe provisions of the Business Code shall apply, as well as theGeneral Terms and Conditions of Austrian Forwarders (“AÖSp”)with the exception of Sections X and XI and §§ 7, 35, and 54.

1.2 The customer takes note of the fact that GLS Austriaworks exclusively on the basis of these STC. Any terms andconditions submitted by the customer (no matter whether byseparate document or printed onto any correspondence of thecustomer) shall not supersede the STC of GLS Austria.

1.3Any statements or warranties of a carrier or its employees oragents to the consignor, consignee or customer shall not bebinding on GLS Austria to the extent that they go beyond orcontradict these STC.

2. Scope of services

2.1 GLS Austria provides transportation services which are carried out by independent carriers. Thanks to standardised operations, transportation is as economical and fast as possible. The parcels and freight items of express consignments are transported as consolidated shipment, reloaded several times, and sorted and transported within the depots and reloading points with automatic conveyors. The parcels and freight items of express consignments are scanned routinely when received at the GLS System, when running through a reloading point, when received at the inbound depot, when taken over by the delivery driver, as well as upon delivery to the consignee. Date and time of scanning are recorded in this process.

2.1 GLS Austria provides transportation services which arecarried out by independent carriers. Thanks to standardisedoperations, transportation is as economical and fast as possible. The parcels and freight items of express consignments aretransported as consolidated shipment, reloaded several times,and sorted and transported within the depots and reloadingpoints with automatic conveyors. The parcels and freight itemsof express consignments are scanned routinely when receivedat the GLS System, when running through a reloading point,when received at the inbound depot, when taken over by thedelivery driver, as well as upon delivery to the consignee. Dateand time of scanning are recorded in this process.

2.2 GLS Austria is not obliged to conduct examinations norto take any measures for the conservation or improvement ofthe goods and their packing.

2.3 Collection or acceptance of parcels and freight itemsof express consignments is acknowledged on the documentsof receipt provided by GLS Austria. Any further acknowledgements of parcel numbers or weights, consignees, contents andvalue of parcels, or of any other criteria shall not be binding on GLS Austria.

2.3.1 If the customer transmits the parcel data to GLS Austriaby telecommunication the transmission of data shall not constitute prima facie evidence that the parcels listed in the electronic dispatch list have actually been handed in. GLS Austria isunder no obligation to reconcile any electronically transmittedparcel data with parcels actually handed in by the customer.Failure to provide information on any difference shall not bedeemed acknowledgement of the electronic dispatch list, andin particular shall not be deemed acknowledgement of receipt.

2.4 Delivery within Austria of parcels which arrive at theaccepting depot (dispatch depot) until 5.00 p.m. is generallymade within 24 hours (standard time of delivery) on workingdays except Saturdays free to the door of the consignee. Compliance with this standard time of delivery is neither warranted nor guaranteed. In case of express consignments the timeof delivery agreed upon shall apply.

2.4.1 Delivery of parcels to commercial consignees can beeffected to the doorkeeper, incoming mail department or incoming goods department. Delivery to post office boxes shall beexcluded.

2.4.2 Delivery of parcels with discharging effect is made against signature of the consignee or a person present at the point of delivery of the consignee unless the prevailing conditions give rise to reasonable doubt as to the entitlement of the person present to take delivery of the parcel. The customer agrees that after an unsuccessful attempt of delivery to the consignee parcels may be delivered with discharging effect to a neighbour of the consignee or to a GLS Parcel Shop close by (alternative delivery), unless the prevailing conditions give rise to reasonable doubt about alternative delivery being in the best interest of the customer or consignee.

2.4.3 If the consignee gives GLS Austria any different instructions concerning delivery, including but not be limited toinstructions for delivery to another place, at another date orgranting permission to deposit parcels, they shall supersedethe consignor’s instructions. Delivery of parcels with discharging effect can be made to such an alternative address, as wellas to a neighbour or to a GLS Parcel Shop in case of absence ofthe consignee.

2.4.4 Delivery shall be validly proven by the reproduction ofthe digitalised signature of the recipient who signed on thescanner display by means of a touch pen, or if applicable by theslip of the cartage note signed by the recipient.

2.4.5 In case the consignee granted permission to depositparcels, the parcel shall be deemed delivered properly whendeposited at the place defined in the permission.

2.5 In the event that performance of a service is made impossible by any obstacle beyond the control of GLS Austria (e.g.natural disaster, force majeure) GLS Austria shall be relieved ofthe obligation of performance as long as this obstacle continues to exist.

2.6 Weights determined by GLS Austria can be found in thedata memory by entering the parcel number.

3. Transportation exclusions

3.1 In view of the processes described in clause 2.1 the goods listed below shall be excluded from transportation by GLS Austria due to their value or nature:

  • parcels with a goods value in excess of € 3,500.00
  • express consignments with a total goods value of morethan € 3,500.00 per consignment
  • goods with a goods value under € 3,500.00 where loss ordamage of goods might entail high consequentialdamage (e.g. data carriers)
  • Parcels with a weight above 31.5 kg (standard deliverywithin Austria) resp. 40 kg (standard delivery withinEurope) resp. 50 kg (for worldwide transportation)freight items of express consignments with a weightabove 50 kg
  • parcels or freight items of express consignments witha combined dimension of circumference plus length ofthe longest side in excess of 3 m, a length of more than 2m, a height of more than 0.6 m or a width of more than0.8 m
  • insufficiently packaged goods or goods not adequatelypackaged to withstand the strain of transportation
  • bundled consignments• goods which require special treatment or particularlycareful treatment in any way (e.g. because they areparticularly fragile or can only be transported upright oronly lying on a certain side)
  • luggage, e.g. suitcases or travelling bags
  • perishable or temperature-sensitive goods, mortalremains, live animals
  • unique items (e.g. objects of art, antiques, autographs)
  • precious metals, gemstones, genuine jewellery, genuinepearls, cash, coins, medals• telephone cards and pre-paid cards (e.g. for mobilephones)
  • personal documents (e.g. passport, driving licence) anddocuments worth money (e.g. securities, bills ofexchange, passbooks, vouchers, entrance tickets, rail/bus/air tickets)
  • firearms and parts of arms within the meaning of section1 and subsequent sections of the Austrian Arms Act(“Waffengesetz”)
  • all kinds of waste, problematic or hazardous substances,and radioactive substances
  • dangerous goods
  • parcels and express consignments whose content, externaldesign, carriage or storage violates any applicable law orprohibition by the authorities. This shall also include anyparcel containing items that infringe against any laws orregulations for the protection of intellectual property,including but not limited to counterfeit merchandise orunlicensed copies of products (trademark counterfeitingand piracy)
  • goods or parcels the sending of which is prohibited underthe applicable sanction laws, in particular due to theircontents, the consignee or due to the country of origin ordestination. Sanction laws shall be deemed to include anyand all laws, rules, regulations, and sanction measures(trade restrictions) imposed on any countries, persons/groups of persons, or business entities, including thoseimposed by the United Nations, the European Union and EUmember states.
  • parcels and freight items of express consignments withmandatory marking/labelling requirements which arenot marked or labelled at all, or which are not marked orlabelled correctly or sufficiently

