1. Application
2. Definitions
3. Charges
4. Fuel and Other Surcharges
5. Invoice Adjustments & Dimensional Weight (Volumetric Weight)
6. Billing
7. Shipment Preparation
8. Refusal or Rejection of Shipments
9. Inspection of Shipments
10. Prohibited Items
11. Export Controls
12. Dangerous Goods
13. Customs Clearance
14. Duties and Taxes
15. Routing
16. Delivery
17. Redelivery
18. Undeliverable Shipments
19. Money-Back Guarantee
20. Limits of Liability
21. Liabilities Not Assumed
22. No Warranties
23. Claims
24. Subcontracting
25. Data Protection
26. Entire Agreement
27. Assignment

28. Non-Waiver
29. Mandatory Law
30. Governing Law and Jurisdiction
ITS Couriers Terms and Conditions of Carriage for Europe
(effective from January 1st, 2024)

1. Application
1.1 These Conditions apply to the carriage of Shipments originating from Europe, and between and
within countries and territories of Europe. These Conditions do not apply to intra-Poland
Shipments, for which separate domestic terms and conditions of carriage apply. In some
markets, local conditions or postal regulations may apply instead of or supplementary to
these Conditions (in each case, available on ITS Couriers.com in the applicable countries
and territories). Shipments originating from outside Europe are subject to local tariffs and
the terms and conditions of the ITS Couriers affiliate, branch or independent contractor that
accepted the Shipment. Shipments returned are governed by the terms and conditions
applicable to the country or territory from which the Shipment is returned. For further
information on any part of ITS Couriers’s Services, see ITS Couriers.com.
1.2 The international carriage of a Shipment by air will be subject to the Montreal Convention or the
Warsaw Convention, as applicable. The international carriage of a Shipment by road will be
subject to the CMR, as applicable. Shipments carried domestically (between specified
locations within one country) are subject to the laws of that country, these Conditions, and
any applicable ITS Couriers domestic terms and conditions of carriage.
1.3 The latest online version of these Conditions published and maintained on the applicable local
ITS Couriers.com site prevails and supersedes any older or other versions of the
Conditions. The Sender, by tendering a Shipment to ITS Couriers, agrees to the Conditions
in force at that time. ITS Couriers reserves the right to unilaterally amend or supplement
these Conditions at any time.
1.4 In case of conflict between these Conditions and any other ITS Couriers transit documentation,
including the terms and conditions on any ITS Couriers Air Waybill, manifest, or shipping
label, these Conditions prevail to the extent that they do not conflict with the applicable

Convention(s), or other mandatorily applicable laws, including applicable local postal
regulations.
1.5 The Services available may be modified or suspended by ITS Couriers from time to time. Such
modification or suspension applies to Shipments tendered to ITS Couriers after that date.
Details of current Services are available on ITS Couriers.com.
1.6 In these Conditions, all decisions of ITS Couriers are made at the sole discretion of ITS
Couriers.

2. Definitions
“Air Waybill” or “Waybill” means any shipping document, manifest, consignment note, label,
stamp, electronic entry or similar item used in the ITS Couriers transportation system
to initiate movement of a Shipment.
“Ancillary Services” means all services not being Transportation Services.
“B2C Shipments” means Shipments pursuant to a commercial transaction between a
business-Sender (acting for professional purposes) and an individual
consumer-Recipient (acting outside of their professional purposes).
“Business Day” means any day on which businesses in the country, territory or region of origin
or in the country or region of destination are open for business. Business days and
holidays may vary by country, territory or region. Contact ITS Couriers for delivery
commitments which may be affected.
“Business Delivery” means delivery made to commercial or business premises, excluding (a)
homes or private residences, (b) locations where a business is operated from home
or a residence that is designated by the Sender as residential, and (c) B2C
Shipments.
“Charges” means Transportation Charges and any other charges or surcharges assessed or
levied pursuant to these Conditions from time to time, including fuel and other
surcharges, clearance service fees, ancillary charges, Declared Value for Carriage
charges, return charges, special handling fees, duties and taxes, import and export
surcharges, and other costs reasonably incurred by ITS Couriers relating to transport
of a Shipment. Details of any other charges or surcharges are available on ITS

Couriers.com. ITS Couriers will charge value added taxes on its Charges in line with
applicable law and regulations.
“CMR” means the Convention on the Contract for the International Carriage of Goods by Road
1956 as amended in 1978.
“Conditions” means these terms and conditions of carriage as updated on ITS Couriers.com
from time to time.
“Conventions” means the Warsaw Convention, the Montreal Convention, and the CMR
collectively.
“Declared Value for Carriage” means that value, if applicable, indicated by the Sender on the
Air Waybill, constituting the maximum amount of ITS Couriers liability in connection
with the Shipment for which the Sender pays the required fee.
“Declared Value for Customs” means the selling price or replacement cost of the Shipment’s
contents as required for customs clearance purposes.
“Delivery Commitment Time” means the published delivery commitment time for the ITS
Couriers service or the delivery commitment time quoted by ITS Couriers customer
service for that Shipment, which takes into account the commodity being shipped, the
date, precise destination, weight and value of the Shipment.
“Europe” means Albania, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia Herzegovina
Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Georgia, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Latvia, Lithuania,
Luxembourg, Macedonia, Malta, Moldova, Montenegro, Netherlands, Norway, Poland
Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland,
Turkey, United Kingdom and Ukraine, collectively.
“ITS” or “ITS Couriers” means International Timed Services Ltd, its subsidiaries, branches and
affiliates, and their respective employees and agents (to the extent applicable).
“ITS Couriers Account Number” or “ITS Couriers Account” means the number issued by
ITS Couriers to a customer ensuring account activity is summarized by the ITS
Couriers system and the payer is billed appropriately.
“FICP” means ITS Couriers International Connect Plus, a service exclusively for the
transportation and delivery of Shipments containing items purchased by or for a

consumer-Recipient through a business-Sender’s website or other e-commerce
channels or online marketplaces.
“Freight” means any single piece, skid or freight handling unit with a chargeable weight equal
to or greater than 68 kilograms (any fraction of a kilogram is rounded up to the
next-higher kilogram), or longer than 274 centimetres, or greater than 330 centimetres
length plus girth.
“Leakage” has the meaning set out in Section 7 (Shipment Preparation).
“Montreal Convention” means the Montreal Convention of May 28, 1999 and all subsequent
applicable Protocols.
“Package” means any single parcel or piece that is tendered by Sender to ITS Couriers for
transportation and is accepted by ITS Couriers from Sender.
“Prohibited Items” means the items and types of Shipments set out in Section 10 (Prohibited
Items) of these Conditions.
“Recipient” means the natural or legal person stated on the Air Waybill as the recipient of the
Shipment.
“Residential Delivery” means a delivery made to a home or private residence, including
locations where a business is operated from the home or private residence, or a
delivery in which the Sender has designated the delivery address as residential.
“Sender” means the natural or legal person stated on the Air Waybill as the sender of the
Shipment.
“Service Failure” means a first attempted delivery of a Shipment that occurs 60 seconds or
more after the applicable Delivery Commitment Time, except as otherwise stated in
these Conditions. Any transit time published online, elsewhere, or quoted by ITS
Couriers customer service based on incomplete information supplied by Sender is
only an estimate and is not a stated Delivery Commitment Time. ITS Couriers records
regarding quoted delivery times will constitute conclusive proof of any such quotes.
“Services” means Ancillary Services and Transportation Services collectively.
“Shipment” means one or more Packages or Freight, moving on a single Air Waybill.

“Transportation Charges” means the rates assessed for movement of a Shipment by ITS
Couriers in accordance with these Conditions from time to time, excluding other
charges or surcharges which may be assessed or levied, such as fuel surcharges,
clearance service fees, ancillary charges, Declared Value for Carriage charges,
special handling fees, duties and taxes, import and export surcharges, and other
surcharges.
“Transportation Services” means the services for carriage of a Shipment offered and
performed by ITS Couriers pursuant to a ITS Couriers Air Waybill. Full details of all
such services, including product names, availability and transit times, are available on
ITS Couriers.com or in a pricing or transportation services agreement, as applicable.
“Unique Items” means items to which additional conditions apply (see Section 20.4 (Unique
Items)) due to their nature, including precious stones, precious metals, jewellery,
unprotected furniture, glass, china, objects of art, antiques, furs, collector’s items,
musical instruments, important documents including passports, smart phones, smart
watches, tablets, laptops, electronic screens, plasma screens, films, tapes, discs,
memory cards or any other data or image carrying goods.
“Warsaw Convention” means the Warsaw Convention of October 12, 1929, as amended by
the Hague Protocol of September 28, 1955 and all subsequent applicable Protocols,
as well as the Guadalajara Convention of September 18, 1961.

