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CARRIAGE OF PASSENGERS AND BAGGAGE
CARRIAGE
OF CASH AND VALUABLE ITEMS
CARRIAGE
OF GOODS, PARCELS, DOCUMENTS AND LETTERS
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RESERVATION APPLICATION
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PASSENGER CARRIAGE AND THEIR
BAGGAGE
1
Scandinavian Express Services Ltd. (SESL) undertakes to transport the
holder of a valid ticket along with her/his baggage, which shall not exceed two
(2) suitcases or similar containers of baggage of a reasonable size, from the
specified point of departure to the specified destination within a reasonable
time. All baggage which is not of a reasonable size will be transported in the
luggage bays beneath the bus if space permits and provided it is suitable for
carriage: see also paragraph seven below.
Passengers are permitted to travel with a total of thirty (30) kilograms
of baggage, beyond that limit a scale of charges will apply. Passengers are
entitled to enter the bus with a maximum of two (2) items of hand baggage each
not exceeding 50cm x 35cm x 25cm. The security of this hand baggage remains the
responsibility of the passenger at all times.
2
Tickets are
valid from the date of issue until the specified departure time but see also
paragraph four below. Should any passenger decide to alter her/his travel
arrangements having purchased a ticket,
she/he
must
inform SESL at least 72 hours prior to the stated departure time, see paragraph
three below regarding cancellation fees. Failure to notify SESL of a change of
plans and not travelling on the specified day at the specified time will
automatically lead to the ticket being rendered null and void
3
The failure of passengers to arrive at the Terminal Check-in desk by the
due reporting time will result in their tickets being rendered null and void.
The minimum check-in time
before scheduled departure times is 30 minutes.
4 TICKET REFUNDS
Application for the refund of cancelled tickets must be submitted to any of SESL offices within six months from the date of purchase.
Refunds will be paid by SESL only to the original
purchaser, fifteen days after the application is received by SESL offices. SESL will charge a
cancellation fee in accordance with the scale of charges below for tickets which
are cancelled:
Basic Refund fee of Tsh1000 PLUS, if:
Notice of cancellation
was greater than 72 hours: no additional fee charged.
Notice of cancellation
was between 48 to 72 hours: an additional fee of 25% of ticket price.
Notice of cancellation
was between 24 to 48 hours: an additional fee of 50% of ticket price
Notice of cancellation
less than 24 hours: a cancellation fee of 100% of ticket
price
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5
SESL reserves the right to vary, cancel or change the allocated bus at
any time for any reason whatever and shall not be liable for any consequences of
such action. In extreme circumstances an
alternative carrier may be contracted entirely at SESL’s
discretion.
6
SESL reserves the right to refuse to transport any passenger
notwithstanding the fact that she/he may be the holder of a valid ticket if SESL
has reason to believe that:
(a) to do so would prevent an
outbreak of violence or disorder aboard the bus.
(b) the behaviour of the intending
passenger/s could cause disturbance, discomfort or annoyance to other
passengers.
(c) apparent advanced age, apparent
serious illness or physical disability might lead to the passenger requiring expert assistance en route which
SESL may be unable to provide.
7
SESL reserves the right to refuse to transport any baggage, parcel or
package which it has reason to believe
contains dangerous materials such as dynamite, ammunition or other explosive
materials or inflammable items such as compressed gas or liquid or solid fuel.
SESL also reserves the right to refuse to carry alcohol, illegal and prohibited
drugs, contraband items and baggage which, due to its size, character, weight or
packing is considered to be unsuitable for carriage or beyond SESL’s
capacity.
It is a condition of carriage that passengers indemnify SESL against any
problem, loss or damage of any kind to its
property, or that of other passengers or third parties, which may arise from the
contents or nature of any parcel, package, cargo or baggage with which any
passenger is travelling.
8
Passengers are carried entirely at their own risk but
SESL undertakes to take all reasonable care at all times to ensure the comfort
and safety of all passengers.
9
SESL undertakes to take reasonable care of all baggage during the journey
but does not accept any responsibility for any loss or damage to any parcel,
cargo, baggage, personal effects and valuables during the journey. However,
entirely at SESL’s discretion SESL may assume liability for passengers’ baggage
carried in the luggage bays beneath
the bus which will be limited to a maximum of ten thousand shillings (10,000/=)
for loss of or damage to any item of baggage provided that the loss or damage
occurred whilst in the possession of SESL for the purposes of
carriage.
