General Business Conditions

of GLS General Logistics Systems Hungary Kft.

(hereinafter “GLS”) applicable to its GLS Parcel Shop customers

These General Business Conditions are based on the Hungarian General Forwarding Conditions (MÁSZF), the CMR (Convention on the Contract for the International Carriage of Goods by Road, signed at Geneva in May 1956 and amended by the CMR Protocol signed at Geneva on 15 July 1978), the Montreal Protocol and Hungarian Act CLIX of 2012 on postal services (hereinafter: Postal Act), and Govt. Decree 335/2012 (XII.4.) on the provision of postal services and on the detailed rules of postal services relating to official documents, and on the general contractual terms of postal services and on consignments that are excluded from the postal service or that may only be carried subject to conditions.

With respect to the services falling under the effect of the Postal Services Act the supervisory authority is the National Media- and Communication Authority.

Contact details of the customer service office of the National Media and Infocommunications Authority:

1015 Budapest Ostrom u. 23-25;

address for correspondence: Bp 1525., Pf. 75;

Telephone: + 361 457-7100;

Fax: 356-5520;

e-mail: info@nmhh

The Service Provider’s name and details:

GLS General Systems Logistics Hungary Kft.

Seat: 2351 Alsónémedi GLS Európa u. 2.

Website:

https://gls-group.eu/HU/hu/home

https://www.csomag.hu/

(hereinafter: „Service Provider” or „GLS” or „GLS Hungary”)

1. Introduction

GLS only forwards carriage-paid parcels, that is, in all cases the Sender pays the fee for the service. Although GLS’s product partly comprises an intermediated service (based on subcontractor performance), the GLS technology ensures that parcels can be tracked and traced throughout the entire process.

2. Effect

2.1 These business conditions contain the terms and conditions relevant to consignments dispatched or received at the GLS ParcelShop as well as consignments received through the GLS ParcelLocker, which apply to the dispatch, handling, sorting and storing of parcels, as well as the provision of parcel forwarding services.

2.2 The services related to collection in person regulated in these General Business Conditions are only available within the territory of Hungary. Parcels may be dispatched at the GLS ParcelShop either to Hungary or to another Member State located within the territory of the European Union, a detailed list of which is available on the www.csomag.hu website.

In relation to the transport of export parcels, in the event it is no longer wished that the consignment should be delivered, then the sender may withdraw the order to convey or deliver the consignment to the addressee. In each case, GLS Hungary forwards such requests to the partner country in question, but cannot guarantee that they will be fulfilled.

The rules applicable to other international deliveries are set out in the GLS Standard General Business Conditions.

2.3 The provisions of these General Business Conditions shall be applied regardless of whether GLS Hungary provides the service itself or has it performed by a third party.

3. Scope and limitations of the service

3.1. GLS Hungary, as a postal service provider, provides services that are carried out by independent transport contractors and the contractual partners, as postal agents, that operate the GLS ParcelShops.

3.2. Depending on the service ordered by the sender, the GLS ParcelShop will pick-up, collect, store and deliver the consignments to the addressees. The GLS ParcelShop performs this activity acting in the name, on behalf and at the risk the Service Provider.

A list of GLS ParcelShops is available on the Service Provider’s https://gls-group.eu/HU/hu/csomagpont-kereses website.

3.3. GLS Hungary achieves economical and rapid delivery through the application of regulated processes: the parcels are transported as bulk consignments, and the sorting takes place at depots, and is conducted at transfer stations with the assistance of automated conveyor belts. The parcels are regularly scanned, that is, when they pass through any transfer station, when they arrive at the delivery depot, when the delivery drivers pick them up for forwarding to the addressee or a GLS ParcelShop, and when they are deposited in, or picked up from, the GLS ParcelLocker. The system records the date and precise time of each scan. No further documentation takes place at the connection points.

3.4. The parcels are picked up from the GLS ParcelShop by GLS Hungary’s subcontractors, and the acceptance of the parcels at the GLS ParcelShop parcel acceptance points, is confirmed on a confirmation of receipt issued by GLS Hungary. The consignments dispatched at the GLS ParcelShop will be forwarded by GLS Hungary by the advertised cut-off times. The advertised cut-off times are available on the https://www.csomag.hu/csomagpont-kereso website as well. GLS Hungary seeks to ensure that the parcels dispatched within this time limit are delivered in Hungary and Slovakia on the next working day, either door-to-door or to a GLS ParcelShop or a GLS ParcelLocker, although this is not a time-guaranteed service, only an informative statement. In the case of other export parcels, the specified delivery times are intended as an approximate guide only. The cut-off time for forwarding indicated at the GLS ParcelShop is indicative only.

3.4.1 GLS Hungary makes three attempts at delivering parcels to domestic addresses (including deliveries in Slovakia as well), unless an additional service ordered by the Sender provides otherwise. In the case of export parcels, delivery may also take place to the ParcelShop (=GLS ParcelShop), operated in the destination country, located nearest to the address of the addressee, or to a neighbour of the addressee, subject to the GLS regulations valid in the destination country, which are available to the Sender on the www.gls-group.eu website.

3.4.2 In the case of B2B recipients, delivery may also take place in the recipient organisation’s mail room or goods acceptance area.

3.4.3 Parcels may be issued (delivered) to the addressee or to other recipients designated in Article 9 (1) of Govt. Decree 335/2012 (XII.4.), with the proviso that the consignment may be delivered to the addressee's neighbour at the delivery address only with the addressee’s consent. In case of delivery to an organisation at the delivery address, the consignment may also be delivered to the person specified in Article 15 of Govt. Decree 335/2012 (XII.4.). If the parcel is delivered at a GLS ParcelShop, the person who wishes to take receipt of the consignment in possession of the parcel number shall be deemed to be the person entitled to take receipt of the consignment, with the proviso that the Service Provider is always entitled to request, and record the number of, the recipient's personal identification document. If the circumstances give rise to reasonable doubt as to the authorisation of the above-mentioned persons, the Service Provider shall be entitled to refuse to hand over / deliver the consignment.