3. Charges
Transportation Charges applicable to the Shipment are as set out in the ITS Couriers list rates on ITS
Couriers.com, or as expressly agreed otherwise in a relevant ITS Couriers transportation
services agreement. Quotations provided by ITS Couriers for Charges or Services are
estimates only, based upon information provided by the Sender. Final Charges and
Services may vary based upon the Shipment actually tendered and the application of these
Conditions. ITS Couriers is not liable for, nor will any adjustment, refund or credit of any
kind be made, as a result of any discrepancy in any Charge or Service quotation made prior
to the tender of the Shipment and the Charges invoiced to the payer. Charges applied are
those Charges applicable and in force at the time that a relevant ITS Couriers
transportation services agreement is made, subject to the right of ITS Couriers to revise the
Charges, including the Transportation Charges, set out in the ITS Couriers list rates on ITS
Couriers.com from time to time and without notice.

4. Fuel and Other Surcharges
ITS Couriers reserves the right to assess and revise its fuel surcharge and other surcharges set out
on ITS Couriers.com from time to time and without notice. The duration and amount of such
revisions will be determined by ITS Couriers. The Sender, by tendering a Shipment to ITS
Couriers, agrees to pay the surcharge(s) in force at that time. Details of current surcharges
are available on ITS Couriers.com.

5. Invoice Adjustments & Dimensional Weight (Volumetric Weight)
5.1 Dimensional weight pricing is applicable to all Shipments, on a per-Shipment basis. If the
dimensional weight exceeds the actual weight, the Shipment Charges will be recalculated
based on the dimensional weight and subject to additional Charges.

5.2 Dimensional weight is determined by multiplying a Package’s length x height x width (all in
centimetres) and dividing this by a standard dim-divisor or such other number which applies
at the time of tendering such Shipment to ITS Couriers, as specified by ITS Couriers from
time to time on ITS Couriers.com.

5.3 ITS Couriers may audit each Air Waybill to verify the Transportation Service selected,
Shipment/Package actual and/or dimensional weight, or number of Packages in a
Shipment. If the Transportation Service selected, the declared or dimensional weight, or the
number of Packages stated on the Air Waybill is incorrect, ITS Couriers may make
corrections to the Air Waybill.

5.4 ITS Couriers may make adjustments to the invoice and will be entitled to charge a special
handling fee for having to make corrections and amendments to the Air Waybill. The
method(s) used and Charges applicable to make such corrections or adjustments are
available upon request.

6. Billing
6.1 Invoices for Transportation Charges and related Charges are in principle payable without
withholding or set off, within 10 days of the invoice date. For certain countries, a different
payment term may apply; details are available upon request. Invoices for duties, taxes and
other related Charges are payable upon receipt. Notwithstanding, ITS Couriers reserves
the right to require payment of any Charges in advance.

6.2 Where permitted by law, ITS Couriers may provide electronic invoices as standard, unless the

payer expressly requests otherwise.

6.3 ITS Couriers reserves the right to apply payments to the oldest invoices first, in instances in
which preferred remittance methods are not used or remittance details are not provided
with payment.

6.4 In the event of late payment, ITS Couriers reserves the right to apply a late payment fee, late
payment interest and administrative costs for such late payment. In such event, ITS
Couriers may apply the applicable fee(s), costs and/or interest rate(s) as determined by ITS
Couriers and in accordance with any applicable EU or local late payment laws.
6.5 If payment is to be made by way of charge to an ITS Couriers Account, the party that initiates
the Shipment must enter a valid, current ITS Couriers Account Number on the Air Waybill in
order for ITS Couriers to accept the Shipment. Charges to a ITS Couriers Account may
take the form of:

a. “Bill Sender” or “Bill Shipper”: ITS Couriers will bill Charges to the Sender’s ITS Couriers Account.
b. “Bill Recipient” or “Bill Consignee”: ITS Couriers will bill Charges to the Recipient’s ITS Couriers
Account. Acceptable for carriage to specified locations only.

c. “Bill Third Party” means ITS Couriers will bill Charges to someone’s ITS Couriers Account other

than the Sender or Recipient.

6.6 Regardless of any payment instructions or provisions to the contrary, the Sender (or the party
initiating an import shipment transaction, as the case may be) will always remain ultimately
liable for the Charges, and in circumstances where the Recipient or third party refuses to
pay.

6.7 Disputes related to invoices should be submitted by the Sender or Recipient respectively to ITS
Couriers no later than (a) 30 days from the date of invoice or (b) the invoice due date,
whichever is later. ITS Couriers will only accept the submission of such a dispute if the
following is stated therein: the (a) invoice number, (b) Air Waybill number and (c) reason of
the dispute.

6.8 Duties and Taxes. If applicable, duties, taxes and other related Charges may be assessed on
the contents of Shipments. If ITS Couriers disburses duties, taxes or other fees to a
customs agency on behalf of the payer, the payer will be assessed a clearance service fee
based on a flat rate or a percentage of the total amount disbursed (whichever is greater).

See ITS Couriers.com/ancillary/ for a list of clearance service fees in the destination
country. ITS Couriers is not required to disburse payment of duties, taxes and other related
Charges and may require the Sender, Recipient or liable third party to pay ITS Couriers
prior to ITS Couriers discharging any liability for duties, taxes or other related Charges. The
Recipient will be charged for such duties and taxes unless the “Bill Sender Duties and
Taxes” or “Bill Third Party Duties and Taxes” box is marked on the Air Waybill and a valid
ITS Couriers Account Number is indicated on the Air Waybill. Such options are available in
select locations only. In certain other circumstances the Sender may be charged for such
duties and taxes, including the event in which the Shipment is sent to a third party site
where the Recipient or billed third party is not a resident. Invoices for duties, taxes and
other related Charges are payable upon receipt. Further details available in Section 13
(Customs Clearance) and upon request.

6.9 Currency Conversion. ITS Couriers invoices must be paid in the currency stated in the invoice
or otherwise in the local currency against exchange rates provided by ITS Couriers from
time to time.

7. Shipment Preparation
7.1 Size and Weight Limits. Package and Shipment size and weight restrictions vary by country of

origin and country of destination combination, and by Service.

7.2 Multi-Piece Shipments. There is no limit on the aggregate weight of a multiple piece Shipment
provided each individual Package within the Shipment does not exceed the per-Package
weight limit specified for the destination.

7.3 Extra-Large Shipments. Shipments exceeding the Service specific weight limits set out in the
packaging guidelines on ITS Couriers.com require advance arrangement with ITS Couriers.
ITS Couriers reserves the right to refuse Packages or Shipments that ITS Couriers
considers unsuitable or ‘extra-large’ as further detailed in the packaging guidelines on ITS
Couriers.com. ITS Couriers may consider such unsuitable or extra-large Packages or
Shipments as Freight shipments at its discretion, and a minimum chargeable weight of
68kg may therefore be applied regardless of actual weight. Shipments tendered to ITS
Couriers as Freight have a minimum chargeable weight of 68kg, regardless of actual
weight.

7.4 No more than one type of Service may be indicated on a single Air Waybill and no more than
one ITS Couriers Envelope, ITS Couriers 10kg Box or ITS Couriers 25kg Box may be
shipped on a single Air Waybill.

7.5 Packaging. All Packages must be prepared and packed by the Sender for safe transportation,
according to the nature and size of the goods, assuming ordinary care in handling in a
transportation and hub sortation environment and in compliance with ITS Couriers’s
instructions and all applicable treaties, laws, regulations and rules, including those
governing packing, marking and labelling.

7.6 Any articles susceptible to damage as a result of any condition which may be encountered in
transportation, such as changes in temperature or atmospheric pressure, must be
adequately protected by appropriate packaging by the Sender. ITS Couriers will not be
liable for any damage arising out of changes in temperature or pressure.

7.7 ITS Couriers does not provide temperature-controlled transport, unless expressly agreed
otherwise. Unless expressly agreed otherwise, ITS Couriers is not obliged to add dry ice to
Shipments or to provide re-icing Services, notwithstanding any oral or unilateral written
statements from the customer or ITS Couriers to the contrary. If the Recipient refuses a
Package or the Package leaks, is damaged, or emits an odour (collectively “Leakage”) it
will be returned to the Sender, if possible. If the Package is refused by the Sender, or it
cannot be returned because of Leakage, the Sender will be liable for and agrees to
reimburse and otherwise indemnify ITS Couriers for all costs, fees and expenses incurred
in connection with the clean-up and disposal of the Package. See further Section 8 (Refusal
or Rejection of Shipments).

7.8 Marking. It is the responsibility of the Sender to properly complete all necessary particulars of
the Air Waybill. Each Shipment must be legibly and durably marked with, including the
name, street-, city- and country address including postal code of the Sender and the
Recipient. For international Shipments, the Sender’s address must state the country in
which the Shipment is tendered to ITS Couriers. Sender must affix the Air Waybill and any
other required labels (e.g. heavy weight) in a prominent position on the outer surface of the
Shipment that can be clearly seen.
Further details on Shipment preparation are available on ITS Couriers.com or upon request.