All claims
for loss or damage must be submitted in writing to the office of departure
within seven (7) days of departure by the passenger or the passenger’s
representative. Claims are limited to one claim per passenger settlement of
which will be at the discretion of SESL. Any settlement will be full and final
settlement for all loss or damage in connection therewith. The maximum
compensation payable for any claim will be limited to one hundred thousand
Tanzania shillings (100,000/=). Settlement may be made in cash or cash equivalent
entirely at SESL’s discretion.
10 For
all journeys which cross national borders, even if the ultimate destination is
within the originating country, it is entirely the responsibility of the
passenger to ensure that her/his travel documents are in order and that she/he
has sufficient cash to meet any charges which might be raised by Customs or
other government officials at any
border crossing.
If a passenger is
unable to meet Customs officials requirements at a border crossing for whatever
reason, her/his ticket will be declared null and void by SESL, her/his baggage
will be offloaded from the bus which will continue its journey without the
passenger. It will be the former passenger’s responsibility to arrange
alternative transport from the border crossing, SESL will have no responsibility
whatever and will not accept claims for compensation under any
circumstances.
11 The
times, dates and fares shown on the tickets and in published timetables are not
within the framework of this contract. SESL reserves the right to change its
operational schedule and fare structure without notice. However, SESL undertakes
to do its best to give reasonable notice regarding any major alteration to its
operational schedule and fare structure. SESL shall not accept responsibility
for any loss or damage whatsoever allegedly resulting from amendments to its
fare structure, operational schedule, late arrival or
cancellation.
12 SESL
reserves the right to amend these terms and conditions at any time and without
prior notice.
13 The
invalidity or unenforceability of any provision of these terms and conditions
shall not affect any other part of these terms and conditions.
14 Any
dispute arising under or in any way connected with these terms and conditions
shall be governed by the law of Tanzania.
15
The act of purchasing a ticket creates a
contract between the two parties. The
terms and conditions described above are part of this contract and it is
a condition of the contract they be accepted in full.
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CARRIAGE OF CASH AND VALUABLE
ITEMS
1 Cash and
valuable items offered for carriage under Scandinavian Express Services Ltd.
(SESL) general terms for the carriage of goods, parcels, letters and documents
will be carried entirely at the sender’s risk and SESL will accept no
responsibility whatever for any loss or damage actually or allegedly
incurred.
2 Upon request
SESL will accept for carriage to destinations served by the company cash and
valuable items although the company reserves the right to refuse to accept any
item without declaring any reason for such refusal. Cash and valuable items will
only be accepted in accordance with the terms and conditions defined in this
document which must be accepted in full by the sender.
3 SESL will
make every reasonable effort to deliver the cash or valuable item/s at the
earliest opportunity based on the normal operational schedule but will not
guarantee delivery on any particular day. SESL will not be responsible for any
loss or damage incurred due to delays or alleged delays. SESL’s operational
schedules do not form part of any contract.
4 SESL
contracts with the sender on the basis that SESL liability is strictly limited
to direct loss only with regard to cash provided always that the sender can show
beyond all reasonable doubt that the cash was lost or damaged whilst in the
possession of SESL for the sole purpose of carriage, subject to the further
contents of paragraph six below.
5
Valuable items other than cash will be replaced or a cash equivalent proposed up
to the current market value of the item/s as assessed by a competent person
appointed by the company, irrespective of the sender’s declared valuation of the item/s, if the sender can show that any loss or damage was entirely the fault
of SESL whilst in possession of the item/s for the purpose of carriage, but see also paragraph six below.
6 All claims
for compensation must be submitted in writing within seven (7) days from the
date SESL accepted the cash or valuable item for carriage failing which SESL
shall have no liability whatsoever. Claims must be submitted to the office of
dispatch. Claims are limited to one claim per shipment settlement of which will
be full and final settlement for all loss or damage in connection
therewith.
7 SESL reserves
the right at any time, with or without the sender being present, to open and
inspect without prior notice any item submitted for carriage.
8 All cash and
valuable items accepted must be properly addressed and SESL will not be
responsible for the late delivery or non-delivery of items which are
inaccurately or incompletely addressed. If the intended receiver refuses to
accept the item/s or refuses to pay any delivery or other charges incurred by SESL, or the receiver cannot be adequately identified or located, SESL shall use
reasonable efforts to return the item/s to the sender, at the sender’s
expense.