More information on embargos and sanctions

  • parcels and freight items of express consignments with mandatory marking/labelling requirements which are not marked or labelled at all, or which are not marked or labelled correctly or sufficiently

3.2 In addition, the following shall be excluded

3.2.1 from transportation abroad:

  • tobacco products and liquor
  • personal effects and goods imported or exported with ATA carnet
  • tires when the country of destination is Sweden

3.2.2 from transportation as express consignment

  • pharmaceutical products

3.2.3 from transportation as air cargo

  • Prohibited articles according to Regulation (EC) No. 300/2008 dated March 11, 2008 and its implementing rules as amended from time to time.

3.3 The customer is obliged to comply with these exclusions of transportation, and shall make adequate controls before handing in the parcels to GLS Austria. GLS Austria accepts only closed parcels which will be opened during transportationonly in exceptional situations where this is legally permitted.GLS Austria is not obliged to check any parcel and/or packingfor violations of the exclusions of transportation as listed.

3.4 In the event that a customer instructs GLS Austria to transport a parcel or freight item of an express consignment excluded from transportation under clauses 3.1 to 3.2 without GLS Austria having authorised transportation in writing before it was handed in transportation shall take place at the customer’s risk. In addition, in any such case the customer shall be liable for any loss, damage and costs incurred by GLS Austria or any third party as a result of this order in violation of the contract. This shall also include reimbursement of expenses for reasonable measures caused to be taken by GLS Austria to remove the breach of contract or to eliminate danger, such as seizure, intermediate storage, returning, disposal, or cleaning. Furthermore, GLS Austria shall be entitled at its sole discretion and without prior consultation with the customer to keep the parcel or the entire express consignment at the customer’s disposal for collection, to send it back to the customer, store it or hand it over for onward transportation to another service provider which does not have any such exclusion of transportation. Furthermore, where this is justified in view of the situation GLS Austria shall be entitled to destroy any such goods in order to eliminate risks after having notified the customer.

3.5 Any inscriptions or marks on a parcel or freight item of an express consignment pointing at goods as listed in clauses 3.1 to 3.2 shall not be deemed notification of GLS Austria. Consent by a carrier or its employees or agents or tacit acceptance of a parcel or freight item of an express consignment shall not constitute consent of GLS Austria to carriage of any goods subject to exclusion of transportation.

4. Customer’s obligations

4.1 The customer shall furnish accompanying documents foreach parcel or freight item of an express consignment usingthe forms approved by GLS Austria which must be filled in completely. The customer shall be liable for any errors in filling inthe forms. The customer shall make sure that only one undamaged parcel label approved by GLS Austria is attached to thelargest side of the parcel or freight item of an express consignment when handing it in. The label must be clearly visible andmust not be covered. A parcel number shall be used only once. Any old parcel labels, addresses, and any other markings mustbe removed.

4.2 If a customer fails to meet his/her obligations under clause 4.1 GLS Austria may unload, store, secure or return the parcel or freight item of an express consignment according to its proper discretion without being liable for damages to the customer in this respect, and may demand reimbursement of costs necessarily incurred for any such measures from the customer.

4.3 The customer is responsible for inner and outer packaging in accordance with the strain of transportation and the goods to be sent. In this context, the transport strain to be expected due to the transport operations described in clause 2.1 must be taken into account. The goods must be packaged in such a way that they are protected against loss and damage, and that no damage can be caused to any persons, operating equipment or materials, nor to any other parcels to be transported. Furthermore, the goods must be packaged in such a way that access to the contents of the parcel is not possible without leaving clear traces on the outer packaging. For help in this respect refer to the hints for packing in the “Shipping Guide for Regular Senders” downloadable from the internet (see: www.GLS-group.com).

4.4 Any cross-border transport order automatically includes instructing GLS Austria to take care of customs clearance where transportation would not be feasible without it. In these cases the customer is obliged to submit to GLS Austria any and all documents required for customs clearance without being specifically requested to do so. The costs of customs clearance shall be borne by the customer.

5. CashService

5.1 With its CashService, GLS Austria offers the opportunity to send parcels and express consignments cash on delivery. These parcels and consignments shall be prepared and registered by the customer in accordance with the guidelines of GLS Austria. If several parcels are handed in to GLS Austria for transport to the same consignee on the same day each parcel must be declared as a separate C.O.D. parcel.

5.2 The amount to be collected must be entered in the parcel consignment form provided for this purpose in such a way that it cannot be changed subsequently. This amount shall not exceed the value of the parcel and shall not exceed a maximum of € 2,500.00 per parcel. If several parcels are handed in to GLS Austria for transport to the same consignee on the same day the total amount to be collected shall not exceed € 3,500.00. In case of express consignments the amount to be collected shall not exceed € 3,500.00 per consignment. If the data is transmitted to GLS Austria by telecommunication the amount to be collected as transmitted in this way shall apply. If the amount to be collected is quoted in figures and in words the figures shall prevail in case of doubt. For export parcels sent to consignees outside the Euro zone the amount to be collected shall be quoted in the currency of the country of the consignee.

5.3 A surcharge according to agreement is levied for providing C.O.D. service. The amount collected will be transferred exclusively to the account specified by the customer.

5.4 In the course of CashService GLS will only collect the COD amount for the consignor and is not entitled to obligate the consignor or to enter into any agreements with the receiver of the CashService parcel on behalf of the consignor. The consignor shall comply with the obligations for combatting money laundering according to the applicable laws.

6. Express service

6.1 GLS Austria offers an express service within Austria in the form of consignment forwarding. A consignment means all freight items forwarded under one consignment number.

6.2 Express consignments cannot be sent to addresses of receivers in the customs exclaves nor to any addresses where delivery within the specified time is not possible due to the location/situation (e.g. post office box and army postal service addresses, camping sites, mountain refuges, etc.).

