Terms and conditions

1.1 "Account" means your Emirates Courier Express’ account issued by Emirates upon your request.

1.2 "ADR" stands for the Agreement concerning the International Carriage of Dangerous Goods by Road (as amended).

1.3 "Applicable Rules" means the International Air Convention, the CMR or any other mandatory laws.

1.4 "CMR" means the Convention on the Contract for the International Carriage of Goods by Road signed at Geneva on 19 May 1956.

1.5 "Consignee" means the receiving person or entity whose name appears on the Waybill, as the party to whom the Shipment is to be delivered by Emirates.

1.6 "Customer" means the Account holder and person whose name appears on the Waybill as the party contracting with Emirates for the carriage of Goods.

1.7 "Customs Duties" means any duties, taxes or other regulatory charges required under applicable laws and regulations.

1.8 "Dangerous Goods" means dangerous goods as defined in the IATA Dangerous Goods Regulations (as amended).

1.9 "Emirates Indemnitees" means Emirates’ respective affiliates, contractors, agents and directors.

1.10 "Export Declaration" means a form that is submitted by an exporter at the port of export. It provides information about the Goods being shipped, including but not limited to the commodity, quantity, and value. This information is used by customs entities to control exports, in addition to compiling statistical information relating to a country’s foreign trade.

1.11 "Goods" are any goods or items which are the subject of the Service.

1.12 "IATA" stands for the International Air Transport Association.

1.13 "ICAO" stands for the International Civil Aviation Organisation.

1.14 "International Air Convention" means, whichever of the following instruments is applicable:

1.14.1 The Convention for the Unification of Certain Rules for International Carriage by Air signed in Montreal on 28 May 1999;

1.14.2 The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw on 12 October 1929 (“Warsaw Convention”);

1.14.3 The Warsaw Convention as amended by the Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed on 28 September 1955 in the Hague (“Hague Protocol”);

1.14.4 The Warsaw Convention as amended by Additional Protocol No. 1 signed on 25 September 1975 in Montreal 1975;

1.14.5 The Warsaw Convention as amended by the Hague Protocol and Additional Protocol No. 2 signed on 25 September 1975 in Montreal; and

1.14.6 The Warsaw Convention as amended by the Hague Protocol and Montreal Protocol No. 4 signed on 25 September 1975 in Montreal.

1.15 "Shipment" means one or more document, package or pallet transported by Emirates under one Waybill. A Shipment may be carried by any means Emirates chooses, including air and road.

1.16 "Waybill" means any document identifying the Shipment produced by Emirates’ automated systems (such as labels, or barcodes), together with consignment notes and airwaybills.

1.17 "Website" means the Emirates Courier Express website available on www.emiratescx.com.

1.18 All references to “days” in these Terms and Conditions shall mean calendar days.

2.1.1 The Customer shall indemnify and hold Emirates and the Emirates Indemnitees harmless from and against all and any liabilities, losses and damages arising out of the Customer’s failure to comply with the following warranties and representations:

2.1.2 The Shipment is acceptable for transport under Article 3;

2.1.3 The Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to Emirates;

2.1.4 The Shipment is securely packed and its contents wrapped or stabilized in an adequate and appropriate way for carriage so as to ensure that it can be carried safely with ordinary care in handling and so as not to injure or damage any persons, goods or property. Shipments handed over to Emirates must be free from damage and the packaging must afford reasonable protection as determined by Emirates or its representatives. Each package shall be legibly and durably labelled with the shipping label including tracking number, name and full address of the Customer and Consignee. Shipments containing Goods of high value or high risk contents must be clearly marked on the outside of each package by the Customer. Emirates reserves the right to affix labels or other markings on packages for any purpose whatsoever, including but not limited to operational or clearance purposes;

2.1.5 The Customer has complied with all applicable laws including export control, sanctions, customs laws and regulations or other applicable regulatory requirements and restrictions related to the import, export, transit or transfer of the Goods;

2.1.6 The Customer has provided or procures that they, or the Consignee has provided all information, permits, licenses, documentation for import and export customs clearance or other government authorizations, as required by applicable law or regulation of either the origin or destination country, or upon request from Emirates;

2.1.7 All information, permits, licenses or other government authorizations and documents provided by the Customer, Consignee or its representatives are true, complete and accurate, including the value and description of the Goods and the Customer and Consignee information;

2.1.8 The Customer has declared to Emirates any controlled dual-use or military goods subject to government authorizations contained in the Shipment;

2.1.9 The Goods being shipped are not destined for any country with which Emirates is prohibited from dealing as the result of any law, legislation, regulation, directive, ordinance, treaty, etc.;

2.1.10 When providing personal data to Emirates, where applicable, the Customer has complied with its legal obligations to process and share this data, including informing the affected individuals that personal data, including the Consignee’s email address and mobile phone number, is required for transport, customs clearance and delivery; and

2.1.11 The Customer and/or Consignee are not included in any blacklist issued by any government or other worldwide regulatory body.

