General Conditions of Carriage
CONDITIONS FOR THE CARRIAGE OF DOCUMENTS AND SMALL PACKAGES BY GENIKI TAXYDROMIKI
In order to proceed with the carriage of small packages and documents through the shipping and handling system of GENIKI TAXYDROMIKI, the sender shall agree to the terms and clauses set out herein. No representative, agent or employee of GENIKI TAXYDROMIKI, hereinafter the Company, nor the sender shall have the right to amend or withdraw these terms and clauses, or part thereof. The carriage of small packages and documents through the shipping and handling system of GENIKI TAXYDROMIKI shall be governed by the terms and clauses set out herein. The sender shall declare that he/she is fully aware of these terms and accepts them unconditionally.
Article 1: The accompanying Express Waybill (SYDETA) is non-negotiable. It shall be completed by the sender or by GENIKI TAXYDROMIKI on his/her behalf. The sender shall declare and accept that he/she is the owner or holder or a representative of the owner or holder of the transported goods described in the form. The sender shall declare that he/she is aware of the conditions of carriage of GENIKI TAXYDROMIKI and accepts them.
Article 2: GENIKI TAXYDROMIKI shall have the right (complying with the restrictions imposed by the Hellenic Authority for Communication Security and Privacy – ADAE) to check the content of the parcel or envelope it accepts for carriage, but shall not be obliged to do so. Should the Company deem that an item is hazardous to public safety and health, it shall have the right to refuse to accept and handle the shipment further and to inform the competent authorities. GENIKI TAXYDROMIKI shall not undertake the carriage of the following items and documents: Money, Currency, Gold, Precious Metals and Stones, Antiquities, Works of Art, Lotteries, Stocks, Bonds, Perishable Foodstuffs, Personal Correspondence and any items in general whose movement is prohibited or restricted by the applicable law and by international conventions. In addition, GENIKI TAXYDROMIKI shall not accept for carriage any items that have not been properly packaged, as well as items for which the sender refuses to provide sufficient details about him/herself or the recipient information requested by GENIKI TAXYDROMIKI. At the time of receipt or at any time thereafter, GENIKI TAXYDROMIKI is entitled not to process the shipment, if there are indications that it contains prohibited items, if the recipient details are insufficient, or if the sender has not submitted a customs declaration when this is required by the applicable customs regulations.
Article 3: GENIKI TAXYDROMIKI makes every effort and takes all necessary actions to ensure fast delivery in accordance with its operating schedule. However, the Company shall in no event be liable for delayed collection, transport or delivery of any shipment or for any loss, impairment, direct or consequential damage or loss of profit, for irregular delivery or failure to deliver due to unforeseen causes or force majeure, including but not limited to: (a) unforeseen events beyond objective human control (accidents regardless of liability, adverse weather conditions, delay of transport, strikes, war or general or partial mobilisation, etc.); (b) act or omission or incorrect instructions of the sender or the recipient or a third party having an interest in the specific shipment; (c) the content of the shipment which can suffer specific damage, physical alteration or destruction. Moreover, GENIKI TAXYDROMIKI shall bear no liability whatsoever for any direct or consequential damage or loss of profit due to delayed delivery or non-delivery or damage or destruction of the postal item, where its type, nature and value have not been declared by the sender and have not been specified in the Express Waybill (SYDETA), or where the sender has not issued and has not delivered to the Company the tax and other supporting documents required by law, as well as in the cases set out in the Code of Conduct for the Provision of Postal Services, in Decision No 688/52 of the Hellenic Telecommunications and Post Commission (EETT) (Government Gazette, Series II, No 1412/10.6.2013), and in the legislation in general. The indicative delivery times are listed on the Company’s website www.taxydromiki.com and in its current price list. Any compensation for delays shall in no case exceed the amounts payable by GENIKI TAXYDROMIKI for loss or destruction of uninsured shipments as set out in detail in Article 8 hereof.