6.3 Express consignments will be delivered by 17:00 hours of the next working day (Monday to Friday) after the day of collection. Delivery at standard times and/or delivery on Saturdays may be agreed against payment of an additional service surcharge. Delivery shall be deemed to have been made in due time even when made up to 15 minutes after the time of delivery agreed upon

6.4 If delivery is made more than 15 minutes after the time of delivery agreed upon, GLS Austria shall reimburse the customer for the freight charge and/or the time service surcharge paid for the express consignment depending on the extent of the delay in delivery, minus turnover tax paid.

6.5 In case of express consignments GLS Austria shall not be liable for damages for delayed delivery if the delayed delivery is due to impediments outside the scope of risks of GLS Austria, including but not limited to non-compliance of the customer or consignor with his/her obligations or the exercise of a right of retention on the part of GLS Austria.

6.6 Contrary to the exclusion of transportation of documents according to clause 3.2, documents are accepted for transportation by express service.

6.7 Unlike parcels, express consignments will not be delivered to alternative receivers, and will not be left without personal delivery based on a general permission to leave parcels granted by the receiver.

6.8 In the event that an express consignment is affected by any impediment to carriage or delivery the customer shall be informed without delay in order to obtain his/her instructions. In this context any instruction to redirect an express consignment shall be given in writing. A second attempt of delivery will be made only after having been instructed to this effect by the customer or consignee. If the instruction cannot be obtained within a reasonable period of time GLS Austria may take the measures appearing appropriate and reasonable in the best interest of the customer. In particular the express consignment may be returned to the consignor. The customer shall reimburse the required expenses or pay a reasonable charge if the impediment is not to be attributed to the scope of risks of GLS Austria.

7. Forwarder’s fees, payment and reimbursement of expenses

7.1 The prices and surcharges as agreed upon between GLS Austria and the customer from time to time shall apply. They are based on the assumption that 1 cubic metre is equivalent to 166.67 kilograms.

7.2 The fee covers carriage only from collection at the customer to delivery. Any additional services beyond the scope of services described above, such as clarification of addresses, redirecting, carriage of goods not suitable for automatic sorting shall be invoiced separately to the customer according to the price list as revised from time to time. If a parcel has to be returned for reasons not to be attributed to GLS Austria GLS Austria will invoice the costs to the customer. In case of cancellation of orders GLS Austria may invoice a cancellation fee in consideration of expenses incurred.

7.3 The invoices of GLS Austria shall be due for payment immediately without any discount and free of expenses.

7.4 The customer shall check all invoices for correctness forthwith. Any objections against invoices shall be made within 60 days from receipt of the respective invoice.

7.5 The customer shall not offset any of its claims against claims of GLS Austria, unless any such claim of the customer has been legally established or acknowledged in writing by GLS Austria Any written or oral consent by a carrier, its employees or agents shall not constitute consent of GLS Austria as aforesaid.

7.6 In the event that any customs duties, taxes or other charges, forwarder’s fees, costs or expenses have to be paid or have been caused by a foreign consignee, the Austrian customer shall reimburse GLS Austria for any such expenses not paid by the foreign consignee upon first request.

7.7 The customer shall pay any additional freight, customs duties, taxes or other charges arising for returning an export parcel unless returning the parcel is to be attributed to GLS Austria.

7.8 If the customer instructs GLS Austria to take delivery of incoming parcels or handle the import formalities for a parcel arriving from abroad GLS Austria shall be entitled but not obliged to make all related payments of freight, COD amounts, customs duties, taxes and any other charges and expenses, and to charge all such costs incurred to the customer.

7.9 In the event that bankruptcy proceedings are initiated against the customer’s assets GLS Austria shall perform the services ordered by the customer exclusively against immediate payment. In case of a reduction of the volume of parcels by 30 per-cent compared to the average volume of parcels during the 12 months preceding initiation of bankruptcy proceedings GLS Austria will invoice the standard rates and prices.

8. Liability

8.1 GLS Austria is liable under the applicable legal provisions in force in Austria governing commercial transportation of goods by road (section 439a of the Austrian Business Code [“UGB”]) for the total or partial loss or damage to the goods up to the amount of 8.33 special drawing rights of the International Monetary Fund per kg of gross weight, provided that such loss or damage occurs between acceptance of the parcel or express consignment for transportation and its delivery. The current value of special drawing rights can be found at www.oenb.at. GLS Austria does not assume liability for any consequential loss or consequential costs such as merely economic loss, reduction of profit, loss of profit or sales, expenses for substitute performance, or any stipulated penalties the consignor has to pay to any third party, nor for any loss incurred due to a delay in air cargo dispatch or clearance, unless such loss has been caused by GLS Austria intentionally or by gross negligence.

8.2 Liability for any loss incurred due to delays in the delivery of parcels shall be according to the applicable legal provisions.

8.3 In case the customer has not taken out transport insurance, in addition to the liability limit set forth in clause 8.1, 1st sentence, GLS Austria will reimburse the value of the goods sent, subject to the following limits:

  • the purchase price (cost of production), or
  • the fair market value in case of used goods, or
  • the hammer price in case of goods sent on the occasion of an auction

with the lowest of the said amounts being applicable in each case, however, the maximum amount reimbursed shall be € 550.00 per parcel or express consignment unless damage has been caused by GLS Austria intentionally or by gross negligence. This extended liability shall apply exclusively to parcels and consignments which are not subject to exclusion from transportation under clauses 3.1 to 3.2. Any deductible agreed upon between the customer’s insurer and the customer shall give rise to a corresponding waiver of the liability limit according to clause 8.1, 1st sentence on the part of GLS Austria only if expressly agreed upon in writing between the customer and GLS Austria.

8.4 In case of damage the customer shall keep the goods complained about as being damaged in the same packaging as handed in to GLS Austria for transportation, and shall make sure that the parcel is kept ready for collection by GLS Austria. If the goods are not present in the packaging as dispatched any more, or if they cannot be made available the liability of GLS Austria shall be limited to the amount stated in clause 8.1, 1st sentence.

8.5 GLS does not assume liability for the integrity or completeness of any goods for the transportation of which an order has been placed for Pick&ShipService, Pick&ReturnService, ExchangeService or ShopReturnService.

8.6 By communicating a higher goods value in writing prior to handing in the goods for carriage an increased liability (AddOnLiabilityService) can be agreed upon between the customer and GLS Austria for which a freight surcharge will be invoiced. In this case, the amount specified by the customer, however not more than a maximum of € 3,500 per parcel, shall apply in lieu of the maximum amount mentioned in clause 8.3. In case of express consignments this increased liability is not available for individual freight items but only for the entire consignment up to a maximum amount of € 3,500.00 per consignment.

8.7 Increased liability cannot be assumed for any goods which are excluded from transportation according to clauses 3.1 to 3.2, as well as for the product GlobalBusinessParcel.