3.1 The Customer understands and agrees that Emirates will not transport, clear or deliver and therefore will not attempt to ship or tender to Emirates for transportation:

3.1.1 Shipments exceeding the acceptable weight and dimensions referred to on the Website or categorised as overweight or oversized. Emirates shall notify the Customer in the event its Shipment is classified as overweight or oversized upon receipt of the Shipment at the respective facility;

3.1.2 Articles of unusual declared value, which shall be deemed to include, but are not limited to: (a) any package with an actual value exceeding USD 50,000 or (b) any pallet with an actual value exceeding USD 100,000, except upon mutual prior written agreement between Emirates and the Customer;

3.1.3 Specific items or commodities listed on the Website, except upon mutual prior written agreement between Emirates and the Customer and under the specific conditions indicated on the Website;

3.1.4 Dangerous Goods, any items classified as hazardous material and articles that are prohibited or restricted by IATA, ICAO, the ADR or any competent government authority or organization (Dangerous Goods may be transported subject to the pre-approval of Emirates and subject to compliance with global Dangerous Goods policies, including the IATA Dangerous Goods Regulation);

3.1.5 Firearms, bullion, works of art, negotiable instruments in bearer form, cash, coins, currency, cashier's cheques, money orders, travelers’ cheques, jewelry, precious metals, precious stones, diamonds, lewd obscene or pornographic material, stamps, deeds, hazardous or combustible material, industrial carbon, antiques, plants, animals, alcohol, narcotics or illegal drugs, counterfeit goods, human remains, ashes, any other item Emirates cannot carry safely or legally, or any other restricted/prohibited commodities listed on the Website;

3.1.6 Items which may endanger human or animal life or any means of transportation, or which might otherwise taint or damage other goods being transported by Emirates;

3.1.7 Any Shipment with defective or inadequate packaging to ensure safe transportation with ordinary care;

3.1.8 Any Shipment with an incorrect or incomplete delivery address or an address not properly marked;

3.1.9 Any Shipment in which an entity (the Customer, Consignee or any other party) listed on any applicable sanctions lists as a denied or restricted party has a direct or indirect interest; and

3.1.10 Any Shipment for which all information, permits, licenses, all documentation for import and export customs clearance or other government authorizations have not been provided.

3.2 Any Shipment that contains prohibited or restricted materials will be forfeited, destroyed, or submitted to government officials.

3.3 The Customer accepts and acknowledges that any Shipments to be exported from the United Kingdom (“UK”) that contain animal skin, furs, mink, alligator skin, python skin, feathers (including hair accessories) or any other wildlife will be held at the UK’s His Majesty’s Revenue and Customs for inspection and may be seized or confiscated.

3.4 The Customer accepts and acknowledges that any Shipments to be exported from the United States (“US”) which contain animal or reptile parts, even when incorporated into a product, can be restricted and may require the submission of an Export Declaration to the US Fish and Wildlife Service.

3.5 The Customer acknowledges and agrees to be liable for any costs involved in any attempt to transport such prohibited and restricted items and that Emirates will not compensate the Customer for such seized or confiscated shipments.

3.6 The Customer will reimburse Emirates any costs, fines or expenses incurred as a result of tendering any unacceptable Shipments under this Article 3 to Emirates. This includes but is not limited to storage, inspection and disposal fees.

4.1 Emirates, without liability, reserves the right to open and inspect any Shipment without notice to determine its nature, condition, ownership, destination, or for safety, security, customs or other regulatory reasons.

4.2 The required Service is specified for each individual Shipment. Emirates may audit each Waybill to verify the Service selected. If the Service selected is not available, the next fastest possible service will be selected and invoiced accordingly.

5.1 Emirates reserves the right to abandon carriage of any Shipment or Goods at any time after acceptance when such Shipment or Goods could possibly cause damage or delay to other Shipments, Goods, equipment or personnel, or when any such carriage is prohibited by law or is in violation of any of these Terms and Conditions.