8. Refusal or Rejection of Shipments

ITS Couriers reserves the right to refuse, hold, cancel, postpone or return Shipments at any time if so
required by law (including export controls, sanctions, customs laws and regulations), and/or
if such Shipments would in the opinion of ITS Couriers be likely to cause damage or delay
to other Shipments, goods or persons; if the carriage of the Shipment is prohibited by law or
is in violation of any of these Conditions; if the ITS Couriers Account of the person or entity
responsible for payment is not in good credit standing; if the volume or type of Shipment
materially deviates from the volume or type of Shipment that was initially indicated by the
Sender to ITS Couriers; or for any other reason. The fact that ITS Couriers accepts
Shipments does not mean that such Shipments, including their content and quality,
conforms to applicable laws and regulations or to these Conditions.

9. Inspection of Shipments
9.1 Upon the request of the competent authorities, or at ITS Couriers’s discretion in compliance with
applicable laws and regulations, ITS Couriers may open and inspect any Shipment.
9.2 In accordance with applicable laws and regulations, ITS Couriers may be required to undertake
various screening(s) of the Shipment(s). The Sender hereby waives any possible claims for
damages or delays (including the Money-Back Guarantee as stated in Section 19) as a
result of such screening.

10. Prohibited Items
10.1 ITS Couriers prohibits the following items for shipment to any destination and Sender agrees
not to ship the same, unless expressly agreed otherwise by ITS Couriers (additional
restrictions may apply depending on origin and destination):

a. Firearms, weaponry, ammunition and their parts. This includes, but is not limited to, guns, flick

knives, butterfly knives, swordsticks, knuckledusters, and tasers;
b. 3-D printing machines designed, or that function exclusively, to manufacture firearms;
c. Explosives (class 1.4 explosives may be acceptable to and from some locations; further information
available upon request), fireworks and other items of an incendiary or flammable nature;
d. Items resembling a bomb, hand grenade, or other explosive device or weapon. This includes, but is
not limited to, inert products such as replicas, toy guns, novelty items, training aids and
works of art;

e. Military items originating from any country in which an export control license is required;

f. Human corpses, human organs or body parts, human or animal embryos, cremated or disinterred

human remains;

g. Live animals, including insects and pets;
h. Animal carcasses, dead animals, or animals that have been mounted. This includes, but is not
limited to, animal furs, ivory and ivory related products, and fauna;
i. Plants and plant material, including cut flowers (cut flowers are acceptable to and from certain
countries and territories including the Netherlands to the US, and all Latin America; further
information available upon request);

j. Perishable foodstuffs, and foods and beverages requiring refrigeration or other environmental

control;
k. Pornography and obscene material. This includes, but is not limited to, manikins (including sex
dolls);
l. Money, including cash and cash equivalents (e.g. negotiable instruments, endorsed stocks, bonds
and cash letters), collectible coins and stamps;
m. Lottery tickets and gambling devices, where prohibited by law;
n. Waste as defined by applicable law and regulation. This includes, but is not limited to, garbage for
disposal, medical waste (such as hypodermic needles or syringes, contaminated medical
equipment, or articles being sent for sterilization, recycling or disposal), batteries that are
capable of posing a safety hazard (such as used or damaged batteries), or items that pose
an environmental hazard (such as used fluorescent bulbs);

o. Wet ice (frozen water);
p. Counterfeit goods, including goods under a trademark that is identical to or substantially
indistinguishable from a registered trademark, without the approval or oversight of the
registered trademark owner (also commonly referred to as “fake goods” or “knock-offs”);
q. Marijuana, including marijuana intended for recreational or medicinal use, and marijuana-derived
cannabidiol (CBD), any product with any amount of tetrahydrocannabinols (THC) and
synthetic cannabinoids
r. Raw or unrefined hemp plants, or their subparts (including hemp stalks, hemp leaves, hemp flowers
and hemp seeds);

s. Tobacco and tobacco products, including but not limited to cigarettes, cigars, loose tobacco,

smokeless tobacco, hookah or shisha; and

t. Electronic cigarettes and their component parts, any other similar device that vaporizes or
aerosolizes any substance for inhalation, and any non-combustible substance, regardless
of the presence of nicotine, that can be used with any such device.
10.2 ITS Couriers prohibits the following types of Shipments to any destination and Sender agrees
not to ship the same (additional restrictions may apply depending on origin and
destination):

a. Shipments or commodities, the carriage, importation or exportation of which is prohibited by any
law, statute or regulation, including shipments for which Sender or any of the parties
involved in the Shipment are listed on any of the lists of restricted parties published and
maintained by: the U.S. Department of the Treasury, Office of Foreign Assets Control; the
U.S. Department of Commerce, Bureau of Industry and Security; the U.S. Department of
State, the United Nations Sanctions Committees; the European Union Council; and any
other relevant authority, unless licensed or authorized by the relevant government agency
or otherwise permitted under applicable laws;
b. Unless expressly agreed otherwise by ITS Couriers, Shipments that require ITS Couriers to obtain
any special license or permit for transportation, importation or exportation;

c. Undeclared, excisable shipments or commodities that require regulatory approval and clearance;
d. Shipments with a Declared Value for Customs in excess of that permitted for a specific destination;
e. Dangerous goods, except as permitted under Section 12 (Dangerous Goods) of these Conditions;

and

f. Packages that are wet, leaking or emit an odour of any kind.
10.3 ITS Couriers excludes all liability for Prohibited Items however accepted (including acceptance
by mistake or under notice). ITS Couriers reserves the right to reject Packages based upon
these limitations or for reasons of security or safety. ITS Couriers may charge an
administrative fee for Packages rejected and for the cost of returning goods, where
applicable, to the Sender. Further information is available upon request.
10.4 Section 19 (Money-Back Guarantee) is not applicable to Shipments of Prohibited Items.

11. Export Controls

11.1 ITS Couriers does not transport shipments that violate export controls laws. Sender is
responsible for, and warrants, compliance with all applicable laws, rules and regulations,
including the U.S. Export Administration Regulations, the U.S. International Traffic in Arms
Regulations, the U.S. Foreign Assets Control Regulations and applicable export laws and
government regulations of any country related to the transportation of the Shipment.
Sender agrees and warrants that with respect to the Shipments it will comply with all
applicable U.S. government territorial sanctions prohibiting the export or re-export of goods,
services or technology to or from countries and territories subject to territorial U.S.
sanctions. In addition, ITS Couriers does not transport, and Sender agrees to not tender for
shipment, commodities for which trade is restricted or prohibited by economic sanctions
and embargoes laws. For a current list of ITS Couriers countries and territories not served
go to ITS Couriers.com.
11.2 In addition, unless licensed or authorized by the relevant government agency or otherwise
permitted under applicable laws, ITS Couriers does not transport and Sender warrants that
it will not tender any Shipments to ITS Couriers if Sender or any of the parties involved in
the Shipment are listed on any of the lists of restricted parties published and maintained by:
the U.S. Department of the Treasury, Office of Foreign Assets Control; the U.S. Department
of Commerce, Bureau of Industry and Security; the U.S. Department of State, the United
Nations Sanctions Committees; the European Union Council; and any other relevant
authority. Sender also agrees and warrants that it will not attempt to ship to any entity
owned by any party, in the common ownership interest determined by the relevant listing
authority, subject to economic sanctions.
11.3 Sender shall identify any Shipments requiring any export control licenses, permits, or subject to
other pre-export regulatory controls and provide ITS Couriers with information and all
necessary documentation to comply with the applicable laws and regulations. Sender is
responsible at its own expense for determining applicable export licensing or permitting
requirements for a Shipment, obtaining any required licenses and permits, and ensuring
that the Recipient is authorized as required by the applicable laws and regulations of the
origin country, destination country, and any country(s) asserting jurisdiction over the goods.
Further, Sender is responsible for ensuring that the end-use or end-user of the items
shipped does not violate any specific control policies restricting certain types of exports,
re-exports and transfers of specifically enumerated items subject to the U.S. Export
Administration Regulations.

11.4 ITS Couriers assumes no liability to Sender or any other person for any loss or expense —
including, but not limited to, fines, penalties and/or the rejection, holding or destruction of
the Shipment — if Sender fails to comply with any export controls, sanctions or customs
laws, rules or regulations, or caused by actions undertaken by ITS Couriers to comply with
applicable laws and regulations. Sender also agrees to indemnify ITS Couriers for any loss
or expense – including, but not limited to, fines, penalties and/or the rejection, holding or
destruction of the Shipment – for Sender’s failure to comply with any export controls,
sanctions or customs laws, rules or regulations, or caused by actions undertaken by ITS
Couriers to comply with applicable laws and regulations.