8.8 In the event of delivery of a C.O.D. parcel or a C.O.D. express consignment without collecting the C.O.D. amount GLS Austria shall be liable toward the customer for the value of the goods consigned which shall be limited to the C.O.D. amount, however shall not exceed a maximum amount of € 2,500.00 per parcel or € 3,500 per express consignment.

8.9 If the C.O.D. amount is higher than € 550.00 the customer may make use of the increased liability service described in clause 8.6, and declare this higher amount separately prior to dispatch; in this case the C.O.D. amount shall apply in lieu of the maximum amount mentioned in clause 8.3. If no declaration is made the liability of GLS Austria for damages in case of any damage to or loss of C.O.D. parcels or C.O.D. express consignments shall be limited according to clause 8.3.

8.10 In case of the product GlobalBusinessParcel the liability of GLS Austria shall be subject to the provisions of the Montreal Convention and shall be limited to 19 special drawing rights of the International Monetary Fund per kg of gross weight.

8.11 In the event that GLS Austria or GLS IT Services GmbH (“GLS IT”) have granted the customer a forwarding software licence for the duration of cooperation or even installed the said software GLS Austria and GLS IT shall be liable for any loss or damage only if caused intentionally or by gross negligence. This shall not apply in case of personal injury or violation of material obligations. In case of violation by negligence of any material obligation under the contract on the part of GLS Austria or GLS IT the liability of GLS Austria or GLS IT shall be limited to the loss foreseeable at the date of concluding the contract. GLS Austria and GLS IT do not assume liability for any loss of data by the customer nor for their recovery if such loss could have been avoided by taking reasonable data security measures.

9. Limitation periods

9.1 All claims against GLS Austria are subject to a limitation period of one year.

9.2 The limitation period of claims in case of transport damage shall commence at the end of the day on which a parcel or express consignment was delivered. If delivery has not been made the limitation period shall commence on the sixtieth day after acceptance of goods for parcels, on the thirtieth day after the lapse of the period of delivery agreed upon for express consignments, and in all other cases upon the lapse of a period of three months after the contract for carriage was concluded.

9.3 The limitation period for the product GlobalBusinessParcel shall be subject to the provisions of the Montreal Convention.

10. Requirement of writing, severability, jurisdiction

10.1 Any collateral agreements and divergent agreements shall be valid only when made in writing.

10.2 Should any of the provisions of these STC be invalid this shall not affect the validity of the remaining provisions.

10.3 Any disputes shall be settled exclusively by the courts of law in Linz a.d. Donau unless otherwise provided by imperative provisions of law.

Current as of January 2018

STC ParcelShop

Download

1. Scope of application

1.1 These Terms and Conditions shall apply to any and all activities of GLS Austria, in particular the dispatch, handling, transshipment, storage, as well as all arrangements for the carriage of parcels within Austria and abroad, no matter whether performed by GLS Austria itself or by a third party acting on its behalf. In cases where any imperative provisions of law e.g. the CMR (Convention on the Contract for the International Carriage of Goods by Road) provide otherwise these provisions shall prevail over the Special Terms and Conditions for ParcelShop Customers. Enterprises shall apply the General Terms and Conditions of Austrian Forwarders (“AÖSp”) with the exception of Sections X and XI.

1.2 The consignor takes note of the fact that GLS Austria works exclusively on the basis of these Terms and Conditions. Any terms and conditions submitted by the consignor (no matter whether by separate document or printed onto any correspondence of the consignor) shall not supersede the Terms and Conditions of GLS.

1.3 Any statements or warranties of a ParcelShop operator, carrier or its employees or agents to the consignor of a parcel shall not be binding on GLS Austria to the extent that they go beyond or contradict the following Terms and Conditions.

2. Scope of services

2.1 GLS Austria provides transportation services which are carried out by independent carriers. Thanks to standardised operations, transportation is as economical and fast as possible. The parcels are transported as consolidated shipment, reloaded several times, and sorted and transported within the depots and reloading points with automatic conveyors. The parcels are scanned routinely when received at the outbound depot, when running through a reloading point, when received at the inbound depot, when taken over by the delivery driver, as well as upon delivery to the consignee. Date and time of scanning are recorded in this process. No further interface documentation is provided. Cancellation of an already started parcel transportation is not possible.

2.2 GLS Austria is not obliged to conduct examinations nor to take any measures for the conservation or improvement of the goods and their packaging.

2.3 Collection or acceptance of parcels in the ParcelShop is acknowledged on the documents of receipt provided by GLS Austria. Any further acknowledgements of parcel numbers or weights, consignees, contents and value of parcels, or of any other criteria shall not be binding on GLS Austria.

2.4 Delivery within Austria of parcels which arrive at the accepting depot (dispatch depot) until 5.00 p.m. is generally made within 24 hours (standard time of delivery) on working days except Saturdays free to the door of the consignee. Compliance with this standard time of delivery is neither warranted nor guaranteed.

2.4.1 Delivery of parcels to commercial consignees can be effected to the doorkeeper, incoming mail department or incoming goods department. Delivery to post office boxes shall be excluded.

2.4.2 Delivery of parcels with discharging effect is made against signature of the consignee or a person present at the point of delivery of the consignee unless the prevailing conditions give rise to reasonable doubt as to the entitlement of the person present to take delivery of the parcel. The consignor agrees that after an unsuccessful attempt of delivery to the consignee parcels may be delivered with discharging effect to a neighbour of the consignee or to a GLS ParcelShop close by (alternative delivery), unless the prevailing conditions give rise to reasonable doubt about alternative delivery being in the best interest of the consignor or consignee.

2.4.3 Delivery shall be validly proven by the reproduction of the digitalised signature of the recipient who signed on the scanner display by means of a touch pen, or if applicable by the slip of the cartage note signed by the recipient.

2.4.4 In case the consignee granted permission to deposit parcels, the parcel shall be deemed delivered properly when deposited at the place defined in the permission.

2.5 In the event that performance of a service is made impossible by any obstacle beyond the control of GLS Austria (e.g. natural disaster, force majeure) GLS Austria shall be relieved of the obligation of performance as long as this obstacle continues to exist.