6.1 Shipping fees are calculated on the basis of the actual weight or volumetric weight of the Shipments, whichever is higher. Current volumetric weight calculations can be found on the Website. Emirates or its partners may audit the weight, volume of, and the number of items within the Shipment at any time during the Service. The Customer agrees that the actual or volumetric weight of the Shipment, whichever is higher, shall be used for the purpose of the calculation of the charges.

6.2 The shipping fees exclude applicable taxes, charges and fees (including but not limited to value added tax, applicable government charges, processing fees, Custom Duties, surcharges, additional handling charge, clearances fees and penalties which may apply) which shall be paid by the Customer.

6.3 The Customer agrees to pay charges referred to in this Article 6 for any Shipment tendered to Emirates when requested to do so by Emirates and regardless of the person or entity who placed the order.

6.4 In the event the actual Customs Duties, taxes and associated fees exceed the estimated amount charged by Emirates, Emirates shall have the right to charge the Account and the Customer agrees to pay the difference

6.5 The Customer agrees to pay any penalty, fine, expense incurred by Emirates due to inaccurate information provided.

7.1 The Customer is solely responsible for providing the correct address and Account number for pick-up and delivery. The Customer understands that any incorrect information may result in non-pick up/delivery, delays or additional charges for which Emirates will not be responsible.

7.2 Shipments cannot be delivered to PO boxes or postal codes (complete shipping and delivery addresses are required to complete the Service).

7.3 Emirates may deliver a Shipment to the Consignee or to any other person appearing to have authority to accept delivery of the Shipment on the Consignee’s behalf at the delivery address communicated by the Customer or by the Consignee (when authorized by the Customer). Unless the Customer selects a signature required service, Emirates reserves the right, in its sole and unlimited discretion, to make a delivery without obtaining a signature or proof of identification.

7.4 Any Shipment that cannot be delivered to the Consignee (for reasons including, without limitations the inability to contact the Consignee after reasonable attempts to do so, the Consignee’s refusal of delivery or the Customer’s failure to: pay, give proper instructions, including failure to clearly address the package or to confirm its Shipment is acceptable for entry into the destination country) will be deemed an uncollected good or unclaimed good and Emirates reserves the right to deal with that Shipment in any lawful manner it considers appropriate, which may mean the Shipment is discarded, destroyed, returned to the sender, kept safely by Emirates (for a maximum of forty-five (45) days, except for perishables), or auctioned. Any charges associated with the disposal of such Shipments will be the responsibility of the Customer.

7.5 All Shipment received by Emirates should have clear labelling in English. Any Goods received without a clear label will be: (a) delayed; (b) returned to the Customer and charged accordingly; or (c) discarded after forty-five (45) days of being unidentified.

8.1 Nothing in these Terms and Conditions shall prevent Emirates to engage sub-contractors to perform the Service.

9.1 When a Shipment requires customs clearance, Emirates will, unless instructed otherwise, act on behalf, at the expense and at the risk of the Customer or Consignee in obtaining customs clearance.

9.2 It is the Customer’s obligation to provide (or procure that the Consignee will provide) Emirates with complete and accurate information (including complete documents, product or customs harmonized codes) and, where requested, advance any Customs Duties to enable Emirates to perform any of the following activities on the Customer's or Consignee’s behalf: (a) act as the Customer’s or Consignee's true and lawful agent or designate a customs broker to perform customs clearance and (b) redirect the Shipment to the Consignee's customs broker or other address upon request by any person who Emirates believes in its reasonable opinion to be authorized.

9.3 The Customer or Consignee will provide any additional authorizations required by applicable law for Emirates to clear a Shipment.

10.1 An Export Declaration must be provided for the export of all high value Goods exceeding the published thresholds of the origin country of export. All associated fees with high value Export Declarations will be charged accordingly.

10.2 The Customer must provide Emirates with valid invoices and/or other documentation related to the packages regardless of value at any time as requested by Emirates, or by customs or any other government authority. The Customer is solely responsible for the correctness and accuracy of all information provided to Emirates regarding the contents of the Shipment and the value.

10.3 The Customer and/or Consignee must provide Emirates with identification documentation and personal information upon request by Emirates or any official authority at its sole discretion.

11.1 To register for the Service, the Customer must complete and sign the standard Emirates Customer Trading Agreement.

11.2 The Customer acknowledges and agrees that the Account can only be used by the Customer, is not assignable and provided by Emirates solely for the purposes of providing the Service as set out under these Terms and Conditions.

