HubEurope Ltd – Terms and Conditions (“Terms”)
These Terms apply to the carriage of parcels in the United Kingdom through HubEurope Ltd. HubEurope Ltd is a trading name of HubEurope Ltd whose registered office address is Bond Street Chambers, 1 Bond Street, St Helier, Jersey, JE2 3NP.
Please read these Terms very carefully and particularly clauses 3, 7, 9, and 10 which set out the extent of our liability under these Terms and provide for an indemnity by You in certain circumstances.
By accessing www.HubEurope.com (“the Website”), You agree to be bound by the Terms set out in this document and You accept Our privacy and cookie policy (“Privacy and Cookie Policy”). If You object to any of these Terms You should not use any of the products or services on the Website and leave the Website immediately.
You agree that You shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the Website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to do anything, which may compromise the security of the Website or attempt to gain access to secured areas or sensitive information. Misuse of this Website may incur civil and/or criminal liability.
You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from Your breach of these Terms.
We class certain items as Prohibited Item(s) and these cannot be sent using any of Our Services. Please check Your item against the Prohibited Item(s) list here: www.HubEurope.com/content/prohibited-items. We reserve the right to deal with any Prohibited Item(s) at Our sole discretion without being liable in any way to You or the Recipient of the Parcel containing the Prohibited Item(s). For clarity, this means that if these items are carried, they are carried without the benefit of Compensation for damage or loss, regardless of whether Additional Compensation is taken out and paid for. We have the right to dispose of any Prohibited Item(s), in whole or in part, as We decide and reserve the right to charge You for any reasonable costs We incur in doing so.
Certain other items require more detail from You before they can be sent using Our Service. Please check Your item against the more information required list here: www.HubEurope.com/content/prohibited-items.
1. Definitions
In these Terms, where the following words are used, they shall have the following meanings:
“Additional Compensation” means the additional compensation cover that may be purchased by You for lost or damaged Parcels and shall include Our additional liability to You for those lost or damaged Parcels.
“Agreement” means these Terms (which include the Privacy and Cookie Policy) together with the Service Order.
“Authorised Location” means a location within the Geographical Scope of Service listed on the Website and below where You/Sender can drop off a Parcel and a Recipient can collect a Parcel.
“Charges” means the prices for the supply of Services as stipulated on the Website.
2. The Agreement
This Agreement, the CMR Regulations and the Montreal Convention (so far as they are applicable) shall constitute the entire contract between Us and You and the contract shall not incorporate, or be deemed to incorporate any provisions of any other documents. In addition, this contract and the documents referred to above shall supersede any previous contract, warranty or representation made or given by Us relating to the Service(s) set out in the Service Order.
3. Variation
No variation, amendment or cancellation of this Agreement (other than the Service Order) shall be binding upon Us unless and until it is confirmed in writing by a director of Us and, for the avoidance of any doubt, it is declared that no person other than a director has authority to negotiate or enter into any commitment on behalf of Us which would or might (but for this clause) involve Us in any legal liability whatsoever.
4. Termination
4.1 This Agreement may also be terminated immediately if the other party breaches any of its obligations under this Agreement or (in the case of an individual) becomes bankrupt or (in the case of a company) goes into liquidation other than for the purposes of reconstruction or amalgamation, or has an administrator or receiver appointed over any of its or his property or income or make any deed or arrangements with or for the benefit of his or its creditors.
4.2 On termination of this Agreement for any reason:
a. You shall immediately pay to Us all of Our outstanding unpaid invoices and interest and, in respect of Service(s) supplied where the Parcel has been delivered but for which no invoice has been submitted, We shall submit an invoice, which shall be payable by You immediately on receipt;
b. in respect of a Parcel which has already been paid for and which has been received but not yet delivered, then We shall deliver such Parcel in accordance with these Terms;
c. in respect of a Parcel which has not been paid for but which We have received but not delivered, We shall return the Parcel to You;
d. the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination or expiry; and
e. clauses which expressly or by implication have effect after termination or expiry shall continue in full force and effect.
5. Applicable Law
5.1 This Agreement and any dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
5.2 You irrevocably agree, for Our sole benefit that, subject as provided below, the courts of England shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual claims). Nothing in this clause shall limit Our right to take proceedings against You in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions prevent Us from taking proceedings in any other jurisdictions, whether at the same time or not, to the extent permitted by the law of that other jurisdiction.
6. Prepay
Protection for loss or damage
Protection for loss only
Please note that if You purchase Additional Compensation for loss only, You will not be protected, and We shall not be liable, for any losses that You suffer due to any damage caused to the Parcel other than for up to the cost that You have paid for the Service(s) in circumstances where such damage is caused by Our negligence, breach of duty or other wrongful act or omission, over and above the Compensation offered and subject to the limitations set out within this clause 7 and clause 8.
