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§1 Legal Basis and Applicability
(1)These terms and conditions apply to contracts of carriage with Balikbayan-Service EUROPE and affiliated companies, hereinafter Balikbayan-Service.
(2) All contracts are based on the laws of the European Community (EC law), provided by mandatory law or written individual agreement not otherwise specified.
(3) In addition to these terms, the price list of Balikbayan-Service in its current version applies. It can be viewed online at www.bestbalikbayan.de or will be sent on request without charge.
(4) Provided these Terms shall be available in several languages, the German version is binding.
§2 Contract Basis and Exclusions
(1) Subject to the provisions of Paragraph (2) contracts of carriage are concluded by the transfer of packets by or for the sender and incorporating them into the care of Balikbayan-Service in accordance with the present terms and conditions. Different conditions must be agreed in writing. Conflicting terms and conditions are hereby expressly disagreed.
(2) Packages that meet the conditions listed below are excluded from transportation by the Balikbayan-Service. A contract for the transport of such packages will not be adopted. Employees and representatives of the Balikbayan-Service are not entitled to conclude contracts of carriage on such packages:
1. Packages, their contents, exterior design, transport or storage violates a statutory or regulatory prohibition, especially export-, import- or customs provisions of the EU, the Philippines or transit countries.
2. Packages, whose contents require special facilities (e.g. for temperature-controlled goods), security provisions or approvals for transportation or storage, or which are subject to regulations of hazardous goods.
3. Packages, by whose contents or exterior design people may be infected or injured, or property damage can be caused.
4. Packages with living animals, animal carcasses, body parts or remains of people.
5. Packages with drugs or intoxicating substances.
6. Packages with an actual value of more than 1.000 €. The liability limits acc. § 6 are unaffected.
7. Packages, who contain cash, precious metals, check or credit cards, phone cards, securities, or other means of payment.
8. Packages whose recipients are registered on sanctions lists.
(3) If a package is not in line with the above conditions, or is it in any other conflict with these terms, it is at the Balikbayan-Service's discretion, to refuse to accept a package or return a package already passed or hold it available for return. This also applies on suspicion of excluded goods or other breaches of contract, if the sender refuses upon request of Balikbayan-Service to provide for detailed information. The Balikbayan-Service is not obliged to check for exclusions from carriage pursuant to §2 (2), however, she is entitled to open and inspect the packages in case of suspicion.
(4) A termination of the contract of carriage by the sender after the transfer of the shipment in the care of Balikbayan-Service is excluded.
§3 Services and Duties of Balikbayan-Service
(1) The Balikbayan-Service conveys the packages passed to him and delivers them to its appropriate recipient in the Philippines. It is up to the Balikbayan-Service to commission domestic or foreign companies to carry the packets.
(2) The Balikbayan-Service ensures handling of the packages with due diligence.
(3) The carriage of packages is done "from door to door" (door-to-door). The packages are picked up at the senders address. The packages are delivered to the specified recipient's address. Excluded are addresses in remote regions of the Philippines (remote areas), remote islands in the open sea (remote Islands), as well as political crisis areas or areas with civil war conditions. A reference to such areas can be found in our price list.
(4) The obligation for the transport and delivery to the recipient exists only for such packages where the transport fee is paid in full.
(5) Adherence to a time limit is not due.
§ 4 Rights, Duties and Obligations of the Sender
(1) The sender has to keep his shipment ready at the agreed collection time, together with the completed shipping document(s). The packages must be easily accessible, so that the removal is possible without overcoming obstacles and without mechanical assistance.
(2) The sender is responsible to pack his consignment with great care so that the content is protected from damage, and that it cannot cause any harm to Balikbayan-Service and any third party parcels.
(3) Outer packaging as well as inner packaging is the sender’s exclusive responsibility. Transport requires packaging which has the ability to protect commodities against mechanical stress from automatic sorting systems and handling (drop height to corner, edge or side from up to 50 cm) as well as against widely differing climatic conditions. Also it has to prevent access to the contents without leaving any evidence or trace. The sender has to check, whether the retail packaging meets these requirements.
(4) Imprints or stickers like “Glass, handle with care!” or “TOP” are not binding and do not discharge the sender from his liability to use adequate transport packaging according to §4 (3).
(5) Baggy parcels or packets whose original packaging volume is significantly exceeded are considered as improperly packaged.
(6) The sender has to adequately identify his consignment. Both sender and receiver address have to be marked clearly on at least two places on each package.
(7) The sender has to complete the required export declaration (Packing List) for each package fully and truthfully and pass it together with the parcel to the Balikbayan-Service. The Balikbayan-Service does not assume any responsibility for the content of the shipment nor for this document. The sender bears the sole respon¬sibility and risk for all consequences resulting from an illegal shipment of goods to the Philippines and violations of such rules.