Article 4: The sender warrants that: (a) any statement concerning information provided by the sender for the carriage of the shipment, expressly including any declaration on its content, is true and accurate; (b) the required elements, details and address of the recipient have been correctly indicated on the shipment submitted for processing; (c) the shipment submitted for processing has been packaged in a way that ensures safe handling; (d) any personal data provided by the sender to GENIKI TAXYDROMIKI are accurate and have been obtained in a lawful, transparent and objective manner, and the data subject has consented to the processing of these data and to their disclosure by transmission to the Company; (e) the sender permits the processing of such data for the purposes of this contract, the execution of which includes also the sending of information messages (sms/e-mail) concerning the handling of the shipment; (f) in the case of express shipments outside the EU (to third countries), the sender gives explicit consent to GENIKI TAXYDROMIKI to transmit data to countries outside the EU only for the purposes of execution of this contract, and warrants that he/she has obtained the explicit consent of the data subjects for the express shipment; (g) he/she shall pay all additional costs that may be incurred in the processing, return or storage of items and any incidental costs required because of the nature of the item.
Article 5: GENIKI TAXYDROMIKI is entitled to withhold or not to deliver any item being transported as collateral until the cost arising from the carriage (cargo fares, waybills, etc.) is paid.
Article 6: GENIKI TAXYDROMIKI undertakes shipments charged to the recipient. In case the recipient refuses to pay the fee for any reason, the payment due to GENIKI TAXYDROMIKI shall be made by the sender.
Article 7: GENIKI TAXYDROMIKI processes purchase orders, cash on delivery shipments and consignments even without written order (by phone, by electronic means, etc.). In such cases, the originator shall have the rights and obligations of the person listed as “sender” on the Express Waybill (SYDETA).
Article 8: In case of damage or loss of carried shipments, the liability of GENIKI TAXYDROMIKI shall be limited to the amount of EUR 70 for documents and EUR 400 for parcels depending on the actual value of their content. “Actual value of the content of a shipment” shall mean for documents: the cost of their reissue, replacement, reproduction or rewriting, and for items: the cost (net value without VAT) of their repair, replacement or purchase, which shall be proven by payment documents to be submitted by the beneficiary, taking into consideration the state of the item at the time of delivery. The commercial usefulness of the item or any special worth or value the content of the shipment may have for the beneficiary of the compensation, shall not be taken into account when calculating actual value. The sender or the service user in each case (recipient, originator, etc.) shall accept unconditionally the above maximum amounts of compensation, which include also any compensation for non-material damages, whereas any consequential loss of profit shall not be compensated in accordance with Decision No 688/52 of the Hellenic Telecommunications and Post Commission (EETT) (Government Gazette, Series II, No 1412/10.6.2013). The sender declares that he/she waives any further claim against GENIKI TAXYDROMIKI for any direct or consequential damage or loss of profits due to any cause and in any case declares irrevocably that any debt arising from any cause shall be remitted. The above amounts shall apply per shipment and cannot be higher even if the potential risk has been brought to the attention of the Company in advance. GENIKI TAXYDROMIKI has no knowledge of the content of shipments and therefore, the sender shall acknowledge that, unless the shipment is insured, the value of its content shall be covered up to the maximum amounts indicated above, i.e. the liability for any excess in the value of the shipment shall be borne by him/her. In order for the aforementioned amounts to be paid to the beneficiary of the compensation, the liability of the Company must be proven and the beneficiary must follow the procedure set out in Article 13 hereof. The beneficiary of the compensation shall be the sender and in case he/she waives this right with a written notice to the Company, the recipient of the shipment. If the sender and the originator of the shipment are different persons, the beneficiary of any compensation to be approved shall be deemed to be initially the person listed as “sender” of the postal item in the Express Waybill and not the originator, and in case the sender waives his/her right in writing, then the recipient of the shipment. The maximum amounts of compensation shall also apply to shipments with a declared value in case they have not been insured according to the provisions below. In addition, depending on the value declared by the sender, each postal item transported in Greece may be insured optionally for loss, theft or destruction at the insurance company cooperating with GENIKI TAXYDROMIKI for an amount higher than the compensations specified above, at a charge of 0.6% of the value of the item payable by the user. In order to claim additional compensation for the content of the shipment that has been lost, stolen or destructed, the value of the content must have been declared, the shipment must have been insured for that value and the additional cost of the insurance premium must have been paid in due time. If the value of the shipment has not been declared and the corresponding additional cost of insurance has not been paid, no claim can be brought against the Company. It is expressly agreed that in case the user of the service (originator, sender or third party) insures the items carried by GENIKI TAXYDROMIKI at another insurance company of his/her choice, in addition to the one cooperating with the Company, the liability of GENIKI TAXYDROMIKI to any third party, including the chosen insurance company, shall in no case exceed the amount of EUR 70 for documents and EUR 400 for parcels. In case the postal item carried by GENIKI TAXYDROMIKI has been insured by the user of the Company’s services (originator, sender or third party) at an insurance company or under an insurance policy of his/her choice, the user shall declare and warrant before GENIKI TAXYDROMIKI that the insurance contract contains a clause stipulating that the insurance company is waiving its right of subrogation in respect of the Company (carrier) and that the user is liable before GENIKI TAXYDROMIKI for any damage that the latter may incur in case the aforementioned clause is not in the insurance policy of his/her choice.