3.4.4 The electronic receipt signed by the recipient, or which also contains the signature recorded in another signature-recording technical device, the Rollkarte counterfoil, or a digital copy of such document, shall serve as proof of delivery. The above does not apply to deliveries via GLS ParcelLockers, where the delivery is completed at the time indicated in sections 3.4.6 and 12.3.

3.4.5 In the case of door-to-door delivery, if all three delivery attempts fail, GLS transports the parcel back to the Sender’s address indicated on the parcel label. In the case of delivery to a GLS ParcelShop or a GLS ParcelLocker, if the addressee does not come for the parcel within 5 working days, the parcel is transported back to the Sender’s address indicated on the parcel label. If the Sender refuses to take back the parcel, or the Sender is inaccessible, then the consignment will be kept by the GLS ParcelShop for 1 (one) month following the time of return to the GLS ParcelShop, after that the Service Provider will provide for its storage for 1 (one) year following the date of dispatch, after which, if the Sender does not come for the parcel, the Service Provider will be entitled to destroy it. In the case of an individual agreement, the place of storage may change.

3.4.6 Delivery from a GLS ParcelLocker is only possible if, when ordering the product, the addressee expressly orders this delivery method, or selects this delivery option as part of the GLS FlexDeliveryService. When the parcel is placed in the GLS ParcelLocker, the addressee receives information, in an e-mail and/or text-message, on the address of the GLS ParcelLocker and the parcel number, and also receives the unique/one-time code necessary for collecting the parcel. Only in possession of both the parcel number and the code is the addressee able to open the door of the GLS ParcelLocker and collect the parcel. In the case of COD parcels, the COD amounts may be paid via a bank-card terminal. The parcel may only be collected after the COD amount has been paid.

3.4.7 GLS Hungary stores the parcel data measured by it, which can be accessed using the parcel number.

3.5 CashService, COD collection takes place on the basis of a properly made-out, written order of the Sender, only in the case of parcels sent to a domestic address. If the parcel is handed over / delivered at the GLS ParcelShop, the parcel will be delivered, i.e. handed over to the addressee by GLS ParcelShop following the collection, in cash or in some other way, of the amount specified by the Sender. After the COD amount has been paid, the COD parcel may be opened by the addressee. GLS transfers the collected COD amounts to the bank account indicated by the Sender on the order for collection of COD. The GLS ParcelShop only accepts COD orders that have been filled out appropriately with no omissions. GLS Hungary bears full liability for the COD amounts collected.

If the COD is not collected for whatever reason, then the addressee shall, in this case as well, be primarily obliged to pay the amount of the COD amount. The insurance cover terms set out in section 13 as well as the compensation coverage mentioned therein may not be applied to liability for non-collected COD amounts. If the COD is not collected due to a reason attributable to the Service Provider, GLS shall be liable up to the service fee for the COD collection, and shall also be obliged to cooperate in the subsequent COD collection process. When handling a parcel associated with a CashService (COD), GLS participates only in the collection of the COD amount in accordance with the Sender’s instructions; GLS is not entitled to make any statements on behalf of the Sender or to conclude a contract with the Addressee. The Sender is obliged to observe the provisions of the latest laws and regulations on the combating and prevention of money laundering and terrorist financing.

4. Enquiries, management of complaints

4.1 GLS Hungary maintains a Customer Service Office (“Customer Service” or “Buyer Service”) at its headquarters, which is open from 7am to 6pm on working days, and, based on the parcel reference numbers, provides information on deliveries (IOD) and sends proof of delivery (POD) upon request. Information related to the delivery status of parcels can be requested from the second working day following parcel dispatch, on the https://gls-group.eu/HU/hu/home website, using the Track&Trace function, based on the parcel reference number.

4.2 Any report in which the complainant states that the service provided by the Service Provider does not, either in part or in its entirety, comply with the statutory regulations or with the terms set out in these General Business Conditions shall be deemed a complaint.

4.3. A complaint related to the provision of the postal service can be made using one of the contact details below:

GLS General Systems Hungary Kft.

Customer Service

Telephone: (+36 29) 88 66 70

Fax: (+36 29) 88 66 10

E-mail: info@gls-hungary.com

The Customer Service is available on working days between 7.00-18.00 hours.

Customer service provided to the addressees

Telephone: +36 1 802 0265

Mobile: +36 20 890-0660

The customer service provided to addressees is available between 7.00-20.00 hours on working days.

4.4 In the case of complaints, the Customer Service Office receives the complaints, ensures that they are investigated and that the relevant corrective measures are taken, and informs the complainant accordingly. If the complaint affects, or may affect, the Service Provider's liability for damages, it is forwarded to GLS Hungary’s damage claims administrator for processing.

4.5 When reporting a complaint or a claim for damages, or otherwise communicating with the Service Provider, the complainant must avoid the use of obscene, vulgar or other language that is offensive to others. If the complainant does not refrain from the use of offensive language, the Service Provider is entitled to cease communication with the complainant.

4.6 Complaints can also be reported to the GLS ParcelShop (performing the dispatch or hand-over). Complaints related to invoicing and invoice-issuing can be reported to the issuer of the invoice.

Complaints and claims for compensation related to the provision of postal services reported to the GLS ParcelShop will be immediately forwarded by the GLS ParcelShop to the Service Provider.