3. Transportation exclusions

3.1 In view of the processes described in clause 2.1 the goods listed below shall be excluded from transportation by GLS Austria due to their value or nature:

  • parcels with a goods value in excess of € 550.00
  • parcels with a goods value under € 550.00 where loss or damage of goods might entail high consequential damage (e.g. data carriers, spare parts with a loss of production risk, accounting or financial documents, storage media with sensitive data)
  • parcels with a weight above 31.5 kg
  • parcels with a combined dimension of circumference plus length of the longest side in excess of 3 m, a length of more than 2 m, a height of more than 0.6 m or a width of more than 0.8 m
  • insufficiently packaged goods or goods not adequately packaged to withstand the strain of transportation
  • bundled consignments
  • goods which require special treatment or particularly careful treatment in any way (because they are e.g. particularly fragile or can only be transported upright or only lying on a certain side)
  • luggage, e.g. suitcases or travelling bags
  • perishable or temperature sensitive goods, mortal remains, live animals
  • unique items (e.g. objects of art, antiques, autographs)
  • precious metals, gemstones, genuine jewellery, authentic pearls, cash, coins, medals
  • telephone cards and prepaid cards (e.g. for mobile phones)
  • personal documents (e.g. passport, driving licence) and documents worth money (e.g. securities, bills of exchange, passbooks, vouchers, entrance tickets, rail/bus/air tickets)
  • firearms and parts of arms within the meaning of section 1 and subsequent sections of the Austrian Arms Act(“Waffengesetz”)
  • all kinds of waste, problematic or hazardous substances, and radioactive substances
  • dangerous goods (also limited quantities)
  • parcels sent “carriage forward”
  • parcels with mandatory marking/labelling requirements which are not marked or labelled correctly or sufficiently
  • parcels whose content, external design, transportation or storage infringes against a statutory prohibition or prohibition imposed by the authorities. This shall include any parcels with a content infringing against any provisions for the protection of intellectual property, including but not limited to falsified or non-licenced copies of products (trademark piracy)
  • goods or parcels the shipment of which is prohibited under the applicable sanction laws in particular because of the contents or receiver, or due to the country of origin or destination. Sanction laws shall be deemed to include any and all laws, provisions and sanction measures (limits imposed on trade and the economy) against countries, persons, groups of persons or enterprises, including any measures imposed by the United Nations, the European Union and the EU member states.
  • parcels to any of the following destinations: Any destinations subject to customs duties, Andorra, Ceuta, Gibraltar, Melilla, Greece, Livigno, Vatican, San Marino, Büsingen am Hochrhein and all European Islands (except German and Croatian islands and Ireland)

3.2 In addition, the following shall be excluded from transportation abroad:

  • tobacco products and liquor
  • custom goods which require an ATA carnet document
  • tires when the country of destination is Sweden

3.3 The consignor is obliged to comply with these exclusions of transportation, and shall make adequate controls before handing over the parcels to GLS Austria. GLS Austria accepts only closed parcels which will be opened during transportation only in exceptional situations where this is legally permitted. GLS Austria is not obliged to check any parcel and/or packaging for violations of the exclusions of transportation as listed.

3.4 In the event that a consignor instructs GLS Austria to transport a parcel the transportation of which is excluded under clauses 3.1 to 3.2 without GLS Austria having authorised transportation in writing before the parcel is handed over, transportation shall take place at the consignor’s risk. In addition, in any such case the consignor shall be liable for any loss, damage and costs incurred by GLS Austria or any third party as a result of this order in violation of the contract. This shall also include reimbursement of expenses for reasonable measures caused to be taken by GLS Austria to remove the breach of contract or to eliminate danger, such as seizure, intermediate storage, returning to the consignor, disposal, or cleaning. Furthermore, GLS Austria shall be entitled at its sole discretion and without prior consultation with the consignor to keep the parcel at the consignor’s disposal for collection, to send it back to the consignor, store it or hand it over to another service provider for onward transportation which does not have any such exclusion of transportation. Furthermore, where this is justified in view of the situation GLS Austria shall be entitled to destroy such goods in order to eliminate risks after having notified the consignor.

3.5 Any inscriptions or marks on a parcel pointing at goods as listed in clauses 3.1 to 3.2 shall not be deemed notification of GLS Austria. Consent by a ParcelShop operator or carrier and/or their employees or agents or tacit acceptance of a parcel shall not constitute consent of GLS Austria to carriage of any goods subject to exclusion of transportation.

4. Consignor’s obligations

4.1 The consignor shall furnish accompanying documents for each parcel using the forms approved by GLS Austria which must be filled in completely. The consignor shall be liable for the consequences of any errors in filling in the forms.

The consignor is responsible for compliance with export, import and customs regulations in each country. If this compliance is not assured, the consignor is in charge for all resulting negative effects, costs and risks.

The consignor shall make sure that only one undamaged parcel label approved by GLS Austria is attached to the largest side of the parcel when handing it over. The label must be clearly visible and must not be covered. Any old parcel labels, addresses, and any other markings (e.g. for dangerous goods) must be removed.

4.2 If a consignor fails to meet his/her obligations under clause 4.1 GLS Austria may unload, store, secure or return the parcel according to its proper discretion without being liable for damages to the consignor, and may demand reimbursement of necessary costs incurred for such measures from the consignor.

4.3 The consignor is responsible for inner and outer packaging in accordance with the strain of transportation and the goods to be sent. In this context, the transport strain to be expected due to the transport operations described in clause 2.1 must be taken into account. The goods must be packaged in such a way that they are protected against loss and damage, and that no damage can be caused to any persons, operating equipment or materials, nor to any other parcels to be transported. Furthermore, the goods must be packaged in such a way that access to the contents of the parcel is not possible without leaving clear traces on the outer packaging. For help in this respect refer to the GLS packaging guidelines (see: www.glspaketshop.at )

5. Prices of transportation

5.1 The price and supplements according to the price list current at the date of the order shall apply. The price of transportation shall be paid prior to or upon handing over the parcel.

5.2 The consignor shall not set off any amounts owed against counterclaims. However, this prohibition to set off shall not apply to consumers in case of insolvency of GLS Austria, and shall not apply to any counterclaims which are legally related to claims of GLS Austria, which have been declared by a court or recognised by GLS Austria. Any written or oral consent of a ParcelShop operator or carrier and/or their employees or agents shall not be deemed recognition by GLS Austria.

6. Liability

6.1 GLS Austria is liable according to the provisions of the CMR governing commercial transportation of goods by road for the total or partial loss or damage to the goods up to the amount of 8.33 special drawing rights of the International Monetary Fund per kg of gross weight, provided that such loss or damage occurs between acceptance of the parcel for transportation and delivery. The current value of special drawing rights can be found at www.oenb.at. If the provisions of the CMR are not applicable, GLS Austria is liable under the applicable Austria law or for business transactions according to the General Terms and Conditions of Austrian Forwarders (“AÖSp”). GLS Austria does not assume liability for any consequential loss or consequential costs such as merely economic loss, reduction of profit, loss of profit or sales, expenses for substitute performance, or any stipulated penalties the consignor has to pay to any third party, unless such loss has been caused by GLS Austria intentionally or by gross negligence.