12. Dangerous Goods
12.1 Identifying Dangerous Goods. “Dangerous goods” are items that, when transported, may
endanger people, animals, the environment, or the carrier. It is the Sender’s responsibility
to identify whether its Shipment contains dangerous goods as classified by the United
Nations Recommendations on the Transport of Dangerous Goods, the International Civil
Aviation Organization (ICAO), the European Agreement concerning the International
Carriage of Dangerous Goods by Road (ADR), the International Air Transport Association
(IATA), and applicable laws and regulations.
12.2 Destination Restrictions. There are limitations for dangerous goods Shipments to many
destinations. If Sender has questions regarding countries served, commodity restrictions by
country or service availability, contact ITS Couriers customer service.
12.3 Available Services. Certain dangerous goods Shipments must be accessible during transit by
flight and are categorized as “accessible dangerous goods”. “Inaccessible dangerous
goods” do not need to be loaded on a flight so they are accessible during transit. The
dangerous goods category may impact which Service can be used for shipping. ITS
Couriers is also required to maintain proper segregation of incompatible dangerous goods
on all vehicles and aircraft. This necessity may cause the Shipment to move on the next
available truck route or flight on which proper segregation can be maintained.
12.4 Additional Fees. There are special handling fees that apply to Shipments containing
dangerous goods. Surcharges are based on classification and type of special handling
required, including whether the items need to be accessible during transit.
12.5 Dangerous Goods Regulations. All Packages containing dangerous goods must comply with
all applicable laws and regulations, including the ICAO Technical Instructions for the Safe

Transport of Dangerous Goods by Air and the IATA Dangerous Goods Regulations.
Senders of dangerous goods must comply with all ITS Couriers variations listed in the
current edition of the IATA Dangerous Goods Regulations. Dangerous goods Shipments
subject to the ADR need special transport arrangements and the Sender must contact ITS
Couriers to make arrangements prior to shipping.
12.6 Lithium Batteries. ITS Couriers does not accept UN 3090 and UN 3480 lithium batteries
tendered as IATA Section II shipments; they must be tendered as fully regulated IATA
Section IA or IB. In addition, ITS Couriers does not accept waste batteries or batteries
being shipped for recycling or disposal, including damaged or defective batteries (see IATA
variation FX–04).
12.7 Shipment Preparation. The Sender is responsible for identifying, classifying, packaging,
marking, labelling and completing documentation for dangerous goods Shipments, in
compliance with all applicable international treaties, laws and regulations. The Sender is
also responsible for ensuring the Recipient complies with all applicable treaties, laws and
regulations. Each Shipment must be accompanied by appropriate dangerous goods
documentation (e.g. the IATA Shipper’s Declaration for Dangerous Goods form) when
required. As ITS Couriers does not provide pack-and-ship solutions for dangerous goods
Shipments, ITS Couriers may require Sender to hire a trained pack-and-ship vendor to
resolve a problem with a dangerous goods Shipment, in order for ITS Couriers to complete
delivery safely. Sender’s failure to prepare dangerous goods in accordance with this
Section may result in an undeliverable Shipment. The Sender must provide all required
information and complete all boxes pertaining to dangerous goods on the Air Waybill.
Senders utilizing electronic systems to ship dangerous goods must select, as appropriate to
the electronic system, the special services, handling or flag to indicate that their Shipment
contains dangerous goods. When using a paper Air Waybill rather than an electronic
shipping solution, dangerous goods can only be shipped internationally using the ITS
Couriers expanded service international Air Waybill.
12.8 Packaging. ITS Couriers packaging may not be used to ship dangerous goods (including dry
ice), with the exception of (a) permitted IATA Section II lithium batteries, which may be
shipped in ITS Couriers boxes and tubes, and (b) biological substances, Category B (UN
3373), which may be shipped in a ITS Couriers UN 3373 Pak, the ITS Couriers Clinical
Box, or any ITS Couriers TempAssure packaging.

12.9 Tender and Delivery of Dangerous Goods. Not all ITS Couriers locations accept dangerous
goods. Certain ITS Couriers locations do not accept specific classes of dangerous goods
and dangerous goods are not accepted to ship via all Transportation Services. ITS Couriers
reserves the right to refuse dangerous goods at any location where they cannot be
accepted in accordance with applicable law or at ITS Couriers’s discretion. If not dropped
off at a staffed location that accepts dangerous goods, the Shipment must be tendered to
ITS Couriers via a scheduled pickup at the customer location.

12.10 No Rerouting. Dangerous goods may not be rerouted to an address other than the original
intended Recipient’s address provided by the Sender.
12.11 Potential Sender Liability. Applicable laws or regulations may require ITS Couriers to
report improperly declared or undeclared Shipments of dangerous goods to the appropriate
regulatory or government authorities. The Sender may be subject to fines and penalties
under applicable law.
12.12 Section 19 (Money-Back Guarantee) is not applicable to Shipments of dangerous goods.

13. Customs Clearance
13.1 Shipments that cross national borders may be cleared through customs. The Sender is
responsible for making sure goods are shipped in compliance with all customs regulatory
requirements, for providing all documentation and information required for the clearance,
and for representing and warrantying that all statements and information it provides relating
to the goods and the clearance of the Shipment are and continue to be true, correct and
complete, including the appropriate Harmonized System Code. Shipments requiring
documentation in addition to an Air Waybill (e.g., a commercial invoice) may require
additional transit time. ITS Couriers reserves the right at ITS Couriers’s sole discretion to
charge Sender with any penalties, fines, damages or other costs or expenses, including
storage fees, resulting from an enforcement action by any competent government authority,
or by Sender’s failure to comply with the obligations hereby laid out.
13.2 The Sender is responsible at its own expense for making sure goods shipped internationally
are acceptable for entry into the destination country under the applicable laws and
complying with all licensing or permitting requirements when applicable.
13.3 The Sender may also be required to provide additional information to obtain clearance from
other regulatory agencies in the destination country prior to delivery to the Recipient.

Shipments that contain goods or products that are regulated by multiple government
agencies within other destination countries (such as the national agencies responsible for
food safety, public health protection, pharmaceuticals, medical products, plant and animal,
wild life products, telecommunication and other electronic equipment standards, and
comparable agencies) may require additional time for clearance. All charges for sending to
and return from countries where entry is not permitted will be charged to the Sender.
13.4 When shipments are held by customs or other agencies due to incorrect or missing
documentation, ITS Couriers may attempt to notify the Recipient. If local law requires the
correct information or documentation to be submitted by the Recipient and the Recipient
fails to do so within a reasonable time as ITS Couriers may determine, the Shipment may
be considered undeliverable subject to applicable laws (see Section 18 (Undeliverable
Shipments)). If the Recipient fails to supply the required information or documentation and
local law allows the Sender to provide the same, ITS Couriers may attempt to notify the
Sender. If the Sender also fails to provide the information or documentation within a
reasonable time as ITS Couriers may determine, the Shipment will be considered
undeliverable subject to applicable laws. ITS Couriers assumes no responsibility for its
inability to complete a delivery due to incorrect or missing documentation, whether or not
ITS Couriers attempts to notify the Recipient or Sender.

13.5 Where permissible by local law or unless instructed otherwise (e.g. via “ITS Couriers
International Broker Select”, described below), ITS Couriers will provide customs clearance
of international Shipments. ITS Couriers will submit the Shipment information to customs
and other regulatory agencies for clearance. ITS Couriers may charge a clearance service
fee, where applicable, on international Shipments for clearance processing, for disbursing
duties and taxes to a customs agency on behalf of the payer, for Services requested by the
Sender, Recipient or third party, or to recover the costs passed to ITS Couriers by the
regulatory agency for regulatory filing. The types and amounts of fees vary by country. See
https://www.ITS Couriers.com/en-nl/ancillary-clearance-service.html for a list of clearance
service fees in the destination country.
13.6 ITS Couriers will act as agent for Sender or Recipient (as applicable) solely for the purpose of
clearing and entering the Shipment through customs. When applicable and appropriate,
Sender shall authorize ITS Couriers, or the broker designated by ITS Couriers, to make and
file customs declarations and all related actions as a direct representative, in the name of

and on behalf of and at the risk of the Sender or Recipient. Sender shall ensure Recipient
authorizes ITS Couriers in accordance with this provision, when applicable.
13.7 ITS Couriers will not disburse or bill any duties and taxes if the Broker Select Option has been
selected at the time of booking. Commodity acceptability and restrictions when using ITS
Couriers International Broker Select vary by country.
13.8 In some instances, at the discretion of ITS Couriers, ITS Couriers may accept instructions to
use a designated customs broker other than ITS Couriers (or the broker selected by ITS
Couriers) or the broker designated by the Sender. In any event, ITS Couriers (or the broker
selected by ITS Couriers) reserves the right to clear the Shipment if the broker cannot be
determined or will not perform clearance, or if complete broker information is not provided
to ITS Couriers (including name, address, phone number and postal code).
13.9 For Shipments that must be cleared through customs by the Recipient, ITS Couriers will
deliver the customs paperwork to the Recipient, and delivery of paperwork constitutes
timely delivery.