4.7 A complaint may be reported – unless it contains a claim for compensation – within a maximum of 6 months from the day of dispatch if it concerns the consignment, or within 30 days if it concerns an activity that was found objectionable, but certainly not later than within 6 months following the time that the activity was conducted.

If the complaint also contains a claim for compensation, the complainant must report the claim within the deadlines applicable to claims for compensation.

4.8 In the case of domestic services and services delivered to Member States of the European Union the Customer Service Office addresses in writing all the complaints and observations within the shortest possible time, but certainly not later than within 30 days from receipt of the complaint. This deadline may be extended once by a further 30 days, provided that the complainant is notified at the time.

4.9 The Service Provider shall inform the complainant of the result of the complaint investigation in writing; in the case of domestic services, immediately, and in the case of international services, within fifteen days of receipt of the information from the foreign service provider. If the foreign service provider is late in sending the information, the Service Provider shall not be liable for any delayed response, provided that it has done all within its power to ensure that the data or information to be obtained is made available in due time.

4.10 If the Service Provider fails to answer the complaint within the deadline, or if the answer is not acceptable to the complainant, then the complainant may, within 30 days of receipt of the reply or, if there is no reply, following the expiry of the deadline for replying, contact the National Media and Infocommunications Authority requesting an investigation of the compliant or of the handling of the complaint.

5. Sender’s consent to the use of industrial-type parcel forwarding

The Sender accepts the scope of the service described in section 3 as being entirely satisfactory, and does not require any further measures to be taken, especially with regard to documentation of the connection points.

6. Consignments that are excluded from carriage or may only be carried subject to conditions, the Service Provider’s procedure for the collection, delivery and carriage of such consignments

6.1 Depending on the method of delivery of the consignment, any consignments containing goods for which the carriage of goods by road is prohibited by law are also excluded from the postal service provided by the Service Provider.

6.2 If the law stipulates specific conditions for the carriage of specific goods by road, the postal service relevant to postal consignments containing such goods may be provided only if these conditions are met.

6.3 With due regard to Article 3 (3) of Govt. Decree 335/2012 (XII.4.), in view of the nature of the processes described in point 4 (especially point 3), due to their value and/or composition GLS excludes the goods listed below from carriage, and therefore does not undertake delivery thereof.

6.3.1 Parcels that exceed a weight of 40 kg and a girth of 3 m (girth = 2 x width + 2x height + 1x length) are excluded from carriage. Parcels have a maximum permitted length of 2 m, a maximum permitted height of 0.6 m, and a maximum permitted width of 0.8 m.

6.3.2. The maximum dimensions of parcels that can be placed in the GLS ParcelLocker: length: 0.51 m, height:0.42 m, width: 0.39 m, and therefore parcels exceeding these dimensions cannot be placed in the GLS ParcelLocker. If the parcels intended to be delivered to GLS ParcelLockers exceed the dimensions of the compartments, the rules set out in section 6.3.8 are applicable.

6.3.3 The value of the parcel may not exceed HUF 499,999.

6.3.4 In addition, the Service Provider does not undertake the delivery of the following items either:

  • goods packed inadequately and/or not in the standard forms of packaging customary in trade,
  • consignments containing official documents, personal identification documents, vouchers
  • overweight or oversized consignments, large car body elements,
  • buckets, cans, document rollers
  • substances that are clearly harmful or dangerous to human life, health, bodily integrity, or the human environment,
  • parcels that are strapped together (exception: pair of tyres wrapped together),
  • parcels dispatched in wooden crates,
  • perishable, infectious or repugnant goods, foods are excluded from export dispatch
  • human remains, ashes
  • livestock and plants,
  • consignments in sacks, bags, or loosely packed consignments,
  • particularly valuable goods, such as cash, precious metals, documents of monetary value, vouchers, drawn lottery tickets and similar items, genuine pearls, precious stones, or jewellery with precious metal content,
  • works of art, objects of sentimental value, numismatic objects,
  • temperature-controlled goods,
  • munitions, firearms, explosives and similar items, including weapons that function with compressed air or carbon-dioxide, and replicas that could be mistaken for genuine weapons, including any components thereof,
  • narcotics and psychotropic substances,
  • dry ice,
  • radioactive materials,
  • flammable or fire-hazardous materials,
  • products labelled as harmless,
  • products labelled as biologically hazardous,
  • products with a label on them warning of an asbestos hazard,
  • parcels addressed to the addressee’s PO box or land-registry title number,
  • consignments with packaging that bears writing or images that are racist or obscene, or breach civil or personal rights,
  • commodities listed in the ADR Convention (Regarding the International Transport of Hazardous Goods on Public Roads) as hazardous goods that are excluded from carriage even in excepted or limited quantities.

6.3.5 In the case of parcels sent to a foreign destination, goods subject to excise and consumption tax, bottled beverages, and goods accompanied by ATA Carnets are also excluded from carriage.

6.3.6 It is forbidden to dispatch products and goods that are prohibited under the statutory provisions (including resolutions and measures brought by the United Nations Organization) of any member state of the European Union or of the originating, transit or destination country, or in respect of which any trade or economic restrictions or sanctions are in effect.

Information regarding the special provisions of individual countries may be obtained from the given country's embassy or trade mission in Hungary.

6.3.7 For the acceptance of goods that cannot be automatically sorted, a separate agreement is necessary.

6.3.8 Parcels ordered to be delivered to GLS ParcelLockers that exceed the dimensions of the compartments and do not fit into them will be returned by GLS Hungary to the GLS Depot performing the delivery, and the addressee will be informed accordingly using the text-message/e-mail contact details provided by him/her. The Service Provider also informs the addressee in a message (e-mail/SMS) of the deadline until which the consignment may be collected at the GLS Depot. If the addressee does not collect the consignment within this deadline, the Service Provider will return the consignment to the Sender.

