GTC for Clients

General Terms and Conditions

of DAGO Express GmbH, Karl-Marx-Straße 193, D-15230 Frankfurt (Oder)

1. Definitions, Legal Basis

1.1. Entrepreneurs within the meaning of these Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who act in the exercise of their commercial or independent professional activity.

1.2. Consumers within the meaning of these Terms and Conditions are natural persons with whom a business relationship is entered into without such persons being attributed a commercial or independent professional activity.

1.3. Customers within the meaning of these business relationships are both consumers and entrepreneurs.

2. Scope of Application

2.1. These General Terms and Conditions (hereinafter referred to as GTC) define the rules for legal relationships arising from contracts between DAGO Express Kurierdienst GmbH (hereinafter referred to as "DAGO Express") and its clients (hereinafter referred to as "Customer"). They apply to the collection, transport, and delivery of shipments in accordance with our DAGO Express shipping cost calculator.

2.2. Unless otherwise stipulated by mandatory statutory provisions and/or individual agreements or these GTC, the General German Freight Forwarders’ Conditions (ADSp), in their currently valid version, as well as the provisions of §§ 459, 407 et seq. of the German Commercial Code (HGB) regarding freight contracts, shall additionally apply in this order to contracts for transport services including additional and ancillary services. The ADSp do not apply to transactions with consumers within the meaning of § 13 BGB.

2.3. The provisions of §§ 407 et seq. HGB (freight business) and, in the case of cross-border transport, the CMR (Convention on the Contract for the International Carriage of Goods by Road) shall also apply supplementarily insofar as nothing to the contrary is regulated in these GTC.

2.4. Deviating, conflicting, or supplementary general terms and conditions of the Customer shall not become part of the contract, even if known, unless their validity is expressly agreed in writing.

3. Scope of Services and Obstacles

3.1. In cooperation with affiliated system partners, DAGO Express undertakes the collection, transport, and delivery of shipments within the Federal Republic of Germany as well as within the member states of the European Union.

3.2. The shipment(s) shall be collected at the expressly agreed time or within the agreed time window at the address specified by the Customer. Only one collection and one delivery attempt are provided for, whereby the permissible dimensions and weights are specified in detail in the DAGO Express shipping cost calculator.

3.3. Unless otherwise agreed, the shipment shall be delivered to the address specified by the Customer. Delivery of the shipment is made "kerbside", i.e. up to the nearest public curb to the delivery address, unless otherwise agreed in individual cases.

3.4. Delivery shall be made to the recipient specified on the shipment and confirmed by their signature upon handover. The Customer agrees that the shipment may be delivered with discharging effect to a person present in the recipient’s household or business, to a neighbor of the recipient, or to a nearby DAGO Express location (alternative delivery), provided that there are no justified doubts that such alternative delivery corresponds to the interests of the Customer or recipient. A neighbor is a person who lives or works in the same or nearest building. The Customer has the option to exclude alternative delivery.

3.5. Delivery to business recipients may be made at the mailroom or goods receiving department. Delivery to P.O. box addresses is excluded.

3.6. DAGO Express is not obliged to exchange shipments on loading equipment (pallets, cages, etc.) with empty pallets, cages, etc. at the recipient.

3.7. If the shipment cannot be collected or delivered in the described manner, it shall be deemed undeliverable (for example, a single package weighs over 31.5 kg, the package is too bulky for one person, no loading/unloading equipment is available on site, or no liftgate vehicle has been ordered). The Customer will be notified by DAGO Express in text form or by telephone. The Customer may commission additional collection or delivery attempts, the costs for which are specified in the DAGO Express shipping cost calculator.

3.8. Shipments with incorrect address details shall also be deemed undeliverable if the correct address cannot be determined by DAGO Express with reasonable effort, as well as shipments for which acceptance is refused or which are not collected within the specified period from a system partner branch after notification.

3.9. Undeliverable shipments shall be returned by DAGO Express to the Customer. If the Customer refuses acceptance, DAGO Express is entitled to dispose of the shipment at the Customer’s expense at its reasonable discretion, including selling or destroying it in accordance with statutory provisions. If the Customer cannot be identified, DAGO Express is entitled to open the shipment to determine their identity. If the sender or Customer can be identified through opening, DAGO Express shall obtain instructions from the Customer or return the shipment to the sender at the Customer’s expense, except in the case of shipments with dangerous contents. Shipments with dangerous contents entitle DAGO Express to destroy or sell them at the Customer’s expense. If no sender or Customer can be identified, DAGO Express may also destroy or sell the contents in accordance with § 419 (3) HGB. Any claims for damages by the Customer remain unaffected.