(1) The consignor undertakes to pay on delivery of his shipment to the Balikbayan-Service the remuneration prescribed according to the price list.
(2) The fee is payable at pick-up of the packages in cash, if not agreed upon a different method of payment in individual cases. In any case, the charges for the transportation of the consignment have to be paid in full before the arrival in the Philippines, e.g. before delivery of the shipment to the appropriate recipient.
§6 Liability for Damage during Shipping
(1) The Balikbayan-Service is liable for loss or damage of packages in line with the contract and for wrongful improper implementation only to the extent of direct contractual damages, and only up to the maximum of 300.00 €. Differing liability limitations require separate written agreement. Damage or loss of items which are not recorded on the export declaration shall not be accepted under any circumstances.
(2) For fragile items (such as glass, porcelain, ceramics etc.) no liability shall be assumed. It is solely the shipper’s responsibility for the safe packaging of such objects.
(3) The Balikbayan-Service is on improperly packaged shipments exempt from any liability, as well as for damage caused by circumstances that even with the greatest care cannot be avoided and whose conse¬quences cannot be averted (strike, force majeure, seizure, etc.).
(4) In case of suspected damage to the contents, such as strikingly damaged package, this is immediately to be docu¬men¬ted, if possible in the presence of the delivery agent at the time of receipt of the shipment.
§7 Undeliverable Shipments, Unpaid Shipments
(1) The sender is obliged to mark its packages with a valid recipient address by Philippine standards, and to pay the transport charge acc. §5. Costs and expenses, that result from insufficiently addressed shipment, e.g. caused by redirection or other measures shall be borne by the sender. The same applies to costs arising from the fact that packets cannot be delivered because the carriage fee is not paid.
(2) The sender is informed immediately when his shipment cannot be delivered. Thereafter the shipment will be warehoused for not more than 30 days until final delivery or collection by the recipient.
(3) Packages which cannot be served within a reasonable period of time shall be recovered by the Balikbayan-Service, usually in the form of a donation to a charitable organization. The return to the sender in Germany is excluded. The obligation to pay the transportation fee will remain unaffected.
§8 Other Provisions
(1) Gaps in the regulation have to be closed by regulations which meet sense and purpose of the original provision best, based on governing law.
(2) The invalidity of individual regulations does not result in the invalidity of the entire contract. I agree
In compliance to EU Data Privacy Act – General Data Protection Regulation DSGVO (as of May 25, 2018)
The following text is a translation of the German “Datenschutz Richtlinie (Data Protective Directive)” to the best of our knowledge. In the case of disputes, only the German version is legally binding.
Important information about the processing of your personal information by us and your rights under the Data Privacy Act (BDSG): Which data we will process in detail and in what way they are used, depends largely on the services agreed with you.
1. Who is responsible for data processing and who can I contact?
Responsible for the processing of your data is:
• Balikbayan Service EUROPE oHG
• Liegnitzer Str. 7
• 42489 Wülfrath
• Telephone +49 2058 890 9893
2. Which data sources and which information do we use?
We process personal data that we receive from our customers and prospects as part of our business relationship. In particular cases we also process – insofar as necessary for the provision of our service – personal information which we have admissibly acquired from publicly available sources (e.g. commercial and association registers, press, media, Internet etc.) and are allowed to process.
Personal information of customers, prospects and consignees are required to process the order and are stored in our database. These data include u. a. name, complete billing address, telephone and e-mail address. If necessary, the identical data will be collected and stored in addition to the billing address (= freight payer), when different addresses are required for the provision of services (e.g. different pick-up addresses).
Sensitive personal information, such as date of birth, place of birth, gender, nationality, and marital status, credentials (e.g. ID card data) will only be collected for submission to the Philippine Bureau of Customs (BOC) and only if necessary. The storage of this information is temporary. They are deleted on our servers immediately after the arrival of the customer consignments and after clearance by the customs authorities.
3. For what purpose do we process your data (purpose of processing) and what is the legal basis?
We process the aforementioned personal data in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the Data Privacy Act (BDSG – Bundesdatenschutzgesetz):
a. For the fulfillment of contractual obligations (Article 6 (1) (b) GDPR)
The processing of personal data is solely for the purpose of providing logistics and transport services to the Philippines.
b. In the context of the balance of interests (Article 6 (1) (f) GDPR)
If necessary, we process your data in addition to the actual fulfillment of the contract for the protection of legitimate interests of us or third parties. Examples:
• Assert legal claims and defense in legal disputes
• Measures to ensure domiciliary rights
• Details of the consignor and the packing list issued by him for submission to the Bureau of Customs (BOC) (name and place of residence of consignor)
• The name and full address of the consignee and telephone number, if available.