6.4 The GLS ParcelShop only accepts sealed and undamaged packages upon dispatch. With due regard to the confidentiality obligations set out in sections 16.2 and 16.3, the Service Provider and the GLS ParcelShop are not entitled to open any closed package, and therefore – subject to the rules set out in section 16.3 – they accept and hand them over to the addressees in sealed form, without any check of their contents.

6.5 The sender shall be responsible for ensuring that the consignment and its contents comply with the statutory regulations and the provisions of these General Business Conditions. It is also the Sender’s responsibility to pack the consignment properly, the detailed rules of which are set out in section 8 of these General Business Conditions.

6.6 In the case of consignments that may only be carried subject to conditions, the Sender must contact GLS Hungary in advance in writing, using the info@gls-hungary.com e-mail address, to request GLS Hungary's express approval for the carriage of the product concerned. In the absence of this, GLS Hungary will exclude its liability for any loss, partial or total destruction or damage of the consignment. If a consignment that may only be carried subject to conditions that is dispatched by the Sender without GLS Hungary’s approval causes damage to another consignment, the injured party or, if GLS Hungary has already compensated the damage caused to the injured party, then GLS Hungary shall be entitled to claim damages from the Sender.

6.7 If the parcel contains a product that is excluded from carriage, and this is obvious when the consignment is picked up, then GLS Hungary or the GLS ParcelShop is obliged to refuse to provide or, if this comes to its knowledge at a later point, to continue to provide the service, and to notify the Sender accordingly. Due to the confidentiality obligation set out in sections 16.2 and 16.3, except for consignments falling within the group of products the exclusion of which can be clearly identified, GLS Hungary and the GLS ParcelShop does not examine the appropriateness of the contents of the consignment, such as whether the consignment or its contents are excluded from the postal delivery service or may only be carried subject to conditions. The additional costs incurred due to the returning of the parcels to the Sender or any other place, and due to any measures taken by authorities, shall be borne by the Sender.

7. Obligations of the Sender related to the addressing of the parcel

7.1. The Sender is obliged to attach to, or enclose with, every parcel the documents approved by GLS Hungary, and which have been appropriately filled out without any omissions. The Sender is liable for any errors resulting from an omission or an incorrect addressing (e.g. post office box).

7.2. The Sender must specify the following information on the GLS parcel label:

Addressee field:

  • name of addressee
  • postal code, town
  • street, house number, floor, door number
  • addressee’s (mobile) telephone number

Sender:

  • name of sender
  • postal code, town
  • street, house number, floor, door number
  • telephone number of sender (may be provided for the purpose of requesting assistance in the event of any obstacle to delivery)

8. Parcels, parcel labels, packaging, addressing, sealing

The careful and proficient packaging of goods ensures that the dispatched parcel is suitable for mechanical parcel handling, loading, and efficient public-road transportation, and thus that the goods may be delivered to the respective address without damage. GLS Hungary only assumes responsibility for consignments that have been packed and addressed in compliance with these General Terms of Contract.

Since parcels are handled within the GLS Hungary system based on industrial-type technology, parcels that are not suitable for handling by way of the industrial-type technology used in parcel forwarding may not be dispatched. The packaging must in all cases assure the protection and integrity of the quality of the contents, and that no person may access the contents without damaging the packaging. The following conditions must be met during packaging:

  • Only fully sealed parcels may be dispatched.
  • The appropriate packaging shall in every case refer to both the external and internal packaging together, with the external packaging consisting, strictly, of a 5-ply cardboard box or equivalent shape-retaining packaging material.
  • Documents (paper-based documentation) may also be dispatched in an envelope.
  • Parcels with long, sharp protrusions are not suitable for parcel shipment.
  • Boxes must be utilised optimally; assuring the appropriate size and quality of the packaging material, and filling out the entire package, should protect the goods from damage.
  • Goods placed in the parcel should be protected by using some padding material.
  • Irregularly-shaped goods that are difficult to package must also be protected within the air-cushioning/bubble-wrapping itself, using another type of packaging.
  • If the sender is a legal person, cardboard boxes should be sealed on all sides with adhesive tape that has the Sender’s company logo on it, if at all possible.
  • If several parcels are dispatched to the same address, the stickers indicating the use of any special services must be affixed to each of the parcels.
  • If the Cash-Service is ordered, the full amount to be collected must be indicated in a consistent manner on the GLS ParcelShop CashService order, as well as on the consignment itself, using a standard GLS Hungary sticker. (If more than one parcel is dispatched, the Cash-Service sticker must be attached to each parcel, indicating the amount to be collected, in accordance with the value of each parcel.) In the case of an incorrect or inadequately made-out order, GLS Hungary will attempt to clarify the data by contacting the customer.
  • Hazardous goods may not be dispatched, even if marked as such.
  • Sheets of particle board must be packaged in 5-ply cardboard with edge and corner protection.
  • As GLS Hungary does not undertake the handling of products that require temperature control, the packaging must be such as to ensure the integrity of the contents between -25°C and +65°C.
  • GLS only accepts bicycles packaged in boxes. As GLS moves the products on roller conveyors, care must be taken that no parts (e.g. bells, pedals) protrude from the packaging, in order to avoid damage. The girth (belt measure) of the box cannot be more than 300 cm, and no side of the box may be larger than the dimensions specified in section 6.