3.10. DAGO Express is obliged to execute an accepted order without undue delay, i.e. within the time customary for the execution of a freight order. Unless otherwise agreed, DAGO Express is not obliged to deliver the freight at a specific time or within a specific period to the intended recipient. All time and transit time information is non-binding and may be exceeded due to unforeseen events, in particular but not limited to extreme weather or traffic conditions.

4. Contractual Relationship

4.1. A respective order for transport (application by the Customer for the conclusion of a transport contract) shall be placed via online booking, by e-mail with corresponding confirmation by DAGO Express (e-mail transport confirmation), or by handing over a shipment that complies with the conditions.

4.2. Insofar as DAGO Express grants the Customer the possibility to determine the place and time of delivery, the right to issue instructions and dispose of the shipment shall, deviating from § 418 (2) HGB, pass to the Customer upon handover of the shipment. If DAGO Express grants the addressee, within the framework of its own services, the possibility to determine the place and time of delivery, the respective right to issue instructions and dispose of the shipment shall, deviating from § 418 (2) HGB, pass to the recipient already before the first delivery attempt.

Otherwise, the provisions of § 418 (1) to (5) and § 419 HGB shall not apply. In the case of cross-border transport, the right of disposal of the sender pursuant to Art. 12 CMR remains unaffected.

4.3. If shipments do not comply with the conditions of section 4 of these GTC, the permissible dimensions and weights specified in the DAGO Express shipping cost calculator, or the applicable packaging and labeling regulations, transport by DAGO Express shall be refused. If such a shipment nevertheless enters the DAGO Express system, DAGO Express shall be entitled to stop further transport at any time or to subsequently charge the Customer an appropriate additional fee. If the Customer refuses to pay such an additional fee or if there is reasonable suspicion that the accepted shipment does not comply with the conditions of section 4 of these GTC, DAGO Express is entitled to return the shipment or hold it ready for collection by the Customer. Such return entitles DAGO Express to charge reasonable compensation amounting to at least one third of the agreed freight charge. The Customer is entitled to prove that the effort incurred by DAGO Express was significantly lower.

4.4. DAGO Express is entitled, even after accepting the shipment(s), to determine whether they comply with the conditions and to request information about the contents of the shipment(s). If such information is refused by the Customer or cannot be obtained in due time, DAGO Express is entitled to inspect the shipment, particularly if there is justified reason to suspect that it does not comply with the conditions.

4.5. A delivery order shall be deemed fulfilled upon handover to the recipient.

5. Exclusion from Transport / Exclusions of Liability

5.1. DAGO Express transports only shipments that comply with the DAGO Express shipping cost calculator and the applicable packaging and labeling regulations and whose value per courier trip does not exceed:

5.1.1. €5,000.00 per shipment for consumers within the meaning of § 13 BGB;

5.1.2. €50,000.00 per shipment for entrepreneurs.

5.2. The following are not accepted:

5.2.1. Shipments whose transport would violate official or legal prohibitions, as well as shipments whose storage or transport is subject to national or international dangerous goods regulations (unless explicitly agreed otherwise);

5.2.2. The transport of shipments subject to special conditions, in particular special export, import, or customs regulations of a transit or destination country (unless explicitly agreed otherwise);

5.2.3. Shipments with insufficient packaging, especially those not complying with packaging and labeling regulations, as well as shipments containing liquids unless they are packaged in a break-proof manner and protected against leakage;

5.2.4. All shipments of extraordinary or hardly estimable value such as gemstones, precious metals, industrial diamonds, works of art, watches, unique items, stamps, money, negotiable instruments, securities, credit and prepaid cards (e.g. phone cards), and other valid means of payment;

5.2.5. Shipments requiring special handling during transport (e.g. perishable or damage-prone goods that must be protected from heat or cold);

5.2.6. Shipments containing live animals as well as human or animal remains or parts thereof;

5.2.7. Any shipments which, due to their external characteristics or contents, may pose a risk to persons or cause damage to property or other shipments;

5.2.8. Shipments where the pickup or delivery address provided by the Customer is unsuitable or difficult to access, or where delivery requires special effort or safety measures. No island or mountain pickups/deliveries are carried out.

5.2.9. Shipments containing gasoline, oil, or lubricants that have not been properly drained; no residues may escape from the packaging.

6. Service Fee

6.1. The fee to be paid is determined by the DAGO Express shipping cost calculator.

6.2. Our offers are non-binding until final conclusion and are based on currently valid capacities, freight rates, tariffs, surcharges, fuel prices, and exchange rates. Changes entitle us to adjust prices accordingly.

6.3. In contracts with consumers, the freight (remuneration) includes the applicable statutory VAT; for contracts with entrepreneurs, the freight is charged net plus separately stated statutory VAT.

6.4. Payment is made in advance via PayPal or instant bank transfer. In the case of instant transfer, payment is deemed received upon crediting our account. Purchase on account is only possible by prior agreement. Whether transport can be paid on account is decided by DAGO Express before order acceptance. Unless otherwise agreed, invoices are due within 14 days of receipt without deduction.

