General Conditions

    24.The USERS shall be obliged to:

·      obtain full information on the characteristics and parameters of the services offered by the OPERATOR;

·      obtain the respective service without deviation from the parameters, set forth in the General Conditions;

·      use the free packaging for suitable in kind consignments, offered by the OPERATOR

·      enjoy preferences on the basis of an individual contract in compliance with the criteria laid down in the General Conditions;

·      not pay the cost of a domestic courier service in case the Operator fails to observe the term of delivery;

·      insure the consignment on the basis of their invoiced value;

·      receive compensation in case of damages caused by the OPERATOR, in compliance with the General Conditions;

·      receive the consignment back in the case of the ADDRESSEE’S refusal to accept it, in compliance with the General Conditions;

·      submit requests, claims and recommendations and receive answers thereto within the period specified in p. 32 of the present General Conditions;

·      send grievances and notifications to the Communications Regulation Commission;

Section VIII. Rights and obligations of the OPERATOR

·      25. The OPERATOR shall have the right to:

·      require that the consignment be of a suitable type and appropriately packaged for transportation, so as not to endanger the integrity or the contents of other consignments, in accordance with Section VII of the General Conditions;

·      not accept consignments not complying with these requirements or containing substances or materials, prohibited for transport, as listed in the present General Conditions;

·      refuse to accept an international consignment if it is not accompanied by a customs declaration or other documents, required by the applicable customs legislation, or does not comply with the conditions for maximum weight and minimal and maximal dimensions, as laid down in the present General Conditions;

·      receive the fee, indicated in the current pricelist, or that agreed in a contract with the Customer on the performance of the respective service;

·      receive a compensation from USERS for damages, caused to the OPERATOR or to other consignments by their consignments, sent in violation of the General Conditions.

·      Not to keep any consignments that have not been received or asked for in a period exceeding 6 months.

·      26. The OPERATOR shall be obliged to:

·      provide to all USERS access to the services under equal conditions;

·      keep the correspondence confidential during and after the performance of the service;

·      provide the USERS with information concerning all characteristics of the service, including prices and General Conditions for its use;

·      observe the declared parameters of the services;

·      compensate the USERS for any damages suffered, in accordance with the present General Conditions;

·      consider and make decisions regarding claims, requests and recommendations, submitted by USERS, their justification and the actions undertaken;

·      inform the USERS in the shortest possible period of any restrictions in performing the service, imposed by the competent authorities in extraordinary circumstances;

·      post the present General Conditions and its pricelists in a prominent place in his offices and make them available on his internet page.

Section IX. Consignments, prohibited for shipment

·      27. In compliance with the requirements of Art. 90 of the Postal Services Act, the OPERATOR shall prohibit the placement of the following objects and substances in domestic and international postal consignments:

·      money, bonds and securities, credit and debit cards, traveller’s cheques;

·      objects that are valuable to the sender or the recipient;

·      live animals;

·      firearms;

·      works of art;

·      precious metals (platinum, gold, silver), antiques, jewels or other valuable objects’

·      narcotic, intoxicating, psychotropic, strong action, poisonous substances, etc.;

·      indecent or contradictory to the moral norms objects;

·      objects and substances which, due to their nature might endanger the life or health of the workers and employees of “INTERLOGISTICA COURIER” LTD or of other persons, or might contaminate or damage other consignments and equipment;

·      religious materials of prohibited or unregistered in Republic Bulgaria religious sects or organizations;

·      hazardous cargoes, harmful materials, incl. Flammable substances, chemical compounds, dangerous for human health and environment, radioactive elements, aerosols, fuels, etc.

Section X. Claims and compensations procedures

   The USERS are entitled to make claims in case of damaged, lost, stolen or destroyed consignments, as well as in case when the delivery time limits have not been observed or the OPERATOR has not performed his contractual obligations.

·      28. Only one interested party may place claim regarding the same shipment.

·      29. The USER is entitled to file a claim within 6 months as from the date of the consignment being accepted.

·      30. A claim shall be considered regularly filed only when all amounts, due per the waybill of the claimed shipment have been paid without delay or deduction.

·      31. In case of visible defects, ascertained at the moment of delivery of the shipment to the recipient, this must be established on the sp[ot, noted on the waybill and a protocol of findings drawn to this effect.

·      32. The OPERATOR shall examine the claim and notify the CLAIMANT in writing of the result, the period for such notification being 1 months for inland shipments and 3 months for international shipments.