Breakable goods must be packaged in polystyrene or some other padding material; a shape-retaining cardboard box is the only acceptable form of external packaging.

A fragile marking shall not exempt the sender from the obligation to use packaging that is suitable given the nature of the goods and the general conditions of transport, and that guarantees the integrity of the contents. Parcels marked fragile will be handled with care and attention by GLS Hungary’s staff, but the displaying of such a marking shall not result in any liability for damage compensation other than that regulated in these General Terms of Contract.

In the case of fragile objects (glass, porcelain, bottles, medicine and injection ampoules, infusion bottles, etc.) no claims shall be accepted if the outer packaging is undamaged and, due to the deficiency of the inner packaging, the items inside the parcel are damaged and their contents have leaked, contaminating the other items.

In the case of fragile objects, damage compensation is not payable if the damage resulted from a deficiency of the inner packaging while the outer packaging is intact.

9. Alternative place of delivery – GLS ParcelShop

9.1. If the FlexDeliveryService is used, delivery to the GLS ParcelShop is also possible, based on the Addressee’s instructions. If no instructions are given, parcels will be handled in accordance with section 3.4. In the case of a ShopDeliveryService, delivery will be made to the GLS ParcelShop right from the start. In the GLS ParcelShop, parcels are handed over once the identity of the addressee or the person authorised by the addressee has been verified with a photo ID, the parcel number has been quoted, and the delivery document (ParcelShop Rollkarte) has been signed.

9.2. Parcels that have been handed over to the GLS ParcelShop operator after one failed delivery attempt, or the delivery address of which is the GLS ParcelShop, are stored and handed over to the Addressee by the operator of the GLS ParcelShop.

10. Alternative place of delivery – GLS ParcelLocker

10.1. If the FlexDeliveryService is used, delivery to the GLS ParcelLocker is also possible, based on the Addressee’s instructions. If no instructions are given, parcels will be handled in accordance with section 3.4. In the case of a ParcelLockerService, delivery will be made to the GLS ParcelLocker right from the start.

10.2. GLS Hungary considers the parcel to be delivered if the person authorised to accept it, or the person acting on his/her behalf, or the person who, by providing the parcel number and the unique/one-time ID code sent to the person authorised to take accept it, certifies his/her authorisation to accept it on the screen of the GLS ParcelLocker.

10.3. GLS Hungary is entitled to remove, at any time, any parcel that has been placed in the GLS ParcelLocker.

10.4. After the COD amounts paid via the POS terminal of a GLS ParcelLocker have been credited on its account, GLS Hungary transfers them on to the Sender.

11. Service fees, payment of costs

11.1 The fee payable upon dispatch to the GLS ParcelShop is determined in Annex 1 of these General Business Conditions. This Annex is also available at GLS ParcelShops.

11.2 The Sender may not enforce any further claims against GLS Hungary by charging on a fine or a penalty that the Sender is obliged to pay to a third party, especially if such third party is not in a position to enforce its claim directly against GLS Hungary.

11.3 The Sender shall pay the service fee upon dispatch of the consignment. Bank card payment is only possible at GLS ParcelShops for which this is expressly indicated on the Service Provider's website. The website is accessible from the following link: https://csomag.hu/csomagpont-kereso

12. Liability

12.1. GLS Hungary shall be liable for the destruction, partial or total loss or damage of the postal consignment during the period between the pick-up and the delivery of the consignment.

12.2. GLS Hungary is liable for damages caused by loss or damage to the parcel while it is under the supervision of GLS Hungary, in an amount of 8.33 International Monetary Fund SDRs (Special Drawing Rights) per kilogram of gross weight of the parcel. GLS Hungary is not liable for any consequential damage such as pure economic loss or lost profit.

12.3. If the parcel is delivered to the GLS ParcelLocker, the Service Provider’s liability shall extend until the time it has been certifiably collected from it. If the package is picked up at the GLS ParcelLocker, the Service Provider's liability begins at the time it has been certifiably placed in it. It shall qualify as a certified placement and a certified collection if the compartment door is locked, the appropriate status has been recorded in the GLS system, and the addressee/sender has received the e-mail/text-message notification.

12.4. Force majeure events are extraordinary, unpreventable events occurring through no fault of GLS, such as a natural disaster, extraordinary natural event or freak weather, war, revolution, blockade, export-import ban, industrial action outside its sphere of interest, fire, flood, epidemic, quarantine, transport embargo and all other circumstance not listed herein that GLS is incapable of preventing and foreseeing, and for which GLS cannot be held responsible. Any circumstance resulting in the restriction of transport for a period of more than 2 hours, or measures by authorities entailing the evacuation of GLS or ParcelShop buildings and facilities lasting for more than 1 hour, shall also constitute a force majeure.

12.5. GLS Hungary may, due to traffic limitations or meteorological conditions, either suspend the service in certain areas or depart from the generally applied delivery rules.

13. Liability for damages

13.1. General rules regarding responsibility

13.1.1 With respect to every single parcel, in the course of the damage claim procedure, observing section 51(7) of Act CLIX of 2012 on Postal Services, based on the authorisation set forth in section 44(2), in place of the provisions of sections 44(1) and (3)-(8), and sections 45-51, GLS Hungary stipulates application of the rules of the Civil Code relating to liability for damage caused by a breach of contract. GLS Hungary provides damage compensation for the sender or, in the cases specified in these General Terms of Contract, for the addressee in the event of damages attributable to it, i.e. damages resulting from negligent or unprofessional handling, including partial or total loss or destruction of the parcel.