If SESL is unable to
locate the sender the company reserves the right to release, dispose of or sell
the valuable item/s without incurring any liability whatsoever to the sender or anyone
else, with the proceeds applied against service charges and related
administrative costs. See also paragraph nine below.
SESL will attempt,
using reasonable efforts, to return all cash to the sender at the sender’s
expense which the intended receiver refuses to accept or refuses to pay any
delivery or other charges incurred by SESL, or the receiver cannot be adequately
identified or located.
9 In order for
the receiver to successfully collect the cash or valuable item/s, (she/he must
present a valid identity card and the special code number, accurately written,
which will have been given to the sender at the point of dispatch. If this
requirement is not met in full and to the entire satisfaction of SESL staff, the
receiver will be denied the cash or valuable item/s.
In the situation
where the designated receiver is not available, she/he may send a representative
who must be in possession of the designated receiver’s identity card and the
special code number. Additionally, the designated receiver must have provided
his/her representative with a signed cover note giving authority for the cash or
valuable item/s to be collected on his/her behalf. Alternatively, the sender
may contact the SESL office from which the cash or valuable item/s was dispatched,
in person and in possession of the sender’s copy of the waybill, in order to
nominate an alternative receiver.
10 If after seven (7) days
from the date of delivery to the destination SESL office the valuable item or
cash has not been claimed by the intended recipient, demurrage charges will be
levied at the rate of one thousand shillings (1,000/=) per day or part thereof
for each item.
If dispatched items
remain unclaimed for a period of one month then SESL reserves the right to sell
the items at public auction or by any other means and the proceeds will be used
to offset administrative costs.
11 No compensation will be
paid:
(i)
for loss or damage arising from faulty or inadequate packing or fastening, detachment of
tie-on labels, incomplete or incorrect addressing or any failure to observe
defects in these respects at the time of despatch.
(ii)
for which a written application is not made within seven (7) days of despatch.
(iii) for the
confiscation of any item under internal legislation of the country to which it
is addressed or through any country which it must travel to reach its
destination.
SESL must be
satisfied that any loss or damage claimed must have occurred during the actual
carriage of the cash and valuable item/s or whilst they were in SESL’s custody
for the purposes of carriage. In case of damage or partial loss of contents the
item/s should be retained for inspection of the condition as
delivered.
12 SESL is not liable for
any loss or damage arising out of circumstances beyond its direct control. These
include but are not limited to:
(i)
Acts of God including, but not exhaustively, lightning, floods, storms, fog,
cyclones, earthquakes and landslides.
(ii)
any consequences of war whether declared or not, civil war, banditry, embargo, rebellion,
insurrection, riot or commotion, military or usurped power or confiscation,
requisition, destruction or damage to the property by or under the order of the
Government or local authority, industrial action and restraint of labour from
whatever cause.
(iii) seizure under legal
process.
(iv)
receiver not taking or accepting delivery within seven (7) days of
delivery.
(vi)
insufficient or improper packing, labelling or addressing or incomplete
information provided by the sender or his representative.
(vii)
accidents of any kind whether caused by SESL employees or third
parties.
13 The sender shall
indemnify and hold SESL blameless for any loss or damage arising out of the
sender’s failure to comply with any applicable laws or regulations and for the
sender’s breach of these terms and conditions including
specifically:
(i)
the item is properly marked, packed and addressed to ensure safe carriage with
ordinary care in handling.
(ii)
all information provided by the sender is complete and
accurate.
(iii) for all items
crossing international borders unaccompanied the sender has complied with all
applicable Customs regulations and other laws.
(iv)
the sender protected the item/s) against unauthorized interference during preparation,
storage and transport to SESL and employed reliable staff to prepare the items
for carriage by SESL.
(v)
the waybill has been signed by the sender or his authorized representative and
the terms and conditions as herein defined constitute binding and enforceable
obligations on the sender.
14 The sender accepts that
SESL may, at its sole discretion and for whatever reason, use a third party or
parties to carry the item(s) for all or part of the distance defined by the
contract.
15 SESL reserves the right
to amend these terms and conditions at any time and without prior
notice.