Article 9: GENIKI TAXYDROMIKI assumes no liability for damages to any shipment and by any cause, unless all financial obligations to GENIKI TAXYDROMIKI, including any insurance premiums, have been paid in due time as provided for in the contract between the Company and the customer. GENIKI TAXYDROMIKI shall be entitled to set off any amount payable to the beneficiary of the compensation against any payments due by the beneficiary to the Company.
Article 10: The user of the service expressly declares that he/she is aware of and accepts the service charges specified in the Company’s price list that can be found on the Company’s website www.taxydromiki.com. The user also declares that he/she acknowledges and accepts that the charge for each shipment, as specified in the price list, depends on its volume and weight. If the measured volume of the shipment (LENGTH X WIDTH X HEIGHT in cm / 5,000) is greater than its measured weight, the user accepts that the shipment shall be charged based on volume, as stipulated also by the IATA regulations.
Article 11: Each shipment carried by GENIKI TAXYDROMIKI, which contains objects, must be accompanied by the legally required transportation documents.
Article 12: If a postal item could not be delivered to the recipient for any reason, the recipient shall be informed by written notice and a second or further attempts at delivery shall be scheduled in consultation with the recipient or the sender. If the delivery of the postal item to the recipient finally proves impossible for any reason, even in case of the recipient’s refusal to accept it, the sender shall be informed immediately and the shipment shall be returned to him/her with a charge corresponding to the cost of return, without prejudice of the Company’s right to claim any damages. Postal items that could not be delivered to the recipient or returned to the sender shall be considered ultimately undeliverable and shall be destroyed following the prescribed procedure.
Article 13: Any claim must be brought by the beneficiary and must be served in writing at the offices of GENIKI TAXYDROMIKI within six (6) months from the date the shipment has been undertaken by the Company. Any disputes may be resolved through amicable settlement or through the Dispute Resolution Commission (DRC) set up by GENIKI TAXYDROMIKI. Any dispute between the user and GENIKI TAXYDROMIKI shall be resolved by the courts of Athens. Any matters not provided for herein shall be governed by the provisions of the Charter of Obligations to the Consumer (COC), as published on the Company’s website www.taxydromiki.com. The user of the service declares that he/she is fully aware of and accepts the provisions of the Charter of Obligations to the Consumer (COC). For any information users can communicate with the Company’s offices that serve them or with the Company’s headquarters by phone at 2104851100 or in writing by fax at 2104812902, e-mail firstname.lastname@example.org, etc.
Article 14: If the sender makes use of the special system for issuing electronic express waybills, he/she shall declare that he/she is aware of and accept these terms. Where a special device connected to the electronic information system for processing and tracking shipments is used at delivery, the digital signature of the sender or recipient obtained on the special device shall be equivalent to a signature placed hereunder.
Article 15: The users of services provided by GENIKI TAXYDROMIKI SA, i.e. the sender and the recipient, declare that any personal data and the electronic signature submitted to GENIKI TAXYDROMIKI for the purposes of this contract are accurate and that they consent to their storage and processing by GENIKI TAXYDROMIKI in the aforementioned context.
Article 16: GENIKI TAXYDROMIKI has adopted a Personal Data Protection Policy and a Policy for Safeguarding the Confidentiality of Communications. The full text of these policies, this contract and the Charter of Obligations to the Consumer of GENIKI TAXYDROMIKI, which govern the each express shipment processed by the Company, in their currently applicable form and any amendments thereto, are published on the homepage of the Company’s website www.taxydromiki.com.