14. Duties and Taxes
14.1 In order to complete clearance of certain items through customs, ITS Couriers may disburse
duties and taxes as assessed by customs officials on behalf of the payer and assess a
surcharge for doing so. For all Shipments, ITS Couriers may contact the payer and require
confirmation of reimbursement arrangements as a condition to completion of clearance and
delivery, and at the discretion of ITS Couriers, require payment of duties and taxes before
release of the Shipment to the Recipient. Contact ITS Couriers customer service for further
details.
14.2 ITS Couriers only provides estimates of customs duties and taxes through the estimate duties
and taxes feature on ITS Couriers.com. Final duties and taxes may vary.
14.3 In the event the accuracy or propriety of duties and taxes assessed on a Shipment is disputed,
ITS Couriers or its designated broker may review the shipping documents tendered with the
Shipment. If ITS Couriers determines that the duties and taxes were properly assessed, the
Sender agrees to pay the duties and taxes or the Sender undertakes that the Recipient
pays, as applicable.
14.4 In the event ITS Couriers disburses duties, taxes or other fees to a customs agency, on behalf
of the payer, the payer will be assessed a clearance service fee based on a flat rate or a

percentage of the total amount advanced. This clearance service fee will vary depending
upon the destination country. For more information on the clearance service fee charged,
see ITS Couriers.com/ancillary/go/service.
14.5 If the Sender fails to designate a payer on the Air Waybill, duties and taxes will automatically
be billed to the Recipient where allowed. “Bill Sender Duties and Taxes” and “Bill Third
Party Duties and Taxes” are options available only for deliveries to specified locations.
Contact ITS Couriers customer service for further details.
14.6 Regardless of any payment instructions to the contrary, the Sender is ultimately responsible for
payment of duties and taxes and all fees and surcharges related to ITS Couriers’s
disbursement of duties and taxes if payment is not received. If a Recipient or a third party
from which reimbursement confirmation is required refuses to pay the duties and taxes
upon request, ITS Couriers may contact the Sender, for the same. If the Sender refuses to
make satisfactory arrangements to reimburse ITS Couriers, the Shipment may be returned
to the Sender (in which case, Sender will be responsible both for original and return
charges) or placed into a temporary storage, general order warehouse or a
customs-bonded warehouse or considered undeliverable. If Transportation Charges for a
Shipment are billed to a credit card, ITS Couriers reserves the right to also settle
uncollected duties and taxes charges associated with that Shipment to the credit card
account.
14.7 Subject to the options available at specified locations, if ITS Couriers cannot obtain satisfactory
confirmation of arrangements to reimburse it for amounts to be disbursed for duties and
taxes, a Shipment might be delayed. Such delays, or any other failure to comply with these
Conditions, constitute liabilities not assumed and not Service Failures. Accordingly, they are
not covered by the Money-Back Guarantee (see Section 19 (Money-Back Guarantee) and
Section 21 (Liabilities Not Assumed)).
14.8 Payment for duties and taxes will be made by one of the following means at the sole discretion
of ITS Couriers: cash, check (personal or business, provided valid identification is offered),
credit card, money order, traveler’s check, or debit or deferment account. ITS Couriers
does not accept prepayment of duties and taxes.
14.9 ITS Couriers assumes no responsibility for Shipments abandoned in customs, and such
Shipments may be considered undeliverable.

15. Routing
ITS Couriers determines the routing of all Shipments. The routing may change from time to time
without notice. ITS Couriers cannot disclose its route details or detailed network security
measures, in order to protect the goods travelling therein. Audits on ITS Couriers network
locations or vehicles are also therefore not allowed, unless there is a statutory or legal
requirement.

16. Delivery
16.1 Except for the FICP Shipments referenced in Section 16.2 below, all Shipments are delivered to
the Recipient’s address subject to Sections 16.8, 16.9 and 16.10 below. There is no
obligation to deliver a Shipment to the Recipient personally. ITS Couriers may deliver a
Shipment to the Recipient or any other person appearing to have authority to accept
delivery of the Shipment on Recipient’s behalf. Shipment addresses should always include
the complete address of the Recipient, their telephone number and email address.
16.2 Where permitted by applicable laws and regulations, ITS Couriers reserves the right to, at its
sole discretion, redirect any FICP Shipment to a pick-up location determined by ITS
Couriers, including prior to any delivery attempt. In case of redirection, consumer-Recipient
will be made aware of the pick-up location and other relevant pick-up information through a
door tag or an automated notice sent to consumer-Recipient’s mobile device or email
address (where such contact information has been provided by Sender to ITS Couriers in
accordance with applicable laws and regulations).
16.3 Post office box addresses may be used for certain international locations, provided that the
Sender provides ITS Couriers with the Recipient’s telephone number in order to facilitate
delivery.
16.4 ITS Couriers will not be liable in any circumstances for any claim, which relates to seizure or
detention of goods in the course of transit by Customs or other government authorities.
16.5 Shipments to hotels, hospitals, government offices or installations, university campuses or other
facilities which have a mail room or central receiving area may be delivered to the mail
room or central receiving area, unless stated or agreed otherwise by ITS Couriers prior to
shipping.
16.6 ITS Couriers will treat any requested change to an address that is not a reroute or an address
correction as a new Shipment, and new Transportation Charges may apply.

16.7 Saturday delivery, if available, will be subject to a special handling fee in those countries where
Saturday is not a regular Business Day.
16.8 ITS Couriers may refuse to pick up or deliver a Shipment, or use alternative pickup or delivery
arrangements, to maintain the safety of its employees or in cases in which ITS Couriers
believes that its Services may be used in violation of any applicable laws, regulations or
rules.
16.9 Delivery Instructions from Sender: Delivery Signature Options.
a. ITS Couriers offers “Delivery Signature Options”, which may be selected by the Sender at the time
of completing the Air Waybill, from and to selected countries and territories, and for certain
Transportation Services (see ITS Couriers.com or contact ITS Couriers customer service
for further details).
b. The Sender acknowledges that the Delivery Signature Options selected by the Sender may relate,
but are not limited, to: (i) release of a Shipment without a signature for delivery; (ii) delivery
to a neighbour, doorman, building manager or similar; (iii) release of a Shipment only to a
legal adult at the delivery address; (iv) or any combination of the foregoing instructions.
Selection of a Delivery Signature Option by the Sender will take precedence over any
additional delivery instructions received from the Recipient.

c. Additional surcharges may apply in respect of Delivery Signature Options. See Section 4 (Fuel and

other Surcharges).

d. In the event the Sender does not select a Delivery Signature Option, ITS Couriers will follow its

standard delivery procedures.
16.10 Delivery Instructions from Recipient: B2C Shipments.
a. At selected locations, ITS Couriers may deliver B2C Shipments in accordance with additional
instructions received by ITS Couriers from the Recipient. The Sender expressly
acknowledges and agrees that those instructions can alter the originally agreed delivery
instructions or Delivery Commitment Time originally agreed between ITS Couriers and
Sender.
b. The Sender acknowledges and agrees that the instructions from the Recipient may relate, but are
not limited, to: (i) postponing the delivery time; (ii) delivering to a neighbour, doorman or
receptionist; (iii) delivering to another address or another person, provided such other
address is within the same country as stated on the Air Waybill; (iv) providing instructions

as to where to leave the B2C Shipment without obtaining a signature for delivery; (v)
leaving the B2C Shipment at a pick-up point (e.g. a retail location); or (vi) any combinations
of the foregoing instructions. In case of annulment of (part of) the carriage before delivery
by Sender and / or Recipient all Charges remain due and owed to ITS Couriers.
c. ITS Couriers may change the availability of delivery options for B2C Shipments from time to time,
depending on geographical and other limitations. For further information on delivery option
availabilities and conditions see ITS Couriers.com.

d. Section 19 (Money-Back Guarantee) is not applicable to B2C Shipments for which the Recipient

has provided additional delivery instructions in accordance with this provision.

e. Should a Recipient provide additional delivery instructions for other than B2C shipments, then the

Sender acknowledges and agrees to be bound by this Section 16.