6.2 Liability for any loss incurred due to delays shall be according to the applicable provisions (e.g. ABGB) and for corporate transactions in accordance with the provisions of the CMR. The standard time of delivery in clause 2.4 does not change the transportation contract into a fixed dated transaction.

6.3 In case the consignor has not taken out transport insurance (insurance for damage or loss of transported goods), in addition to the liability limit set forth in clause 6.1, 1st sentence, GLS Austria will reimburse the value of the goods sent, subject to the following limits

  • the purchase price (cost of production), or
  • the fair market value in case of used goods, or
  • the hammer price in case of goods sent on the occasion of an auction

with the lowest of the said amounts being applicable in the given case, however, the maximum amount reimbursed shall be € 550.00 per parcel unless damage has been caused by GLS Austria intentionally or by gross negligence. However, this waiver of the liability limit according to clause 6.1, 1st sentence shall not apply to any parcel subject to an exclusion of transportation under clauses 3.1 to 3.2. Any deductible agreed upon between the consignor’s insurer and the consignor shall give rise to a corresponding waiver of the liability limit according to clause 6.1, 1st sentence on the part of GLS Austria only if expressly agreed upon in writing between the consignor and GLS Austria.

6.4 In case of damage the consignor shall keep the goods complained about as being damaged in the original packaging as handed over to GLS Austria for transportation, and shall make sure that the parcel is kept ready for collection by GLS Austria. If the goods are not present in the packaging as dispatched any more, or if they cannot be made available the liability of GLS Austria shall be limited to the amount stated in clause 6.1, 1st sentence.

7. Limitation periods

7.1 All claims against GLS Austria arising from business transactions or consumer transactions in the case of cross-border transports are subject to a limitation period of one year. Otherwise the generally applicable statutory limitation periods by law are applicable (e.g. ABGB).

7.2 In the event of transport damage, the limitation period of claims shall commence at the end of the day on which the parcel was delivered, or if delivery has not been made on the sixtieth day after the goods were accepted for transportation, in all other cases upon the lapse of a period of three months after the contract for carriage has been concluded.

8. Requirement of writing, severability, jurisdiction

8.1 Any collateral agreements and divergent agreements shall be valid only when made in writing.

8.2 Should any of the provisions of these Special Terms and Conditions for ParcelShop Customers be invalid this shall not affect the validity of the remaining provisions.

8.3 Any disputes shall be settled exclusively by the courts of law in Linz a.d. Donau unless otherwise provided by imperative provisions of law. In lawsuits against consumers, who have their place of residence or employment in the territory of Austria, is the competence court of this place responsible. In case of lawsuits from consumers against GLS Austria, than the place of jurisdiction by law should apply.

8.4 Dispute or complaints with GLS Austria, which has not been solved to the customer's satisfaction could be submitted to the regulatory authority (Rundfunk und Telekom Regulierungs-GmbH/Wien).

Current as of September 2019

BGB GLS-ONE

Download

1. Application

1.1 These Special Terms and Conditions (STC) shall apply to all activities of GLS in connection with GLS-ONE, in particular the dispatch, transshipment and transport of parcels within Austria and international, no matter whether performed by GLS Austria itself or by a third party acting on its behalf.. Additionally the guideline for occasional senders and the NC goods guideline shall apply (see: https://gls-group.eu/AT/en/customer-information).

1.2 In cases where any imperative provisions of law e.g. the Austrian Business Code (“UGB”) or the CMR (Convention on the Contract for the International Carriage of Goods by Road, Geneva, May 1956 and Protocol of 5th July 1978, Geneva) provide otherwise these provisions shall prevail over the Special Terms and Conditions for GLS One. As far as there are no regulations in these Terms and Conditions the provisions of the Business Code shall apply, as well as the General Terms and Conditions of Austrian Forwarders (“AÖSp”) with the exception of Sections X and XI) and §§ 7, 35, and 54.

2. Conclusion of Contract, fees

2.1 GLS-ONE gives the sender the opportunity to generate parcel labels on its own and consign the parcel at a GLS ParcelShop. It is possible to assign several parcels at the same time.

2.2 The current fees and surcharges at the time of the ordering (accessible on gls-one.at) shall apply. The fees and surcharges have to be paid during the order process. GLS accepts payments via PayPal as well as VISA and MasterCard credit cards. In case of credit card payment, the transaction description in the credit card billing will show the entry www.gls-one.eu.

2.3 The contract shall come into effect only after the payment transaction is completed.

2.4 After ordering the sender can print the receipt as well as the parcel label for the ordered parcel. Furthermore an automatic confirmation email will be sent to the sender’s email account that contains the essential provisions of the contract and the STC including the instruction on the right of revocation.

2.5 Upon request of the sender at the depot specified in the confirmation email, GLS issues an invoice.

3. Right of Revocation Notification

3.1 If you conclude the contract as a consumer, you have the following right of revocation.

3.2 Right of Revocation

You have the right to revoke this contract within 14 days without giving any reason. The revocation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of revocation, you must inform us (General Logistics Systems Austria GmbH Debitorenbuchhaltung, Traunuferstr. 105a, 4052 Ansfelden, Fax +43 5 9876 2000, E-Mail customer-service@gls-one.at) of your decision to revoke this contract by an unequivocal statement (e. g. a letter sent by post, fax or e-mail). You may use the revocation form available at https://www.gls-one.at/AT/en/GLS-ONE_revocation-form_AT.pdf but it is not obligatory. To meet the revocation deadline, it is sufficient for you to send your communication concerning your exercise of the right of revocation before the revocation period has expired.

3.3 Consequences of Revocation

If you revoke this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to revoke this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the revocation period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your revocation of this contract, in comparison with the full coverage of the contract.

4. Scope of service and Hindrances

4.1 GLS as a mass parcel provider carries out parceltransportations. A transportation as economical and fastas possible is achieved by standardised operations. The parcels are transported as consolidated shipment and sortedwithin the depots and reloading points with automaticconveyers. The parcels are scanned regularly when receivedat the outbound depot, when running through a reloadingpoint, when received at the inbound depot, at the transferto the delivery driver as well as upon delivery to the consignee. Date and time are registered. Further interface documentation is not carried out.

4.2 GLS is not committed to conduct examinations or toexecute measures for the conservation or improvement ofthe goods and its packing.

4.3 Instructions which have been issued by the senderafter handing over of a parcel need not be complied with.

4.4 The receipt of the parcels in the ParcelShop will beacknowledged by the handing over of document of receiptprovided by GLS.