11.3 When issued with a customer portal user ID and password, the Customer must ensure that the password is kept secure and confidential and not revealed to any other person at all times.

11.4 The Customer accepts complete responsibility for the Account password and must notify Emirates immediately of any unauthorised use of the Account and/or password or any other breach of security relating to the Account. The Customer indemnifies Emirates and acknowledges that Emirates accepts no responsibility or liability for any loss or damage occurring as a result of the fraudulent use of a password and releases Emirates from all claims arising from the unauthorised use of the Account.

12.1 Emirates may suspend or terminate the provision of the Service for good cause at any time and without notice. Good cause shall include, but is not limited to: (a) use of the Service or Account for illegal, obscene, or fraudulent purposes or for any purpose prohibited by Emirates or other applicable regulations; (b) failure to pay monies owed to Emirates when due and (c) violation of any provision of these Terms and Conditions or any provision of any related operating rules and policies that are published by Emirates on the Website.

12.2 For the purpose of determining good cause under this Article 12, the actions of any person authorised to use the Customer’s Account or the Service will be attributed to the Customer.

12.3 Emirates reserves the right to immediately terminate the Service upon suspicion of any of the activities stated through these Terms and Conditions and shall not be liable to compensate the Customer for such termination.

12.4 Emirates reserves the right to immediately suspend the Account for an indefinite time or block an individual or entity from making an Account if there is reasonable suspicion that the Account is being used for purposes that are not in conformance to these Terms and Conditions or applicable law. Emirates will notify the Customer when its Account is suspended or if the Customer is blocked from opening a new Account. Emirates is not mandated to provide reasons for its decision for the suspension or blocking the Customer from opening a new Account.

13.1 Emirates will be responsible for the Shipment only while it is within Emirates' Custody or Control, subject to the limitations of liability set out in these Terms and Conditions. For the purpose of these Terms and Conditions, “Custody” or “Control” is defined as the period from which the Shipment is handed over to Emirates or its nominated partner until such time the Shipment is either delivered to the nominated Consignee, returned to the Customer or disposed of, as defined in Article 7.4.

13.2 Emirates' liability in respect of any one Shipment is limited by the Applicable Rules.

13.3 Emirates’ liability shall not exceed the limits under Applicable Rules, or, if no Applicable Rules apply, the lower of (a) 100 USD (or the local equivalent) per Shipment; (b) 22 Special Drawing Rights per kilogram of Shipment destroyed, lost, damaged or delayed or (c) the value of the Goods at the time they were delivered to Emirates.

13.4 Emirates will make every reasonable effort to deliver the Shipment according to Emirates’ regular delivery schedules, but these schedules are not binding and do not form part of the contract. Except as may be otherwise provided in the Applicable Rules, Emirates is not liable for any damages or loss caused by delay.

13.5 In the case of loss or damage of part of the Shipment or of any Goods contained therein, the weight to be taken into consideration in determining the amount to which Emirates’ liability is limited shall be only the weight of the package or packages concerned. Nevertheless, when the loss or damage of part of the Shipment, or of Goods contained therein, affects the value of other packages covered by the same Waybill, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability. In the absence of proof to the contrary, the value of any such part of the Shipment lost or damaged or delayed as the case may be, shall be determined by reducing the declared value of the Shipment in the proportion that the weight of that part of the Shipment lost or damaged has to the total weight of the Shipment.

13.6 Except as may be otherwise provided in the Applicable Rules, Emirates is not liable for any damage, delay or loss of whatsoever nature arising out of or in connection with the carriage of a Shipment, unless such damage, delay or loss is proved to have been caused by the negligence or willful default of Emirates and there has been no contributory negligence on the part of the Customer, Consignee or other claimant.

13.7 Emirates is not liable if the destruction, loss of or damage to a Shipment is proved to have resulted solely from the inherent defect, quality, nature or vice of that Shipment.

13.8 Whenever the liability of Emirates is excluded or limited under these Terms and Conditions, such exclusion or limitation shall apply to Emirates Indemnitees and to any carrier whose aircraft or other means of transportation is used for carriage.

13.9 If the Shipment causes damage to or destroys another shipment or the property of Emirates, the Customer shall indemnify Emirates for all losses and expenses incurred as a result thereof.