6.5. In the event of incomplete payment by the Customer, DAGO Express reserves the right to refuse the service associated with the product or service.

7. Liability

7.1. Unless otherwise expressly agreed and regulated in these GTC or between DAGO Express and the Customer, DAGO Express shall be liable for transport within the Federal Republic of Germany only in accordance with the latest version of the ADSp or §§ 407 et seq. HGB, in particular §§ 425 et seq. HGB; in the case of cross-border transport, liability shall mandatorily be governed by Art. 17 et seq. CMR.

7.2. In the event of damage or loss of a shipment, DAGO Express shall be liable to the Customer only to the extent of the direct, contract-typical damage up to the statutory liability limits.

7.3. If the Customer has handed over a shipment that does not comply with the conditions for transport without explicitly indicating this in writing, and damage occurs to the shipment which, according to the circumstances of the case, results from the lack of suitability of the shipment, it shall be presumed in favor of the carrier that the damage resulted from this risk. The special grounds for limitation or exclusion of liability pursuant to §§ 425 (2), 426 and 427 HGB or, in the case of cross-border transport, pursuant to Art. 17 CMR remain unaffected.

7.4. Claims arising from the contract may be asserted by the Customer as a contractual partner of DAGO Express upon presentation of a proof of delivery.

7.5. The Customer shall be liable to DAGO Express directly or due to claims by third parties for damages resulting from shipments that do not comply with the conditions.

7.6. Shipments are insured up to 8.33 SDR/kg for cross-border courier transport. Upon written request by the Customer, liability for domestic transport can be increased to up to 40 SDR/kg (liability corridor pursuant to HGB).

7.7. Liability for exceeding delivery deadlines in such transport is limited to three times the freight (§ 431 (3) HGB) for national transport and to the amount of the freight (Art. 23 (5) CMR) for cross-border transport. Damages resulting from delays caused by force majeure or circumstances beyond control are excluded. Any further claims for damages, including consequential damages, are excluded.

8. Complaints / Damage Notification

8.1. Externally visible losses or damages must be recorded in writing upon acceptance/hand-over of the goods and reported to DAGO Express.

8.2. Non-visible damages and/or (partial) losses must be reported no later than seven days or immediately after becoming aware of them or upon complaint by the recipient (CMR Article 30).

8.3. Claims due to exceeding delivery deadlines expire if they are not reported to DAGO Express by the recipient within 21 calendar days after delivery.

8.4. Compensation by the carrier for culpably caused, non-minor delivery delays without notifying DAGO Express shall be regarded as gross negligence.

8.5. A total loss shall be assumed if a shipment cannot be delivered within 20 calendar days after acceptance for national shipments or within 30 calendar days for international shipments. Written proof of delivery with the recipient’s signature releases DAGO Express from liability for any total loss.

9. Limitation Period

9.1. All claims of the Customer within the scope of these GTC shall become time-barred one year after delivery. In cases of intent or fault equivalent to intent, the limitation period shall be three years. The limitation period begins at the end of the day on which the goods were delivered or should have been delivered.

10. Right of Withdrawal for Consumers within the Meaning of § 13 BGB

10.1. Right of withdrawal: You have the right to withdraw from this contract within 14 calendar days without giving any reason. To exercise your right of withdrawal, you must inform DAGO Express of your decision to withdraw from this contract by means of a clear statement sent by e-mail. You may use the attached model withdrawal form (see: Annex 1 Model Withdrawal Form – for consumers within the meaning of § 13 BGB). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

10.2. Consequences of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of additional 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 fourteen days from the day on which we are informed about your decision to withdraw from 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.

10.3. If you have requested that the services begin during the withdrawal period, you shall pay us an appropriate amount corresponding to the proportion of the services already provided up to the time you informed us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.

11. Address and Sender Information on Shipments

11.1. For each shipment handed over to DAGO Express for transport, the Customer must provide complete address and sender details. This address must be clear and correct so that the shipment can be transported and delivered without further inquiries. There must be no additions that may cause misunderstandings or delay, complicate, or make processing impossible. The label must be placed on the largest available surface of the shipment (label side), and its readability must not be impaired by additional notes unrelated to the address. Used packaging is only permitted if all misleading information such as old address data has been removed beforehand.

11.2. The address must be structured from top to bottom as follows:

11.2.1. the name of the recipient (if applicable, including company name);

11.2.2. delivery details (street and house number; if applicable, including floor number and apartment number; for companies, department designation);

11.2.3. destination location preceded by the postal code;

11.2.4. in the case of cross-border transport, the destination country.