·      33. In case of claims for inland shipments without statement of value, being found well grounded, the compensation amount shall be determined by the OPERATOR as follows:

·      For a damaged shipment (disturbed integrity of the parcel) – compensation up to the real value of the damage, however not exceeding BGN 30 (thirty);

·      For a damaged part of a shipment (disturbed integrity of part of the parcel) – compensation up to the real value of the damage, however not exceeding BGN 15 (fifteen);

·      For a lost or stolen shipment (the shipment not delivered to the USER) - compensation up to the real value of the damage, however not exceeding BGN 30 (thirty);

·      For a lost or stolen part of a shipment (part of the shipment not delivered to the USER) - compensation up to the real value of the damage, however not exceeding BGN 15 (fifteen);

·      For a plundered shipment (the contents of the shipment missing) - compensation up to the real value of the damage, however not exceeding BGN 30 (thirty);

·      For a plundered part of a shipment (part of the contents of the shipment missing) - compensation up to the real value of the damage, however not exceeding BGN 15 (fifteen);

·      For a destroyed shipment (the shipment is so damaged that may not be used for the intended purpose) - compensation up to the real value of the damage, however not exceeding BGN 30 (thirty);

·      For a destroyed part of a shipment (part of the shipment is so damaged that may not be used for the intended purpose) - compensation up to the real value of the damage, however not exceeding BGN 15 (fifteen).

·      34. In case of claims for inland shipments with statement of value, being found well grounded, the compensation amount shall be determined by the OPERATOR as follows:

·      For a damaged or plundered shipment - compensation to the amount of the real value of the damage, however not exceeding the stated value;

·      For a damaged or plundered part of a shipment - compensation to the amount of the real value of the damage to the specific part;

·      For a lost, stolen or destroyed shipment – compensation to the amount of the stated value;

·      For a lost, stolen or destroyed part of a shipment – compensation to the amount of the real value of the damage to the specific part.

·      35. For destroyed, lost or plundered international shipments the compensation is to the amount of the real value of the damage, however not exceeding BGN 150.00 (one hundred and fifty) per shipment. Additional insurance is offered with an insurance company for shipment with cost of transport and value of the contents exceeding BGN 150.00, against respective commission.

·      36. In case of well grounded claims for non-performance of other contractual obligations the compensation is to the amount of the prepaid cost of the service.

·      37. Claims for incorrect performance of the contract for delivery of messages, transmitted via electronic communication devices and delivery of such messages to the recipient as postal shipments shall be certified as unaccounted delivery per the delivery list to the USER. The compensation per claims for delay, loss, destruction or theft of a delivery per delivery list shall be determined by the OPERATOR and shall be to the amount of the real value of the damage, however not exceeding the double amount of the courier service.

·      38. The Users shall realize their right to claims and compensation by submitting grievances and claims to the OPERATOR.

·      39. The post operator obliges to inform the CLAIMANT in writing of the result per his regularly filed claim within 30 (thirty) days.

·      In case of a claim found to be well grounded, the OPERATOR shall state in his answer the amount of the compensation, manner and period for payment.

·      In case of a claim found not to be well grounded, the OPERATOR shall state in his answer the motivation for his decision.

·      40. In case of a claim found to be well grounded, a Protocol for compensation payment shall be issued in two counterparts – one for the OPERATOR and one for the CLAIMANT.

·      41. In case of a claim found to be well grounded and payment of compensation, the claimed shipment, submitted for inspection, shall be returned to the USER at OPERATOR’s expense.

·      42. In case of a claim found not to be well grounded, the claimed shipment, submitted for inspection to the OPERATOR, shall be returned to the USER at his own expense.

·      43. In case of non-observance of the period for payment of the “cash on delivery” service, the OPERATOR shall owe the USER a compensation, equal to 50 per cent of the courier service price, however not exceeding BGN 30 (thirty).

·      44. The compensations per claims that have been found well grounded shall be paid in the manner, stated in the letter of claim, within 30 (thirty) days from the date of the notification to the CLAIMANT.

·      45. The OPERATOR shall not be bound with the preliminary announced period for delivery of a consignment or notice, in case the SENDER has given an incomplete /incorrect/ address or telephone for contact with the recipient.

·      46. The OPERATOR shall be relieved from liability for non-collected amount from a recipient for a CAS delivery, in case the shipment may not be delivered or is rejected by the RECIPIENT and returned to the SENDER.

·      47. The OPERATOR shall be relieved from liability for damages that have not been ascertained by the RECIPIENT at the moment of receipt of the shipment in the presence of an OPERATOR’s employee.

·      48. The OPERATOR shall be relieved from liability for any delay or failure to complete his obligations, if such performance is prevented or delayed by reasons, caused by force majore circumstances and compelling natural phenomena, strikes, riots, war, which are established by the relevant competent authorities per the due procedures.

·      49. The OPERATOR shall not be liable for indirect damages and missed profits, suffered due to damage, loss, plunder, destruction or delay of delivery of consignments and messages.

    The OPERATOR shall not be liable for not received and not called for consignments for a period exceeding 6 months and shall not be obliged to keep such upon expiration of this period.

Section XI. Procedure for settling of disputes

   The disputes between the OPERATOR and the USER shall be settled on the basis of good partnership via negotiations and additional agreements. In case of failure to reach an agreement, either party may request the assistance of the Communications Regulation Commission and of other competent authorities, or may refer the dispute to the competent Bulgarian court.