4.5 The delivery of parcels which arrive until 5 p.m. atthe outbound depot is generally carried out on workingdays except Saturdays within Austria within 24 hours (estimated time of delivery) free to the door of the consignee.Compliance with the estimated time of delivery is neitherassured nor guaranteed.

4.5.1 GLS carries out at the maximum two delivery attempts.

4.5.2 Delivery of parcels to commercial consignees can beeffected to the doorkeeper, incoming mail department orincoming goods department. Delivery to post office boxesshall be excluded.

4.5.3 Delivery of parcels with discharging effect is madeagainst signature of the consignee or a person present atthe point of delivery of the consignee unless the prevailingconditions give rise to reasonable doubt as to the entitlement of the person present to take delivery of the parcel.The consignor agrees that after an unsuccessful attemptof delivery to the consignee parcels may be delivered withdischarging effect to a neighbour of the consignee or to aGLS ParcelShop close by (alternative delivery), unless theprevailing conditions give rise to reasonable doubt aboutalternative delivery being in the best interest of the consignor or consignee.

4.5.4 Delivery shall be validly proven by the reproductionof the digitalised signature of the recipient who signed onthe scanner display by means of a touch pen, or if applicableby the slip of the cartage note signed by the recipient.

4.5.5 In case the consignee granted permission to depositparcels, the parcel shall be deemed delivered properly whendeposited at the place defined in the permission.

4.6 In the event that performance of a service is madeimpossible by any obstacle beyond the control of GLS Austria (e.g. natural disaster, force majeure) GLS Austria shallbe relieved of the obligation of performance as long as thisobstacle continues to exist.

4.7 If parcels cannot be delivered in the manner setforth in clauses 4.5.1 to 4.5.5 to the consignee or to any otherperson in clause 4.5.3 or stored at a GLS ParcelShop and alsocannot be returned to the sender because he can still not bedetermined or he refuses to take back the parcel, GLS shallbe entitled to exploit the parcels after a 90-day period. Theperiod begins at the time undeliverability is ascertained.Parcels which cannot be exploited may be destroyed by GLS.

5. Transportation exclusions (Prohibited goods)

5.1 In view of the processes described in clause 4.1 the goods listed below shall be excluded from transportation by GLS Austria due to their value or nature:

  • parcels with a goods value in excess of € 550.00
  • parcels with a goods value under € 550.00 where loss or damage of goods might entail high consequential damage (e.g. data carriers)
  • parcels with a weight above 31.5 kg
  • parcels with a combined dimension of circumference plus length of the longest side in excess of 3 m, a length of more than 2 m, a height of more than 0.6 m or a width of more than 0.8 m
  • insufficiently packaged goods or goods not adequately packaged to withstand the strain of transportation
  • bundled consignments
  • goods which require special treatment or particularly careful treatment in any way (because they are e.g. particularly fragile or can only be transported upright or only lying on a certain side)
  • luggage, e.g. suitcases or travelling bags
  • perishable or temperature sensitive goods, mortal remains, live animals
  • Prescription drugs and drugs which must be transported separately from other goods (e. g. from tyres, hazardous goods), vaccines, insulin and narcotics,
  • unique items (e.g. objects of art, antiques, autographs)
  • precious metals, gemstones, genuine jewellery, authentic pearls, cash, coins, medals
  • telephone cards and prepaid cards (e.g.for mobile phones)
  • personal documents (e.g. passport, driving licence) and documents worth money (e.g. securities, bills of exchange, passbooks, vouchers, entrance tickets,rail/bus/air tickets)
  • firearms and parts of arms within the meaning of section 1 and subsequent sections of the Austrian Arms Act (“Waffengesetz”)
  • all kinds of waste, problematic or hazardous substances, and radioactive substances
  • dangerous goods
  • parcels sent“carriage forward”
  • parcels with mandatory marking/labelling requirements which are not marked or labelled correctly or sufficiently
  • parcels whose content, external design, transportation or storage infringes against a statutory prohibition or prohibition imposed by the authorities. This shall include any parcels with a content infringing against any provisions for the protection of intellectual property, including but not limited to falsified or non-licenced copies of products (trademark piracy)
  • goods or parcels the shipment of which is prohibited under the applicable sanction laws in particular because of the contents or receiver, or due to the country of origin or destination. Sanction laws shall be deemed to include any and all laws, provisions and sanction measures (limits imposed on trade and the economy) against countries, persons, groups of persons or enterprises, including any measures imposed by the United Nations, the European Union and the EU member states.
  • Parcels with one of the following destinations:
  • outside the EU: all countries (customs destinations), except Monaco,
  • within the EU: Andorra, Ceuta, Greece, Livigno, Malta, Melilla, San Marino, Cyprus,the city of Büsingen am Hochrhein (postcode D-78266), overseas territories and all European islands except German and Croatian islands and Ireland.

5.2 In addition, the following shall be excluded from transportation abroad

  • tobacco products and liquor
  • personal effects and goods imported or exported with ATA carnet
  • tires when the country of destination is Sweden

5.3 The consignor is obliged to comply with these exclusions of transportation, and shall make adequate controls before handing over the parcels to GLS Austria. GLSAustria accepts only closed parcels which will be openedduring transportation only in exceptional situations wherethis is legally permitted. GLS Austria is not obliged to checkany parcel and/or packaging for violations of the exclusionsof transportation as listed.

5.4 In the event that a consignor instructs GLS Austriato transport a parcel the transportation of which is excluded under clauses 5.1 to 5.2 without GLS Austria having authorised transportation in writing before the parcel is handed over, transportation shall take place at the consignor’srisk. In addition, in any such case the consignor shall be liable for any loss, damage and costs incurred by GLS Austriaor any third party as a result of this order in violation of thecontract. This shall also include reimbursement of expensesfor reasonable measures caused to be taken by GLS Austriato remove the breach of contract or to eliminate danger,such as seizure, intermediate storage, returning to the consignor, disposal, or cleaning. Furthermore, GLS Austria shallbe entitled at its sole discretion and without prior consultation with the consignor to keep the parcel at the consignor’sdisposal for collection, to send it back to the consignor, storeit or hand it over to another service provider for onwardtransportation which does not have any such exclusion oftransportation. Furthermore, where this is justified in viewof the situation GLS Austria shall be entitled to destroy suchgoods in order to eliminate risks after having notified theconsignor.

5.5 Any inscriptions or marks on a parcel pointing atgoods as listed in clauses 5.1 to 5.2 shall not be deemed notification of GLSAustria. Consent by aParcelShop operatorSpecial Terms and Conditionsor carrier and/or their employees or agents or tacit acceptance of a parcel shall not constitute consent of GLS Austriato carriage of any goods subject to exclusion of transportation.