13.1.2. The damage compensation only provides coverage for direct physical damage, acquisition, replacement or repair value, and excluding any consequential damages or lost profits. The Service Provider shall not be liable for compensation for injury to feelings or for damages from violation of privacy rights, furthermore, no sanctions may be enforced against it on grounds of violation of privacy rights, regardless of accountability. With respect to the definition of damage and the method of damage compensation, the rules of the Civil Code relating to extracontractual damages must be applied.

13.1.3 The rules relating to a failure to collect cash on delivery (CashService) are only applicable if the consignment has not been lost, destroyed or damaged.

13.1.4 GLS Hungary pays no compensation for damage that is covered by payouts made on the basis of other insurance policies taken out by the Client or the addressee.

13.1.5 The Client has the right to take out insurance, in its own name and at its own expense, on the consignments to be forwarded.

13.2. Deadlines for filing claims for compensation, persons authorised to file claims

13.2.1.Grounds for legitimate claims for compensation are established in the event that the claim for compensation is made in writing within 3 working days from delivery or returned delivery, and if the damage is demonstrably due to reasons attributable to the Service Provider. The damage inspection and presentation of evidence is conducted by GLS Hungary at a place determined by it, at its own expense.

Failure to meet the above deadline shall render the claim null and void.

13.2.2 In the case of loss or destruction of the consignment, the claim for compensation must be reported to the Service Provider in writing from the fifteenth day of the dispatch of the consignment within a 6-month limitation period.

13.2.3 If the fact that the consignment has been lost or destroyed comes to the knowledge of the Service Provider in the course of processing the complaint, and at the time of receipt of the Service Provider’s reply – confirming the fact of the loss or destruction – less than thirty days have remained from the above 6-month claim enforcement period, then the deadline shall be extended by thirty days from the receipt of the reply.

13.2.4 Claims for compensation may be enforced by the sender, subject to the exceptions set out in sections 13.2.5 and 13.2.6.

13.2.5 The addressee may assert a damage claim if the parcel has been delivered to him or another authorised recipient and the title of ownership of the parcel has thus passed to the addressee, or if the addressee proves that (i) the sender assigned such title to him; or (ii) the parcel was the property of the addressee. GLS Hungary is obliged to accept as a certificate the confirmation of a distance contract provided to it, as consumer, by the company based on the law, in which the full amount paid as consideration in relation to the sale of the product is also specified, and in this case no additional fee is stipulated to be paid by the addressee in relation to the parcel upon delivery.

The damage claim will be assessed, in accordance with the terms of the contract concluded between the sender and the foreign partner of GLS Hungary, within 30 days from its submission. The consignment can be regarded as his/her property only if he/she provides the addressee with the confirmation of a distance contract provided to it, as consumer, by the company based on the law, in which the full amount paid as consideration in relation to the sale of the product is also specified, and in this case no additional fee is stipulated to be paid by the addressee in relation to the postal consignment upon delivery.

13.2.6 A third party other than the sender and the addressee shall be entitled to claim compensation for damages only if the party entitled to compensation has assigned its claim to them in writing.

13.3. Extent of compensation

13.3.1 In the event of the Service Provider's liability, GLS Hungary shall, with due regard to the rules set out in section 13.1, pay compensation for damages in the value of the consignment, but not more than HUF 50,000 per parcel.

13.3.2 The value of the consignment and thereby of the amount of compensation to be paid shall be assessed as follows.

Extent of the damage (and thereby of the compensation to be paid)

  • the net procurement price, or
  • in the case of used goods, the daily value, or
  • in the case of goods sold at auction, up to the price achieved at auction, depending on which price is the lowest in the individual cases, The retention agreed between the Sender and the Sender’s insurance company only provides grounds for a corresponding waiver of rights by GLS Hungary if this has been expressly agreed in writing.
  • in the case of COD consignments, the extent of the damage shall equal the amount indicated in the COD,
  • but cannot be more than HUF 50,000.

13.3.3 The Sender is not entitled to assign or pledge the insurance receivable without the consent of GLS Hungary.

13.3.4 Damages are covered up to the costs of reparation at the most suitable location from the point of view of transportation cost-efficiency, and do not cover deterioration. Supplementation is reimbursed at purchase value.

13.3.5 In case of partial damages only the cost of supplementation or replacement can be reimbursed, damage coverage does not apply to “lost profit”.

13.3.6 Replacement is reimbursed at purchase value. GLS Hungary may assert a claim for the damaged asset items in connection with the compensation payments performed by it, if the replacement or acquisition cost of these was paid.

13.3.7 In the event of the damage or loss of used items the damage is compensated proportionately, in the ratio of the used value of the lost or damaged item to its new value.

13.4 Rules of claim settlement, method of damage compensation, certifying the damage

13.4.1 For the purpose of determining the means of damage compensation (partial or full replacement, or repair), GLS Hungary is entitled to decide whether the damaged item can be economically repaired or whether its replacement is warranted.

13.4.2 In the event of damage, a report must be made at the time of delivering the parcel or at the time of occurrence of the damage incident, provided that delivery takes place as part of the door-to-door delivery service. In the report the parcel number must be identified; and the documents certifying the contents of the parcel, and the claim form, must be submitted to GLS Hungary.

If, due to the nature of the delivery (delivery to GLS ParcelLocker), it is impossible to make a report, the person filing the claim must file the claim for damages in writing within the time limit specified in these General Business Conditions. The claim for compensation must be indicated by filling out the claim form on the Service Provider’s website (https://gls-group.eu/HU/hu/gls-reklamacio)

13.4.3 If the above documents are not available to the person filing the claim for damages at the time the report is filed, or if, in view of the nature of the damage, the claimant was unable to report the claim for damages relating to the parcel at the time of delivery, then the person filing the claim for damages must send these documents to the Service Provider immediately, but certainly no later than within the period determined in these General Business Conditions or indicated by the Service Provider.