16 The invalidity or
unenforceability of any provision of these terms and conditions shall not affect
any other part of these terms and conditions.
17 Any dispute arising
under or in any way connected with these terms and conditions shall be governed
by the law of Tanzania.
18 By entering into a
contract for the carriage of the item(s) the sender accepts these terms
and conditions as described above. These terms and conditions are part of the
contract and it is a condition of the contract that they be accepted in
full.
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CARRIAGE OF GOODS,
PARCELS, DOCUMENTS AND LETTERS
This document
describes the terms and conditions for the carriage of goods, parcels, letters
and documents. The complete terms and conditions of carriage are set out in the
following paragraphs.
1
Goods, parcels, letters and documents, hereinafter referred to as “items”, will
only be accepted to be transported to destinations served by the Company.
Furthermore, items will only be accepted in accordance with the terms and
conditions defined below which must be accepted in full by the sender.
2
Scandinavian Express Services Ltd. (SESL) will make every reasonable effort to
deliver the goods at the earliest opportunity based on the normal
operational schedule but will not guarantee delivery on any particular
day. SESL will not be responsible for any loss or damage incurred due to delays
or alleged delays. SESL’s operational schedules do not form part of any
contract.
3 SESL operates
a secure means of transporting cash and valuable items and will not be
responsible under any circumstances for cash or valuable items being lost
if these secure services are not used for the purpose. Cash and
valuable items or other prohibited items must not be sent in a package, parcel
or letter. SESL is not legally liable for the loss, damage, delay,
non-delivery or miss-delivery-delivery of any undeclared cash, documents, valuable items
or similar items not sent by its secure service. Separate terms and
conditions apply for this latter service.
4 SESL reserves
the right at any time, with or without the sender being present, to open and
inspect without prior notice any item submitted for carriage.
5 All items
accepted must be properly addressed and SESL will not be responsible for the
late delivery or non-delivery of items which are inaccurately or incompletely
addressed. If the intended receiver refuses to accept the item(s) or refuses to
pay any delivery or other charges incurred by SESL, or the receiver cannot be
adequately identified or located, SESL shall use reasonable efforts to return
the item(s) to the sender, at the sender’s expense. Failing this
SESL may release, dispose of or sell the item(s) without incurring any liability
whatsoever to the sender or anyone else, with the proceeds applied against
service charges and related administrative costs. See also paragraph twelve
below.
6 SESL reserves
the right to refuse to accept any item for carriage without declaring any reason
for such refusal. The following list of unacceptable items, which is not
exhaustive, may be amended at any time by SESL without notice.
SESL’s definition of
unacceptable items includes:
(i)
items classified as hazardous materials, dangerous goods, prohibited or
restricted items as defined by the Government or any other
body.
(ii)
unaccompanied items crossing any land border which are or may be subject
to Customs checks
and which do not have appropriate and acceptable
documentation.
(ii)
live animals, alcohol, illegal and prohibited drugs, contraband items,
ammunition, dynamite and any other explosive material.
(iv)
inflammable liquids and solids, compressed gas, corrosive liquids, oxidizing,
toxic or radioactive materials as well as any other substance which could
endanger human life or cause damage.
(v)
any other item which, due to its size, character and weight is beyond the
capacity of SESL or is unsuitable for carriage.
(vi)
articles constructed in full or in part of glass, chinaware or other fragile
materials.
(vii)
human or animal remains, pornographic or other offensive
material.
(viii)
perishable goods such as fruit, vegetables, flowers, meat and poultry, all types
of bakery and other related goods may be transported entirely at the sender’s
risk.
All
items are carried entirely at the sender’s risk. However, SESL may, at its
discretion, pay compensation in whatever form it alone decides and any such
compensation shall not be for other than direct loss and shall not exceed five
thousand shillings (5,000/=) per kilogram of lost or damaged goods.
Exceptionally, grain and perishable goods shall be assessed at market value per
kilogram of damaged weight. This provision
excludes items defined in paragraph (viii) above.
7 All claims
for compensation must be submitted in writing within seven (7) days from
the date SESL accepted the items failing which SESL shall have no liability
whatsoever. Claims must be submitted to the office of dispatch. Claims are
limited to one claim per shipment settlement of which will be full and final
settlement for all loss or damage in connection therewith. The maximum
compensation payable in cash or in kind for any claim will be limited to one
hundred thousand shillings (100,000/=) or the direct cash value whichever is the
lower.