5.4 In the event that a consignor instructs GLS Austria to transport a parcel the transportation of which is excluded under clauses 5.1 to 5.2 without GLS Austria having authorised transportation in writing before the parcel is handed over, transportation shall take place at the consignor’s risk. In addition, in any such case the consignor shall be liable for any loss, damage and costs incurred by GLS Austria or any third party as a result of this order in violation of the contract. This shall also include reimbursement of expenses for reasonable measures caused to be taken by GLS Austria to remove the breach of contract or to eliminate danger, such as seizure, intermediate storage, returning to the consignor, disposal, or cleaning. Furthermore, GLS Austria shall be entitled at its sole discretion and without prior consultation with the consignorto keep the parcel at the consignor’s disposal for collection,to send it back to the consignor, store it or hand it over to another service provider for onward transportation which does not have any such exclusion of transportation. Furthermore, where this is justified in view of the situation GLS Austria shall be entitled to destroy such goods in order to eliminate risks after having notified the consignor.

5.5 Any inscriptions or marks on a parcel pointing at goods as listed in clauses 5.1 to 5.2 shall not be deemed notification of GLS Austria. Consent by a ParcelShop operator Special Terms and Conditions or carrier and/or their employees or agents or tacit acceptance of a parcel shall not constitute consent of GLS Austria to carriage of any goods subject to exclusion of transportation.

6. Sender’s Obligations

6.1 The sender shall affix to the parcel the parcel labelindividually generated via GLS-ONE. The sender shall ensure that the hard- and software necessary for the completion of the ordering and the printing of the parcel label isavailable and fully functional. The sender shall be liable forthe consequences of any errors with respect to parcel labelprinting. The sender shall ensure, when handing over theparcel that only one undamaged parcel label is attachedto the largest side of the parcel and is easily visible. Usedparcel labels, addresses or miscellaneous old signs must beremoved. The sender shall be responsible that the data ofthe parcel actually handed over to GLS agree with the dataof the individually generated parcel label.

6.2 If the sender does not comply with his obligationsaccording to clause 6.1 GLS is at its discretion entitled to unload, to store, to secure or to return the parcel without theneed for indemnifying the sender and the sender is liablefor any expenses or costs due to this action. In case of transports to other EU countries the sender has the obligationto ensure that all necessary documentation needed for VATtax exemption for intra-community transports is fulfilled.

6.3 All dispatches identified with the parcel label individually generated for the sender shall be attributed to thesender. The sender is obliged to inform GLS immediately incase of fraudulent use of his GLS-ONE-account. In case offraudulent use or other use in breach of the contract GLSshall be entitled to block the sender’s GLS-ONE-account.The sender shall be liable for all damages due to fraudulentuse of his GLS-ONE-account as far as he is responsible for it.

6.4 The consignor is responsible for inner and outer packaging in accordance with the strain of transportation andthe goods to be sent. In this context, the transport strainto be expected due to the transport operations describedin clause 4.1 must be taken into account. The goods mustbe packaged in such a way that they are protected againstloss and damage, and that no damage can be caused to anypersons, operating equipment or materials, nor to any otherparcels to be transported. Furthermore, the goods must bepackaged in such a way that access to the contents of theparcel is not possible without leaving clear traces on theouter packaging. For help in this respect refer to the GLSpackaging guidelines (see: www.glspaketshop.at ).

7. Liability

7.1 GLS Austria is liable under the applicable legal provisions in force in Austria governing commercial transportation of goods by road (section 439a of the Austrian Business Code [“UGB”]) for the total or partial loss or damage to the goods up to the amount of 8.33 special drawing rights of the International Monetary Fund per kg of gross weight, provided that such loss or damage occurs between acceptance of the parcel for transportation and delivery. The current value of special drawing rights can be found at www.oenb.at. GLS Austria does not assume liability for any consequential loss or consequential costs such as merely economic loss, reduction of profit, loss of profit or sales, expenses for substitute performance, or any stipulated penalties the consignor has to pay to any third party, unless such loss has been caused by GLS Austria intentionally or by gross negligence.

7.2 Liability for any loss incurred due to delays shall be according to the applicable legal provisions.

7.3 In case the consignor has not taken out transport insurance, in addition to the liability limit set forth in clause 7.1, 1st sentence, GLS Austria will reimburse the value of the goods sent, subject to the following limits

  • the purchase price (cost of production), or
  • the fair market value in case of used goods, or
  • the hammer price in case of goods sent on the occasion of an auction

with the lowest of the said amounts being applicable in the given case, however, the maximum amount reimbursed shall be € 550.00 per parcel unless damage has been caused by GLS Austria intentionally or by gross negligence. However, this waiver of the liability limit according to clause 7.1, 1st sentence shall not apply to any parcel subject to an exclusion of transportation under clauses5.1 to 5.2.

7.4 Any deductible agreed upon between theconsignor’s insurer and the consignor shall give rise to a corresponding waiver of the liability limit according to clause 7.1, 1st sentence on the part of GLS Austria only if expressly agreed upon in writing between the consignor and GLSAustria.

7.5 In case of damage the consignor shall keep thegoods complained about as being damaged in the originalpackaging as handed over to GLS Austria for transportation,and shall make sure that the parcel is kept ready for collection by GLS Austria. If the goods are not present in the packaging as dispatched any more, or if they cannot be madeavailable the liability of GLS Austria shall be limited to theamount stated in clause 7.1, 1st sentence.

8. Requirement of writing/ Severability / Jurisdiction

8.1 Any collateral agreements and divergent agreements shall be valid only when made in writing.

8.2 If any provision of these STC should be invalid or non-enforceable, this shall not affect the validity and enforceability of the remaining provisions.

8.3 Any disputes shall be settled exclusively by the courts of law in Linz a.d. Donau unless otherwise provided by imperative provisions of law

9. Alternative Dispute Resolution

9.1 Information on Online Dispute Resolution for consumers: The EU commission will set up an online platform for the online-resolution of disputes („ODR-platform“) in the first quarter of 2016. This platform shall serve as a contact point for extrajudicial resolutions of disputes concerning contractual obligations, arising from online sales or services agreements. The ODR-platform will be accessible under the following link: http:// ec.europa.eu/consumers/odr. Email address GLS: customer-service@gls-one.at.

9.2 GLS does not participate in extrajudicial dispute resolutions of consumer conciliation commitees.

Status as of: March 2019

This translation of the STC is made for convenience reasonsonly. For all disputes arising from or in conjunction withthe STC of GLS Austria, only the text of the correspondingGerman version of the STC of GLS Austria shall be legallybinding.