13.4.4 In the case of damaged parcels, GLS Hungary or its representative must be provided with the opportunity to inspect the parcels, and for this purpose they must be maintained in their condition at the time of the damage incident.

13.4.5 If, due to a breach of the above obligations, it becomes impossible to identify the material circumstances necessary for determining the extent of the damage, GLS Hungary shall be exempted from its damage compensation obligation.

13.4.6 GLS Hungary is obliged to report its claim for damage inspection within 3 (three) working days of reporting the damage, provided that this is necessary for determining the damage. The damage inspection must be conducted after the consignment has arrived at GLS Hungary.

13.4.7 GLS Hungary reserves the right, if an inspection is required, to only pay compensation up to the value determined in the inspection.

13.4.8 The Service Provider shall be obliged to respond in writing to the claimant’s report or claim for compensation within thirty days. In its response, the Service Provider will inform the claimant of the additional conditions and procedure necessary to establish the grounds for the reported claim, or it will establish the grounds for the report or the claim for damages or, if it disputes the legal basis or the extent of the claim for damages, of the cause thereof and the provisions set out in sections 13.4.11 and 13.4.12.

13.4.9. If, despite the information provided by GLS Hungary, the person filing the claim for damages fails to provide the Service Provider, within not more than 30 days of the filing of the claim, with all the documents and evidence necessary to establish the legal basis for, or the extent of, the damage, then the Service Provider shall assess the damage claim on the basis of the documents and evidence that have been previously provided to it or that are otherwise available to it.

13.4.10 GLS Hungary shall arrange for payment of the damage claim within 8 (eight) calendar days following confirmation of the grounds for and the value of the damage claim. Payment of the damage compensation may only take place after GLS Hungary has assessed the legitimacy of the claim and the amount and has recognised it based on the damage inspection, and the Complainant has provided GLS Hungary with all the documents requested by it.

13.4.11 If the Complainant does not accept the amount of compensation determined by GLS Hungary, and he is classed as a consumer under the Consumer Protection Act, then he may contact the Arbitration Board with jurisdiction in the area in which he lives or temporarily resides. Contact details of the Arbitration Boards: www.bekeltetes.hu.

13.4.12 If the complainant does not accept the compensation procedure conducted by GLS Hungary, he may contact the National Media and Infocommunications Authority or, if he is classed as a consumer under the Consumer Protection Act, then the Arbitration Board with jurisdiction in the area in which he lives or temporarily resides. Contact details of the Arbitration Boards: www.bekeltetes.hu.

13.5 Exclusions, Service Provider's exemption from payment of compensation:

13.5.1 Consignments are excluded from damage compensation if their packaging does not conform to the requirements set out in these business conditions. Furthermore, the Service Provider shall not be liable if the damage is caused by an inner property of the consignment or by a deficiency of the packaging that cannot be noticed from the outside. The costs of packaging suitable for the transport conditions are borne by the sender in every case.

13.5.2 The leakage of liquids in the parcel must be prevented with a hermetically sealed cover. Compensation is not payable for damages caused inside the parcel due to leaking fluids.

13.5.3 If one or more elements or parts of a collection or set of objects are damaged during parcel transportation, the repair or replacement cost must be calculated proportionately with the ratio of the damaged items to the collection or set. When calculating the damage compensation, no special requirements relating to the uniformity of the collection or set, or the need for it to be maintained together, may be taken into consideration.

13.5.4 After the handover to GLS Hungary of the intact parcels, any losses due to deficient packaging, suspicion of pilfering and, if several packages are bundled in a single parcel, a decrease in the number of bundled items, shall not be the subject of a damage claim.

13.5.5 Claims are excluded in case of chipping, scratching, wearing, scraping etc. damage to enameled and varnished goods if the outer packaging is intact; and in the case of furniture and wooden parts the above types of damage and damage due to denting, damage to polished surfaces, and the ungluing of the glued parts or veneer are excluded.

13.5.6 In the case of an unwrapped suitcase, handbag or travelling bag (or not placed in a 5-ply cardboard box), no damage compensation is payable in the event of the soiling of the product or damage to the protruding parts (wheels, casters, handles).

13.5.7 Cases in which delivery was performed in the original, undamaged packaging, and the damage becomes known after delivery, are excluded from compensation.

13.5.8. Damage to new goods sent in their original manufacturer’s packaging are excluded from compensation if the packaging was undamaged and unopened upon delivery.

13.5.9 If the packaging of a properly packed parcel has not been damaged in the process of transportation and the vehicles or other tools taking part in the forwarding did not collide or topple or, and they were not shaken apart, no damage compensation is payable for the objects inside the packaging due to mechanical, electrical or electronic interference.

13.5.10 The corrosion, oxidisation or discolouration of the contents of sent parcels are excluded from damage compensation.

13.5.11 Any packaging deficiencies must be proved by the Service Provider. The Sender (or the person enforcing the claim for compensation) must prove that the damage was not due to an inner attribute of the postal consignment or to a packaging deficiency.

13.5.12 Service Provider shall not be liable for damages if the consignment or its content is excluded under this General Business Conditions or if it may only be carried subject to conditions, and the Sender failed fulfil the related requirements.

14. Limitation clause

14.1 After the passing of six months from the 15th day following dispatch, all claims outstanding against GLS Hungary on any legal grounds shall expire.