12. Packaging Conditions

12.1. The Customer is responsible for packaging the shipped goods appropriately for the expected transport stresses using suitable internal and external packaging adapted to the goods being shipped. The goods must be packaged in such a way that they are protected against loss and damage and do not cause damage to persons or other shipments during transport. The packaging must ensure that access to the contents is not possible without leaving visible traces on the outer packaging. The DAGO Express packaging guideline (see: Annex 2 Packaging Guideline) serves as guidance on this matter.

13. Prohibition of Set-Off

Offsetting any potential damage against the service fee is excluded.

14. Demurrage

The assertion of demurrage is excluded for waiting or idle time at the Customer or recipient, etc., up to 1 hour. Saturdays, Sundays, and public holidays are not taken into account, i.e. they are always free of demurrage charges. After the agreed 1-hour demurrage-free period, a maximum of €30.00 may be charged for each commenced hour per order as demurrage, provided that the Customer is actually at fault, whereby the burden of proof lies with the carrier. However, demurrage is limited to a maximum duration of 2 calendar days.

15. Cancellation

Cancellation of the order by the Customer entitles DAGO Express, in the normal case, depending on the progress of the transport, to charge cancellation fees amounting to 1/3 – 2/3 of the agreed freight charge. If DAGO Express demonstrably incurs higher damages due to cancellation or termination, DAGO Express is entitled to claim these from the Customer. Further claims for damages remain unaffected.

16. Miscellaneous Provisions

16.1. Oral statements by the Customer that deviate from these General Terms and Conditions shall only be binding if confirmed in writing.

16.2. DAGO Express is entitled to collect, store, and process the data transmitted by the Customer in connection with the transport order or required for this purpose. The Customer expressly agrees to this data collection.

16.3. Transport contracts are subject to the law of the Federal Republic of Germany. For consumers who do not conclude the transport contract for professional or commercial purposes, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

16.4. The exclusive place of jurisdiction for legal disputes with merchants, legal entities under public law, or special funds under public law arising from contracts subject to these GTC is Frankfurt (Oder). If the local courts (Amtsgerichte) have jurisdiction, the Local Court of Frankfurt (Oder) shall have jurisdiction.

16.5. Should any provision of these GTC or other agreements be or become invalid, the validity of the contract shall not be affected. The contracting parties are obliged to replace the invalid provision with one that comes as close as possible to the economic purpose of the invalid provision.

16.6. Payments, settlements, and refunds shall always be made after review of the documents with a payment term of 30 days after receipt of the documents.

17. Jurisdiction Agreement

The exclusive place of jurisdiction for legal disputes with merchants, legal entities under public law, or special funds under public law arising from contracts subject to these GTC is Frankfurt (Oder). If the local courts (Amtsgerichte) have jurisdiction, the Local Court of Frankfurt (Oder) shall have jurisdiction.

Version of these GTC: 01.01.2025

The latest version shall apply.

Subject to change.

Annex 1. Model Withdrawal Form – for consumers within the meaning of § 13 BGB

(If you wish to withdraw from the contract, please complete this form and return it to us:

DAGO Express Kurierdienst GmbH

Große Müllroser Str. 32

15232 Frankfurt (Oder), Germany

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service

• Ordered on

• Name of consumer(s) (*)

• Address of consumer(s) (*)

• Signature of consumer(s) (*) (only if notified on paper)

• Date

• Delete as appropriate

Annex 2. Packaging Guideline

1. General: Shipments must be securely packaged by the Customer according to content, type of shipment, and scope, so that damage during transport is excluded and the contents are protected against loss and damage. Packaging always includes suitable outer packaging, suitable inner packaging, and secure sealing.
2. Secure packaging: The outer packaging must be appropriate for the contents so that the packaged items do not fall out, do not damage other shipments, and are not themselves damaged. Adequate inner packaging must be provided and supplemented with cushioning materials. For transport-sensitive items, the packaging must be adapted to their particular sensitivity, taking into account the nature, quantity, and all other specific characteristics of the contents in each individual case. The packaging must reliably protect the contents against stresses to which they are normally exposed during shipping (e.g. pressure, impact, dropping, vibration, or temperature influences).
3. The outer packaging must be sufficiently strong and pressure-resistant. It must also be large enough to accommodate the entire contents and the necessary inner packaging components.
4. The inner packaging must fix the contents in place and provide cushioning on all sides towards the outer packaging and between multiple contents. Sales and storage packaging is often designed only for palletized shipping. For individual shipment, additional packaging measures (e.g. molded foam) as transport packaging are mandatory.
5. For sealing shipments, durable materials (e.g. tear-resistant, self-adhesive plastic tapes or fiber-reinforced wet adhesive tapes) must be used to ensure the integrity of the shipment. The heavier the shipment, the more durable the sealing must be.
6. Packaging or closures must not have sharp edges, corners, or points, such as protruding nails, staples, wood splinters, or wire ends. The packaging must completely enclose the transported goods.