17. Redelivery
17.1 Business Deliveries. ITS Couriers will re-attempt delivery either automatically or upon
request if: (a) no one at the Recipient address is available to sign for the Shipment and
there is no signature release on file; (b) the Sender has selected a ITS Couriers Delivery
Signature Option and no eligible Recipient is available to sign for the Shipment; or (c) ITS
Couriers determines that it may hold the Shipment. If the Business Delivery has not been
delivered after three attempted deliveries and/or after being held for five Business Days
from the date of first delivery attempt and, where applicable, has cleared customs in the
destination country, it will be considered undeliverable (see Section 18 (Undeliverable
Shipments)).
17.2 Residential Deliveries and B2C Shipments. If a Residential Delivery cannot be completed
on the initial attempt at the Recipient address or a neighboring address when the Sender or
Recipient selected a ITS Couriers Delivery Signature Option, ITS Couriers may, at its
discretion, either re-attempt delivery, hold the Shipment until receiving further delivery
instructions from the Sender or Recipient, or deliver to a location to be determined by ITS
Couriers. If a Residential Delivery cannot be delivered through a re-attempt(s), the Sender
or Recipient does not provide further delivery instructions, or ITS Couriers cannot facilitate
delivery to another location to be determined by ITS Couriers, the Shipment may be
considered undeliverable (see Section 18 (Undeliverable Shipments)).

18. Undeliverable Shipments
18.1 An undeliverable Shipment is one that cannot be delivered for reasons that include, but are not
limited to, any of the following: (a) the Recipient’s address is incomplete, illegible, incorrect
or cannot be located, (b) the Recipient of a Shipment cannot be contacted or the Recipient
fails to retrieve the Shipment, (c) the Shipment was addressed to an area not served by ITS
Couriers, (d) the Recipient’s place of business is closed (e) delivery is impossible because
of the unavailability or refusal of an appropriate person to accept delivery or sign for
delivery of the Shipment, (f) the Shipment is unable to clear customs, (g) the Shipment
would likely cause damage or delay to other Shipments or property, or injury to persons, (h)
the Shipment contains Prohibited Items, (i) the Recipient is unable or refuses to pay for a
Bill Recipient Shipment, (j) the Shipment was improperly packaged, (k) the Shipment’s
contents or packaging are damaged to the extent that re-wrapping is not possible, (l) the
Shipment is in violation of U.S. or other applicable export control or sanctions laws or
regulations, including but not limited to, being sent from or addressed to a restricted party
or location, or (m) any of the reasons set forth in Sections 17 (Redelivery).
18.2 If a Shipment is undeliverable for any reason, ITS Couriers shall attempt to notify the Sender to
arrange for the return of the Shipment, without prejudice to any local regulatory constraints.
If the Sender cannot be contacted within five Business Days or fails to give instructions
within a reasonable period of time, ITS Couriers may return the Shipment to the Sender; or
place the Shipment in temporary storage, a general order warehouse or customs-bonded
warehouse or dispose of the Shipment in accordance with local law. If a Shipment cannot
be delivered, cleared through customs or returned, the Shipment may be transferred or
disposed of by ITS Couriers in accordance with local law. The Sender will be liable for any
and all costs, Charges and fees incurred in returning, storing or disposing of an
undeliverable Shipment, unless the Shipment was undeliverable due to the fault of ITS
Couriers.
18.3 Shipments that cannot be returned due to local regulatory constraints will either be placed in
temporary storage, a general order warehouse or a customs-bonded warehouse or
disposed of in accordance with local law. The Sender agrees to pay any costs incurred by
ITS Couriers in such placement or disposal.

18.4 Return Charges will be assessed to the Sender together with the original Charges, unless the
Shipment was undeliverable due to the fault of ITS Couriers. Also included will be any other
Charges incurred by ITS Couriers in the process of the return. For return of undeliverable

Shipments containing dangerous goods, the Sender must supply a completed return Air
Waybill and all other required documents.

19. Money-Back Guarantee
ITS Couriers offers a money-back guarantee for certain Transportation Services, subject to these
Conditions. This money-back guarantee can be suspended, modified or revoked by ITS
Couriers at any time and without prior notice to either the Sender or Recipient. Such
suspension, modification or revocation applies to Shipments tendered to ITS Couriers after
that date. Details on the current status of the money-back guarantee are available on ITS
Couriers.com.
19.1 Money-Back Guarantee.
a. In the event of a Service Failure and upon request, ITS Couriers will, at ITS Couriers’s option,
either refund or credit to the applicable invoice the payer’s Transportation Charges, subject
to the limitations set out below.
b. ITS Couriers’s money-back guarantee applies to selected Transportation Services. An overview of
the Transportation Services covered by ITS Couriers’s money-back guarantee from time to
time is available on ITS Couriers.com under “service news”.

c. If a Sender tenders Packages that exceed the number, type, size or weight of Packages tendered
on average for the location by the Sender throughout the year, ITS Couriers may accept
such Packages but suspend the money-back guarantee or adjust commitment times.
d. In the event of a Service Failure this money-back guarantee is Sender’s exclusive remedy for the
recovery of all or any portion of the Transportation Charges for a Shipment. If the
money-back guarantee is suspended, there are no delivery commitments for affected
Shipments and thus no remedy or recovery of Transportation Charges for what otherwise
would constitute a Service Failure.
19.2 Limitations. The following limitations apply:
a. Only one refund or credit is permitted per Package. In the case of multiple-piece Shipments, this
money-back guarantee applies to each Package in the Shipment. If a Service Failure
occurs for any Package within the Shipment, a refund or credit will be given only for the
portion of the Transportation Charges applicable to that Package.

b. A credit or refund under the money-back guarantee policy will be applied only against
Transportation Charges for the Shipment giving rise to the credit. The money-back
guarantee does not apply to duties, taxes or any other Charges not being Transportation
Charges.

c. If a delivery later than the original Delivery Commitment Time is requested by the Sender before
the first delivery attempt is made, the Delivery Commitment Time for application of the
money-back guarantee policy will be adjusted to account for the requested delivery date or
time.

d. National or public holidays at the pickup location and at the destination location may affect transit
times. The delivery commitment for application of the money-back guarantee will be
extended for a period equal to the length of the holiday. The ITS Couriers International
Holiday Schedule is available at ITS Couriers.com; however, local or regional holidays of a
country also can affect transit times.

e. For Shipments scheduled for delivery during the seven calendar days before Christmas Day, the
delivery commitment for application of the money-back guarantee is extended to the end of
the day on the published delivery commitment date for the selected service and destination.
f. For ITS Couriers Europe First Shipments (for which a delivery fee applies in addition to the ITS
Couriers International Priority rate), ITS Couriers will, upon request, refund or credit to the
applicable invoice:
i. the ITS Couriers Europe First delivery fee, but not the Transportation Charges, in the event of a
Service Failure for a ITS Couriers Europe First Service; or
ii. the Transportation Charges in addition to the ITS Couriers Europe First delivery fee, in the event
of a Service Failure for a ITS Couriers International Priority Service.

All restrictions and limitations set out under this money-back guarantee Section otherwise equally

apply to the ITS Couriers Europe First Service.

g. If the Sender chooses to leave a Shipment at either a ‘ITS Couriers Authorized Ship Center’ or a
‘ITS Couriers Drop Box’ the Delivery Commitment Time will commence when the Shipment
is collected by ITS Couriers from the ITS Couriers Authorized Ship Center or ITS Couriers
Drop Box as applicable. Details of the applicable cut off times in force can be found at the
ITS Couriers Authorized Ship Center or ITS Couriers Drop Box as applicable.

19.3 Exclusions. This money-back guarantee does not apply, and ITS Couriers will not be
obligated to refund or credit Transportation Charges, if:

a. ITS Couriers furnishes proof of timely delivery, consisting of the date and time of delivery and, if

applicable, the name of the person who signed for the Shipment.
b. The Service Failure resulted, in whole or in part, from any of the circumstances described in
Section 14.7 (Duties and Taxes) or Section 21 (Liabilities not Assumed).

c. The payer’s ITS Couriers Account Number was not in good credit standing, or payment instructions

were invalid.

d. Incorrect ITS Couriers tracking numbers were applied to the subject Package or Shipment by

customers using ITS Couriers electronic shipping devices.

e. The Shipment contained, even if such Shipment is expressly accepted by ITS Couriers, dangerous

goods or dry ice.

f. The Shipment was delayed due to customs or other regulatory requirements, including but not
limited to, any delays resulting from compliance with advance notice or prior notice
requirements.

g. The delay in delivery was caused by adherence to ITS Couriers policies regarding the payment of

duties and taxes prior to customs clearance or at delivery.
h. The Shipment was sent to a post office box address acceptable for delivery.
i. The Recipient provided delivery instructions to ITS Couriers, in accordance with Section 16.9
(Delivery Instructions from Recipient: B2C Shipments).

j. The Shipment was delayed due to incorrect, incomplete or inaccurate Recipient information, or the
unavailability or refusal of an appropriate or eligible person to accept delivery or sign for the
Package.
k. The Shipment was undeliverable (see Section 18 (Undeliverable Shipments)) or returned.
l. It regards a request for invoice adjustment based on overcharges.
m. The Sender or Recipient specifies a customs broker other than ITS Couriers or the ITS Couriers
designated broker in case of ITS Couriers International Broker Select shipments.
19.4 Refund or Credit Requests. Failure to comply with any of the following conditions, including
providing notice in the manner and within the stated time limits, will result in the denial of

Sender’s refund or credit request, as a consequence of which Sender cannot recover
compensation for a Service Failure:

a. Time Limits for Notice of a Request. ITS Couriers must receive notice of a request for a refund
or credit of Transportation Charges via one of the approved channels within 15 days after
the invoice date (or the ship date if paid for up front).
b. Required Information. All notices of a Service Failure must include Sender’s ITS Couriers
Account Number, if any; the Air Waybill or ITS Couriers tracking number; the date of the
Shipment and complete and accurate Recipient information.

c. Methods of Request Submission. The payer may request a refund or credit of Transportation
Charges due to a Service Failure by email, ITS Couriers.com, or by calling ITS Couriers
customer service. Methods may vary based on Shipment location. Any deviation from these
methods of request submission will not be considered valid. For example, partial payment
against an invoice is not considered a request for an invoice adjustment or notice of a
refund request.