13.10 Without limiting any other provision of these Terms and Conditions, Emirates will not be liable for any costs, expenses, loss, fines or penalties imposed or loss or damage incurred by any Emirates Indemnitees due (a) to the Shipment or Goods being impounded by customs or other Government Authorities or (b) the Customer’s breach or non-compliance of any of these Terms and Conditions; and the Customer shall indemnify, release, safeguard, and hold harmless each Emirates Indemnitee against any such cost, expense, fine, penalty or loss.

14.1 Emirates’ liability is strictly limited to direct loss and damage to any Shipment.

14.2 Emirates will not be liable for any indirect, incidental, punitive or consequential loss or damage of any kind or any loss of profit, reputation, income, interest, opportunity, contract or bargain.

15.1 Receipt by the person or entity entitled to delivery of the Shipment without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the contract of carriage.

15.2 No action shall be maintained in the case of damage to, loss or delay of a Shipment unless a complaint is made to Emirates in writing. Such complaint shall be made:

15.2.1 In the case of damage, forthwith after the discovery of the damage and at the latest within fourteen (14) days from the date of receipt of the Shipment;

15.2.2 In the case of loss, within fourteen (14) days from the date on which the Shipment should have been place at the disposal of the person entitled to delivery; and

15.2.3 In the case of delay, within twenty-one (21) days from the date on which the Shipment was placed at the disposal of the person entitled to delivery.

16.1 Emirates will not be liable to the Customer for any delay, loss, damage, breach or failure to perform its obligations under these Terms and Conditions, costs or expenses the Customer may incur which are caused or contributed to by circumstances beyond Emirates’ or Emirates Indemnitees’ reasonable control. This includes but is not limited to (a) acts of God; (b) fire; (c) flood; (d) disruptions to air or ground transportation due to bad weather; (e) natural catastrophes; (f) failure or delay of suppliers or contractors; (g) inability to obtain goods or services necessary to perform the Service; (h) civil disturbances; (i) insurrections; (j) riots; (k) wars (declared or undeclared); (l) acts of terrorism; (m) strikes or lock-outs or stoppage or restraint of labour from whatever cause (whether partial or general); (n) acts of government or other authorities (including customs); (o) delays in customs clearance; (p) electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; (q) any defect or characteristic related to the nature of the Shipment, even if known to Emirates; (r) any act or omission by a person not employed or contracted by Emirates (e.g. Customer, Consignee, third party, customs or other government official) and (s) third party cyber-attacks or other information security related threats.

17.1 The Customer and Consignee understand that Emirates may collect, use and share personal information in connection with the Service.

17.2 Emirates’ applicable Privacy Notice is located at emiratescx.com and explains amongst others: (a) what personal information Emirates collects and when and why Emirates uses it; (b) the legal basis for using personal information; how Emirates shares personal information with others; (c) how Emirates uses personal information for marketing purposes, profiling and analytics; where personal information is transferred globally; (d) how Emirates protects and store personal information; (e) how Emirates uses cookies; (f) the legal rights available to help manage your privacy and (g) how to contact Emirates if you have any questions related to privacy.

18.1 All shipping Fees, and any other related charges stated herein or incidental hereto, as well as the Terms and Conditions are subject to change or updates upon the sole discretion of Emirates at any time whatsoever. In normal circumstances, any changes will be notified by Emirates at least thirty (30) days prior to such changes taking effect.

18.2 Any and all amendments to the Terms and Conditions shall be published on the Website and shall be effective on the date of publication thereof.

18.3 You are advised to regularly check for any amendments or updates to the Terms and Conditions from time to time and Emirates shall not be liable to compensate you for your failure to do so. Your use of the Service or use of the Account after any amendment to the Terms and Conditions shall constitute your acceptance of these amended Terms and Conditions, and the Customer also agree to be bound by any such changes or revisions.

19.1 Any notice, request and/or any other correspondence pursuant to or in connection with these Terms and Conditions shall be in English and shall be sent to the Customer to the email address specified at the time of registration or to any other email address that Emirates is earlier notified of.

19.2 If any section or any portion of any section of these Terms and Conditions is construed to be illegal, invalid or unenforceable, such provision or portion shall be deemed obsolete and deleted from these Terms and Conditions, while all other sections of these Terms and Conditions and the remaining portion of any section which is construed to be illegal, invalid or unenforceable shall continue in full force and effect.

19.3 This Agreement constitutes the entire agreement between you and Emirates and relating to your use of the Account and/or the Service.

19.4 Failure by Emirates to enforce at any time any term, provision, or condition of these Terms and Conditions, or to exercise any right herein, shall in no way operate as a waiver thereof.