14.2 If, during the limitation period defined in these General Business Conditions, the claimant filed a claim for damages under the legal title of partial or total loss, damage or destruction of the consignment, and the Service Provider disputed such claim for damages or failed to pay the amount of the damages within 60 days of the confirmation of legitimacy of the claim for damages, then the claimant may enforce its claim for damages before a court within the one-year limitation period commencing on the date of dispatch of the consignment. The duration of the arbitration board proceeding initiated based on a consumer dispute may not be considered as part of the claim enforcement period.

14.3 Regarding the compensation paid by the sender for damages caused by the consignment to the Service Provider or to other – extracontractual – third parties the general rules of the Civil Code shall apply.

15. Written form

Any auxiliary and supplementary agreements, or any departures from the agreement, shall only be valid in written form.

16. Data protection, obligation of confidentiality

16.1 GLS Hungary and GLS ParcelShop shall handle, process and forward data that comes to its knowledge in relation to the performance of the parcel service or in the course of performance of such service in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter: GDPR), and of the Postal Act, in the manner of a data controller, by using postal agents (data processors).

16.2 GLS Hungary may only familiarise itself with the contents of the forwarded parcels to the extent necessary for performing the service.

During the provision of the postal service, the Service Provider

a) may not open any sealed postal consignments – except for the cases mentioned in paragraph 16.3;

b) may only examine any non-sealed postal consignments for the purpose of, and to the extent necessary for, ascertaining the data necessary for dispatch, collection, sorting, forwarding and delivery;

c) may not disclose to third parties any data obtained during the performance of the service – except for the Sender, the addressee (or other authorised recipients) and the organisations mentioned in paragraph 16.4;

d) may not hand over the consignment – for the purpose of examining its contents – to persons other than the Sender, the addressee (or other authorised recipient) and the organisations mentioned in paragraph 16.4;

e) may not provide any information about the performance of the service to persons other than the Sender, the addressee (or other authorised recipient) and the organisations mentioned in paragraph 16.4.

For the purposes of section 16.2 (d), the person who presents the document certifying the dispatch of the postal consignment shall be deemed to have the same rights as the Sender. For the purposes of Section 16.2 c) and e), persons possessing the same authorisation as the Sender are also defined as persons who provide to the postal service provider the unique identification data of the postal consignment (e.g. code, consignment ID), and, if necessary, the Sender’s and the addressee’s name and the address of the consignment by electronic means of communication (telecommunication equipment, internet).

16.3 The Service Provider may open a sealed postal consignment, if

a) the wrapping of the consignment is damaged to such extent that the opening of the parcel is justified by the need to protect its contents, and the contents of the consignment cannot be protected by repackaging without opening the parcel;

b) this is necessary for the elimination of a hazard caused by the contents of the consignment;

c) in the case specified in Article 42 (6) b) and c) of the Postal Act

(5) The postal consignment must be opened in compliance with Article 42 (8) of the Postal Act, with the proviso that, the fact that the parcel has been opened must be indicated on the consignment, and, if possible, the Sender must be notified accordingly, while also giving reasons.

16.4 The Service Provider and the GLS ParcelShops must ensure, through appropriate organisational and technical measures, the confidentiality of the consignments forwarded through the use of the parcel service. The Service Provider and the GLS ParcelShop are obliged – provided that the statutory conditions are met and there is a request to this effect – to hand over or present any postal consignment, textual message or communication to the organisations authorised by a separate statutory instrument to examine the contents thereof, and shall also make possible the monitoring and storing of these, as well as any other kind of intervention in respect of the consignment or textual message.

GLS Hungary’s detailed notice on Data Protection relating to its activity described in these General Business Conditions constitutes a part of the latest General Business Conditions relating to GLS Hungary’s GLS ParcelShops, and may be viewed on GLS Hungary’s website, at the following link:

https://gls-group.eu/EU/en/dataprotection/glshungary

17. Severability / court regional jurisdiction

17.1 If any of the provisions of these General Business Conditions is or becomes invalid, then this shall not affect the validity of the remaining provisions thereof. In place of the invalid provision, a provision must be put into effect that best approximates the business purpose of the original provision.

17.2 The court with jurisdiction is the court that has jurisdiction in the area where GLS Hungary’s headquarters are located.

Definition of terms used in the General Business Conditions

IOD – electronic or verbal information on parcel delivery

POD – written certificate proving the delivery of the parcel.

Rollkarte – the shipping document used by GLS and issued in respect of each parcel number, on which the recipient certifies the receipt of the parcel; the POD is an extract of the signed Rollkarte, in the form of a copy

Sender - a natural person or legal person who concludes a postal service contract with the Service Provider in their own name. The postal service contract shall be deemed concluded between the Service Provider and the Sender upon the consignment being picked up by the GLS ParcelShop.

Addressee: to whom the Sender sends the postal consignment.

Cited statutory regulations and their abbreviations:

  • Act V of 2013 on the Hungarian Civil Code (Civil Code)
  • act CLV of 1997 on Consumer Protection (Consumer Protection Act)
  • Act CLIX of 2012 on Postal Services (Postal Act)
  • Govt. Decree 335/2012 (XII.4.) on consignments that are excluded from the postal service or that may only be carried subject to conditions
  • REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter: GDPR)

These General Business Conditions are effective from 15 July 2019.

These General Business Conditions are published by GLS Hungary on the www.gls-hungary.com website (under General Business Conditions / Parcelshops).

These General Business Conditions are also posted in GLS ParcelShops.

By ordering the service, and thereby by signing the GLS ParcelShop Pick-up Receipt / GLS Pick-up Receipt, the Sender acknowledges the provisions of the General Business Conditions.

1. annex no.: Service fees

The latest effective fees applicable to dispatching parcels at GLS ParcelShops are available under the https://gls-group.eu/HU/hu/eseti-szallitasok/gls-csomagpont menu item.