20. Limits of Liability
20.1 Standard Limit of Liability for Transportation Services. ITS Couriers’s liability for loss,
damage or delay in connection with the provision of Transportation Services will be limited
to the amount provided by the applicable Convention (unless the Sender declares a higher
value for carriage and pays the required fee as per Section 20.3 and 20.4). ITS Couriers
will also apply such limit to all claims arising out of the provision of domestic Transportation
Services in the absence of any mandatory or lower liability limits in the applicable national
transport laws (unless the Sender declares a higher value for carriage and pays the
required fee as per Section 20.3 and 20.4). ITS Couriers’s liability for proved loss, damage,
delay or any other claim in connection with the Shipment will in any event not exceed the
Shipment’s repair cost, its depreciated value or its replacement cost, whichever is less. ITS
Couriers is entitled to require independent proof of the value of the contents of a Shipment
for which a claim is made.

20.2 Limits of Liability for Other Claims. If not governed by Section 20.1 (Standard Limit of
Liability for Transportation Services), ITS Couriers’s liability for loss, damage, delay or any
other claim in connection with the provision of Ancillary Services, or other breach of
contract is limited to 3.40 Euros per kilogram, in all cases not exceeding a maximum liability
of 10,000 Euros per event or series of connected events.

20.3 Maximum Liability: Declared Value for Carriage. ITS Couriers does not provide a cargo
all-risks insurance, but the Sender may elect to pay an additional charge to specify a
Declared Value for Carriage on the Air Waybill, above the limits stated in the preceding
Sections 20.1 and 20.2. If the Sender makes such an election, the following conditions
apply:

a. The Declared Value for Carriage represents ITS Couriers’s maximum liability in connection with the
Shipment and cannot be greater than the Declared Value for Customs stated on the Air
Waybill.
b. Exposure to and risk of any loss in excess of the Declared Value of Carriage is assumed by the
Sender.

c. A fee will be assessed for each US$100 (or fraction thereof) by which the Declared Value for
Carriage exceeds the otherwise applicable standard limits of liability, as set out above, up
to the maximum amounts set out below. The Sender should refer to the ITS Couriers rate
sheets in effect at the time of Shipment, or call ITS Couriers for more information on the
additional charge.

d. Regardless the Declared Value for Carriage, ITS Couriers’s liability for proved loss, damage, delay
or any other claim in connection with the Shipment will not exceed the Shipment’s repair
cost, its depreciated value or its replacement cost, whichever is less. ITS Couriers is
entitled to require independent proof of the value of the contents of a Shipment for which a
claim is made.

e. The maximum Declared Value for Customs and Carriage is limited, may vary per location, and is
not offered in all countries and territories. The maximum Declared Value for Customs for
the contents of a ITS Couriers Envelope or ITS Couriers Pak, regardless of destination, is
US$500 per Shipment. The maximum Declared Value for Carriage for the contents of a ITS
Couriers Envelope or ITS Couriers Pak, regardless of destination, is US$100 per Shipment.
Goods with an actual or declared value exceeding these amounts should not be shipped in
a ITS Couriers Envelope or ITS Couriers Pak.

f. Unless otherwise specified by ITS Couriers, the maximum Declared Value for Carriage is
US$50,000 per Shipment, except for Freight Transportation Services, which have a
maximum Declared Value for Carriage limit of US$100,000 per Shipment.

g. No compensation is available for (i) losses of a consequential nature, or (ii) delays or loss arising

as a result of the Sender’s breach of its obligations under these Conditions.

h. No compensation is available for losses relating to Ancillary Services.
i. Any attempt to declare a value for carriage or customs in excess of the maximum amounts allowed
in these Conditions is null and void. Such declared value automatically will be reduced to
the authorized limits for the Shipment. ITS Couriers’s acceptance for carriage of any
Shipment bearing a declared value in excess of the maximum amounts allowed does not
constitute a waiver of any provision of these Conditions. ITS Couriers cannot honor
requests to change the declared-value information on the Air Waybill after tender to ITS
Couriers.

j. When the Sender has not specified the Declared Value for Carriage of each individual Package on
the Air Waybill but has specified a total declared value for the Shipment as a whole, the
declared value of each Package will be determined by dividing the total declared value by
the number of Packages on the Air Waybill. In no event may the declared value of any
Package in a Shipment exceed the declared value of the Shipment.

20.4 Unique Items. ITS Couriers’s liability for Shipments containing Unique Items, whether in whole
or in part, is limited to a maximum Declared Value for Carriage of US$1,000 per Shipment
or the limit set by the relevant Convention for carriage of goods, whichever is greater.

21. Liabilities Not Assumed
21.1 ITS Couriers assumes no liability for:
a. Subject to further limitations set out in these Conditions, any damages in excess of the Declared
Value for Carriage (as limited by Section 20.3 (Maximum Liability: Declared Value for
Carriage)) or the limitation of liability as set forth in the applicable Convention or, for
Shipments from and between specified locations within one country, by the applicable
mandatory local law, whichever is greater, whether or not ITS Couriers knew or should have
known that such damages might be incurred;
b. Special, incidental, consequential or indirect loss or damage, including to costs of alternative
transport, loss of income, revenue, use or profits, anticipated savings, goodwill or loss of
opportunity; and

c. Losses or delays in certain circumstances set forth in Section 19.3 (Money-Back Guarantee –

Exclusions).

21.2 Sender assumes all exposure to and risk of any loss, damage or delay beyond that expressly
assumed by ITS Couriers in these Conditions. The Sender should arrange for its own
insurance cover if desired. ITS Couriers does not provide insurance cover.

21.3 ITS Couriers assumes no liability, nor will ITS Couriers make any adjustment, refund, or credit
of any kind for, any loss, damage, delay, mis-delivery, non-delivery, misinformation or failure
to provide information, caused by or resulting from any of the following events (not an
exhaustive list):

a. the act, default, or omission of the Sender, Recipient or any other party with an interest in the

Shipment;
b. the nature of the Shipment or any defect, characteristic or inherent vice or fragility thereof;
c. violation of these Conditions, or other terms and conditions applicable to the Shipment including
shipping a Prohibited Item, dangerous goods, the incorrect declaration of the cargo,
securing, marking or addressing of Shipments;

d. violation of U.S. or other applicable export control or sanctions laws and/or regulations;
e. fines, penalties, or other financial sums levied against Sender or Recipient by any regulatory

authority or third party;

f. any events beyond the control of ITS Couriers including a pandemic or epidemic, perils of the air,
public enemies, public or regulatory authorities acting with apparent or actual authority, acts
or omissions of customs officials, riots, strikes or anticipated strikes, or other local disputes,
civil commotion, hazards incident to a state of war or weather conditions, or national,
international or local disruptions in air or ground transportation networks, criminal acts of
any person(s) or entities including acts of terrorism, natural disasters, disruption or failure of
communication and information systems (including ITS Couriers systems), mechanical
delay or conditions that present a danger to ITS Couriers personnel;

g. improper or insufficient packing, including the Sender’s failure to use packaging approved by ITS
Couriers where such approval is sought, recommended or required. In particular,
computers, electronics, fragile items and alcohol must be packaged in accordance with ITS
Couriers guidelines, available on ITS Couriers.com. Provision of packaging, or advice,
assistance or guidance on the appropriate packaging of Shipments by ITS Couriers does
not constitute acceptance of liability by ITS Couriers, unless ITS Couriers expressly states
otherwise in writing;

h. compliance with verbal or written delivery instructions from the Sender, Recipient or persons
claiming to represent the Sender or Recipient;
i. delay in delivery caused by adherence to ITS Couriers policies regarding the payment of Charges;
j. the inability of ITS Couriers to provide a copy of the delivery record or a copy of the signature

obtained at delivery;
k. the erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other
storage media, or erasure or damage of photographic images or soundtracks from exposed
film;
l. ITS Couriers’s failure to honor “package orientation” graphics (e.g., “UP” arrows, “THIS END UP”
markings);
m. ITS Couriers’s failure or delay to notify the Sender or Recipient of any delay, loss or damage to a
Shipment, incomplete, incorrect or inaccurate Recipient’s or customs broker’s address,
incorrect, incomplete or missing documentation, or non-payment of duties and taxes
necessary to release a Shipment;
n. loss of or damage to any individual item for which ITS Couriers has no verifiable record of receipt,
including in circumstances where, at the time of providing the Shipment to ITS Couriers,
goods have been pre-loaded into a trailer, palletised or packaged in such a way that the
number of items or contents of the Shipment cannot reasonably be checked;

o. the loss of any personal or financial information, including social security numbers, dates of birth,
driver’s license numbers, credit or debit card numbers and financial account information;
p. the Sender’s failure to delete all Shipments entered into a ITS Couriers shipping system or device
when the Shipment is not tendered to ITS Couriers;

q. damages indicated by any shockwatch, tiltmeter or temperature instruments; and
r. failing to meet the Delivery Commitment Time for any Shipments with an incomplete or incorrect
address (see Section 18 (Undeliverable Shipments)).