8 No
compensation will be paid:
(i)
for loss or damage arising from faulty or inadequate packing or fastening,
detachment of tie-on labels, incomplete or incorrect addressing or any failure
to observe defects in these respects at the time of dispatch.
(ii)
for which a written application is not made within seven (7) days of dispatch.
(iii)
for the confiscation of any item under internal legislation of the country to
which it is addressed or through any country which it must travel to reach its
destination.
(iv)
for damage to perishable items or any item composed wholly or in part of
fragile or brittle material which from its nature or construction is likely to
be damaged in transit no matter how carefully packed or
handled.
(v)
for items of value or cash sent in an ordinary parcel, packet or
letter.
SESL
must be satisfied that any loss or damage claimed must have occurred during the
actual carriage of the item(s) or whilst the item(s) were in SESL’s custody. In
case of damage or partial loss of contents the item(s) should be retained for
inspection of the condition as delivered.
9 SESL is not
liable for any loss or damage arising out of circumstances beyond its direct
control. These include but are not limited to:
(i)
Acts of God including, but not exhaustively, lightning, floods, storms, fog,
cyclones, earthquakes and landslides.
(ii)
any consequences of war whether declared or not, civil war, banditry,
embargo, rebellion, insurrection, riot or
commotion, military or usurped power or confiscation, requisition, destruction
or damage to the property by or under the order of the Government or local
authority, industrial action and restraint of labour from whatever
cause.
(iii)
seizure under legal process
(iv)
receiver not taking or accepting delivery within seven (7) days of
delivery
(v)
inherent liability to wastage, latent defect or natural deterioration of the
goods.
(vi)
insufficient or improper packing, labelling or addressing or incomplete
information provided by the sender or his representative.
(vii)
accidents of any kind whether caused by SESL employees or third
parties.
10 The sender shall
indemnify and hold SESL blameless for any loss or damage arising out of the
sender’s failure to comply with any applicable laws or regulations and for the
sender’s breach of these terms and conditions including
specifically:
(i)
the item is properly marked, packed and addressed to ensure safe carriage with
ordinary care in handling.
(ii)
all information provided by the sender is complete and
accurate.
(iii)
for all items crossing international borders unaccompanied the sender has
complied with all applicable Customs regulations and other
laws.
(iv)
the sender protected the item(s) against unauthorised interference during
preparation, storage and transport to SESL and employed reliable staff to
prepare the items for carriage by SESL.
(v)
the waybill has been signed by the sender or his authorised representative and
the terms and conditions as herein defined constitute binding and enforceable
obligations on the sender.
11 The sender accepts that
SESL may, at its sole discretion and for whatever reason, use a third party or
parties to carry the item(s) for all or part of the distance defined by the
contract.
12 In order for the
receiver to successfully collect the item(s), (she/he must present a valid
identity card which is acceptable to SESL, for example a current passport or
bank identity card. If this requirement is not met in full and to the entire
satisfaction of SESL staff, the receiver will be denied the
item(s).
In the
situation where the designated receiver is not available, (she/he may send
a
representative who must be in possession of the designated receiver’s identity
card. Additionally, the designated receiver must have provided his/her
representative with a signed cover note giving authority for the item(s) to be
collected on his/her behalf. Alternatively, the sender may contact the SESL
office from which the item(s) was despatched, in person and in
possession of the sender’s copy of the waybill, in order to nominate an
alternative receiver.
13 If after seven (7) days
from the date of delivery the item has not been claimed by the intended
recipient, demurrage charges will be levied at the rate of one thousand
shillings (1,000/=) per day or part thereof for each item.
If
dispatched items remain unclaimed for a period of one month then SESL reserves
the right to sell the items at public auction or by any other means and the
proceeds will be used to offset administrative costs.
14 SESL reserves the right
to amend these terms and conditions at any time and without prior
notice.
15 The invalidity or
unenforceability of any provision of these terms and conditions shall not affect
any other part of these terms and conditions.
16 Any dispute arising
under or in any way connected with these terms and conditions shall be governed
by the law of Tanzania.
17 By entering into a
contract for the carriage of the item(s) the sender accepts these terms and
conditions as described above. These terms and conditions are part of the
contract and it is a condition of the contract that they be accepted in
full.
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