c. Based on your consent (Article 6 (1) a GDPR)
Insofar as you have given us your consent to the processing of personal information for specific purposes. Your consent can be revoked at any time. This also applies to the revocation of declarations of consent issued prior to the validity of the EU General Data Protection Regulation, i.e. before 25 May 2018. Please note that the revocation only has an effect for future processing. Processing that occurred before the revocation is not affected. You can request a status overview of the consents you have given us at any time.
d. Due to legal requirements (Article 6 paragraph 1 c GDPR) or in the public interest (Article 6 paragraph 1 e GDPR)
Applicable tax laws and other regulations oblige us to completely document or record our business processes. We are obliged to archive the data required to fulfill our services in accordance with statutory regulations.
4. Who gets my data?
Within our company, all persons have access to your data, which they need to fulfill our contractual and legal obligations. Our service providers and vicarious agents may also obtain data for these purposes if they comply with our written data protection directives. These are essentially companies of the following categories:
• Domestic or European wide parcel service providers operating on our behalf (e.g., DHL, DPD, UPS, etc.)
• International freight carriers and shipping companies (e.g. FedEx, UPS, Maersk Line, etc.)
• Transportation service providers operating in the Philippines, which we entrust with the delivery of your shipments.
• Our Philippine customs broker
With regard to the transfer of data to recipients outside of our company, it should be noted that they are required to maintain secrecy about all customer-related facts and assessments from which we obtain knowledge. We may pass personal information only if
• legal requirements require this,
• you have consented
• The commissioned processor mandated by us guarantees compliance with the requirements of the European Data Protection Regulation (GDPR) and the Data Protection Act (BDSG).
Under these conditions, recipients of personal data may, for example, be:
• Financial authorities
• German or European customs authorities
• Customs in the Philippines
5. Will data be transmitted to a third country or to an international organization?
A transfer of data to countries outside the EU or the EEA (so-called third countries) will only take place if this is required for the processing of orders or required by law for order data processing.
6. How long will my data be stored?
We process and store your personal information as long as it is necessary for the fulfillment of our contractual and legal obligations. If the information is no longer required for the fulfillment of contractual or legal obligations, these are deleted on a regular basis if no further processing is required, for example:
• Fulfillment of commercial and tax retention periods: The Commercial Code and tax regulations must be mentioned. The deadlines for storage and documentation are two to ten years
• Preservation of evidence under the statute of limitations. According to §§ 195 ff. Of the Civil Code (BGB), these limitation periods can be up to 30 years, whereby the regular limitation period is three years.
7. What privacy rights do I have?
Every affected person has the right
• Information pursuant to Article 15 GDPR,
• for correction under Article 16 GDPR,
• cancellation according to Article 17 GDPR,
• restriction of processing under Article 18 GDPR,
• opposition to Article 21 GDPR,
• Data transferability under Article 20 GDPR.
With regard to the right to information and the right to erase, the restrictions under §§ 34 and 35 BDSG apply. In addition, there is a right of appeal to a data protection supervisory authority (Article 77 GDPR in conjunction with Section 19 BDSG).
You may revoke your consent to the processing of personal data at any time. This also applies to the revocation of declarations of consent that were given to us prior to the validity of the EU General Data Protection Regulation (GDPR), i.e. before 25 May 2018. Please note that the revocation only applies for the future. Processing that occurred before the revocation is not affected.
8. Is there a duty for me to provide data?
As part of our business relationship, you have to provide the personal information necessary to enter into a business relationship and to fulfill its contractual obligations, or which we are required to collect by law. Without these data, we reject the conclusion and completion of a transportation contract. We will be no longer able to carry out an existing contract and will accordingly terminate it.
9. Up to what extent is there an automated decision-making process (including profiling)?
In principle, we do not practice fully automated decision-making pursuant to Article 22 GDPR to justify and implement the business relationship. If we use these procedures in particular cases, we will inform you separately about this, provided that it is required by law.
10. Information about your right of objection according to Article 21 of the EU General Data Protection Regulation (GDPR) - Case-specific right of objection
You have the right at any time, for reasons arising out of your particular situation, to enter an objection against processing of personal information related to your particular situation pursuant to Article 6 (1) of the GDPR (Data Processing in the Public Interest) and Article 6 (1) of the GDPR (Data processing on the basis of a balance of interests); this also applies to profiling based on this provision within the meaning of Article 4 (4) GDPR.
If you object, we will not process your personal data unless we can provide information compelling legitimate grounds for processing that outweigh your interests, rights and liberties, or the processing is for the purpose of enforcing, pursuing or defending legal claims. I agree