21.4 If ITS Couriers is not liable, including for any liability that exceeds the liability expressly
assumed by ITS Couriers in these Conditions, the Sender will be liable and agrees to
indemnify ITS Couriers and hold ITS Couriers harmless for any damage caused by the
Shipment to ITS Couriers or to a third party or from any claim by a third party, notably the
Recipient.

21.5 Any payment made by ITS Couriers pursuant to a claim of the Sender or of a third party will
not be deemed to constitute an acceptance of liability, nor constitute a waiver of the
provisions contained in this Section 21.

22. No Warranties
Save as expressly set out herein ITS Couriers makes no warranties, express or implied.

23. Claims
ITS Couriers will only accept submission of a claim relating to a Shipment, other than a Service
Failure (see Section 19 (Money-Back Guarantee)), if the claimant complies with any
applicable Convention and the following procedure, failing which no claim may be brought
against ITS Couriers:

23.1 Providing Notice of a Claim. All claims must be notified to ITS Couriers within the following

time limits:

a. Claims due to damage (visible or concealed), delay (including spoilage claims) or missing contents,
within 5 days after delivery of the Shipment. Receipt of the Shipment by the Recipient
without such notice of damage on the delivery receipt is prima facie evidence that the
Shipment was delivered in good condition.
b. All other claims, including claims for loss, non-delivery or mis-delivery, within nine months after the
Shipment was handed over to ITS Couriers.

All such claims must be notified either at the moment of delivery on the applicable delivery record, via

ITS Couriers.com or by contacting ITS Couriers customer service.

23.2 Required information. All notices of claim must include complete Sender and Recipient
information, as well as the ITS Couriers tracking number, date of Shipment, number of
pieces, and Shipment weight. Within nine months after the Shipment was handed over to
ITS Couriers, the claim must be completely documented by sending all relevant supporting
documentation to ITS Couriers (e.g. purchase invoices, estimates for repair). As a
pre-condition for ITS Couriers considering any claim for damage, the Recipient must make
the contents, original shipping cartons and packaging available for inspection by ITS
Couriers, either at the Recipient’s premises or at a ITS Couriers facility, until the claim is
concluded.

23.3 Limitations. ITS Couriers is not obligated to act on any claim until all Charges have been paid;
the claimant cannot deduct the claim amount from those Charges. Only one claim can be
filed in connection with a Shipment. Acceptance of payment of a claim will extinguish any
right to recover further damages or to claim further compensation in connection with that
Shipment. Senders or Recipients whose Packages were tendered to ITS Couriers through
a package consolidator do not have any right to legal or equitable relief against ITS
Couriers.

23.4 Legal Actions. The right to claim damages for an action arising out of carriage from ITS
Couriers will be barred unless the claim is brought before an authorized court within two
years from the actual date of delivery (in case of damage, shortage or delay) or the
expected date for delivery (in case of loss, non-delivery, or mis-delivery), or within any
applicable statute of limitations, whichever is shorter.

24. Subcontracting
ITS Couriers reserves the right to subcontract the whole or part of any of the Services.

25. Data Protection
25.1 Terms such as ‘controller’, ‘personal data’, ‘data subject’ and ‘processing’ shall have the
meaning ascribed to them in the General Data Protection Regulation (EU) 2016/679
(“GDPR”) and any other data protection laws and regulations that apply to the processing of
any personal data (“Personal Data”) under these Conditions (collectively “Data Protection
Law”).

25.2 ITS Couriers and Sender acknowledge that they are both controllers in their own right with
respect to the processing of any Personal Data by or between parties under these
Conditions.

25.3 In relation to the processing of any Personal Data under these Conditions, Sender represents
to have complied with Data Protection Law, including providing the data subjects with the
information in accordance with Data Protection Law, providing the information as contained
in the ITS Couriers Privacy Notice at ITS Couriers.com and obtaining a legal ground in
accordance with Data Protection Law, such as the performance of the contract, legitimate
interests or consent.

25.4 Sender indemnifies ITS Couriers in respect of all costs, claims, damages and expenses
suffered or incurred by ITS Couriers in connection with Sender’s failure to comply with this
Section 25.

25.5 Sender represents that the legal ground as set out under Section 25.3 (also) allows any
transfer of Personal Data to ITS Couriers, its affiliates, branches, counsels, auditors or any
third parties engaged by ITS Couriers to perform its obligations to Sender under these
Conditions in any country both inside and outside of the European Economic Area (“EEA”).
25.6 Any transfer of Personal Data from Sender to ITS Couriers, or vice versa, from the EEA or
Switzerland to a country outside of the EEA or Switzerland is subject to the standard
contractual clauses controller-to-controller (Decision (EU) 2021/914 – Module I) (“SCCs”)
as meant in article 46(2)(c) GDPR, which are available here:
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32021D0914&from=EN.
For this purpose, the SCCs are fully incorporated into these Conditions by reference. By
accepting these Conditions, parties (a) are deemed to have signed the SCCs (b) agree to
the full content of the SCCs and (c) shall comply with the conditions therein and (d) agree
that any change or subsequent Decision and/or URL applies and replaces the Decision
and/or URL as referred to in this Section 25.6. Under the SCCs, ITS Couriers as controller
will act as data exporter, also on behalf of its affiliates, and Sender as controller will act as
data importer, or vice versa where applicable. The foregoing is without prejudice to the right
of ITS Couriers to solely decide to use another appropriate transfer mechanism in
accordance with Data Protection Law. The Personal Data transferred may include individual
Senders’ and Recipients’ contact details, such as names and addresses, necessary to
enable the efficient provisioning of ITS Couriers’s Services, such as the delivery of
Packages and enabling track and trace functionalities, as further or otherwise set out in
these Conditions and in accordance with the Annexes of the SCCs.

25.7 If the Court of Justice of the European Union, local supervisory authority or similar

governmental authority determines that any of the Conditions under this Section 25 and/or
the SCCs shall not or no longer be a lawful method to facilitate transfers of Personal Data
outside of the EEA or Switzerland, parties shall negotiate in good faith an alternative
method to facilitate such transfers in a lawful manner.

26. Entire Agreement

These Conditions represent the entire agreement between the parties and, subject to Section 1
(Application), prevail over any other terms or conditions, oral or written. These Conditions
cannot be overridden except by express agreement in writing between the parties.

27. Assignment
Neither the rights nor the duties of either party under these Conditions may be assigned or delegated
without the prior written consent of the other party, except that ITS Couriers may assign all
or any part of its rights and delegate its duties under these Conditions to any of its affiliates.
Without limiting the foregoing, these Conditions are binding upon and inure to the benefit of
the parties and their permitted successors and assigns.

28. Non-Waiver
Any failure by ITS Couriers to enforce or apply a provision of these Conditions does not constitute a
waiver of that provision and does not otherwise impair ITS Couriers’s right to enforce such
provision.

29. Mandatory Law
These Conditions do not exclude any liability where the exclusion of that liability is prohibited by law.
Insofar as any provision contained or referred to in these Conditions may be contrary to any
applicable mandatory international treaty, local law, government regulations, orders, or
requirements, such provision will be limited to the maximum extent permitted and, as
limited, will remain in effect as part of the agreement between ITS Couriers and the Sender.
The invalidity or unenforceability of any provision will not affect any other part of these
Conditions.

30. Governing Law and Jurisdiction
Save as provided by any applicable Convention, these Conditions and any disputes arising from or
related to Services performed by ITS Couriers pursuant thereto are subject to the laws and
the courts of the country or territory where the Shipment is accepted by ITS Couriers for
performance of the Services.