Insurance Terms and Conditions
Overview
The parcel insurance cover that is offered by our insurance partners can be broken down into two distinct services that are provided by different insurers.
- 1. Consignments valued at £2000.00 GBP and below.
- a. Goods can be insured up to (and including) the value of £2000.00 Great British Pounds (GBP), providing that the following conditions are met:
- b. The goods insured are being sent from a business to another business (B2B) or from a business to a customer (B2C) where a sales transaction has occurred.
- c. The goods insured are being sent from a business to a non-business entity where a sales transaction may or may not have occurred.
- d. The goods insured are being sent from an individual person to either a business or another individual person.
- e. The insured goods detailed at 1b to 1d above can be either “Brand new merchandise” or “Second Hand Merchandise”.
- f. The shipping of goods detailed at 1b to 1d above can be for any reason, it is not limited to sold items, it can also be gifts, samples, loan items,
items sent for repair or from a business to their employees or contractors etc.
- 2. Consignments valued at over £2000.00 GBP.
- a. Goods can be insured over the value of £2000.00 Great British Pounds (GBP), providing that the following conditions are met:
- b. The goods insured are being sent from a business to another business (B2B) or from a business to a customer (B2C) where a sales transaction has occurred.
- c. The insured goods detailed at 2b above can be either “Brand new merchandise” or “Second Hand Merchandise”.
- d. The goods insured are being sent from an individual person to either a business or another individual person.
- e. The insured goods detailed at 2d above can only be “Second Hand Merchandise”.
- f. The shipping of goods detailed at 2b to 2d above are limited to items that have been sold only. Gifts, samples, loan items,
items sent for repair or from a business to their employees or contractors etc. are not covered.
- 3. Insurer expectations prior to shipping and in the event of a claim.
- a. Before the goods are packaged (“Second Hand Merchandise” only), the item should be photographed in its current condition, ideally capturing serial numbers and/or visually distinguishable marks.
If the item is electronic (for example, a laptop computer), it should be photographed (also additionally consider a short video) in a functional state to demonstrate “proof of life”.
- b. Goods deemed as “Brand New Merchandise” should be photographed capturing serial numbers and/or visually distinguishable marks.
There is no requirement to open the package providing that it is clearly new, and factory sealed.
- c. Photographs should be taken of the packaged item, including the parcel label which should be visible and readable,
to demonstrate that adequate steps have been taken to protect the item from damage whilst in transit.
- d. There should be no visible brand names or other markings on the outer box (or parcel label) that signify what the contents may be. (Ideally use plain or redacted packaging).
- e. If the item (or packaging) is seemingly damaged or previously opened upon arrival at the destination,
the delivery driver should be made aware of this and asked to record this (most courier drivers have the capability to take photographs).
In this instance consider asking the recipient to refuse the delivery.
- f. Photographs of the damaged packaging and/or item must also be recorded by the recipient and made available in the event of a claim, also retain packaging.
- g. For damaged items, it may be request that a repair quote is obtained.
- h. If the item is lost or stolen, a crime reference number may be requested.
- i. Any claim must be submitted, via email, to Overland Express within 2 days (48 hours) of the scheduled delivery date.
- j. Once a claim has been submitted, copies of receipts/invoice/financial transaction and photographs as outlined at 3a to 3c above will be requested,
there may also be a requirement to provide proof of identity.
- k. Photographs must be provided in their original format (usually Jpeg) as recorded on the camera, the metadata of the photographs must not be tampered with or removed, likewise,
the photographs should not be edited, enhanced or cropped. Photographs without camera metadata will not be accepted.
- l. The parcel insurance is only valid from the moment it is collected to the moment of delivery.
- m. The parcel insurance does not cover the return of the item, it is a one-way service.
- n. The parcel insurance does not cover illegal, insurer or courier prohibited items (damaged, destroyed, lost or seized).
- o. The parcel insurance is not valid unless it has been collected from a person (not a garage/shed etc.) and delivered to a person, who signs for it.
Unattended parcels that go missing or are damaged, will not be covered.
- p. This is not a new for old policy, fair market price will be paid out in the event of an item being deemed permanently lost or a total loss (beyond repair).
- q. Once compensation has been agreed, the title of any goods either permanently lost or deemed a total loss (beyond repair) automatically become the property of our insurer,
and it may be requested that the item is collected at the expense of the insurer before the compensation is released.
- r. Insuring goods through the wrong option will result in the insurance being void. It is your personal responsibility to select the correct option.
- 4. It is strongly recommended that the points in this overview are taken into consideration when purchasing enhanced parcel insurance.
This overview has been produced to supplement, not replace, the insurers legal terms as set out below, which are based upon our real-world experiences when dealing with the insurer(s).
Section 1 - Definitions
• " Brand New Merchandise(s) ": any Items in new condition subject to a sales contract of which the seller is a professional.
• " Business(es) ": any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when acting in the name or on behalf of another professional.
• " Carrier ": any air or land Carrier, or the Postal Service.
• " Compensation ": amount paid by the Insurer to the Customer having been the subject of an Incident.
• " Customer ": any Individual or Professional, Shipper or Recipient using the Parcel Insurance.
• " Delivery ": physical handover of the Package or the Item to its Recipient.
• " Exclusions ": list of Goods excluded by their nature defined in Section 4.3. of the General Conditions.
• " Incident ": total or partial theft, damage, or non-Delivery of the Items.
• " Individual(s) ": any natural person who acts for purposes which do not fall within the framework of a commercial, industrial, craft, liberal or agricultural activity.
• " Insurer ": the insurance company providing the Parcel Insurance. This is not Overland Express.
• " Item ": any movable object that is not listed in the exclusions list (4.3).
• " Package(s) or Parcels(s) ": a single Item or a number of Items, regardless of weight, size or volume, constituting an identifiable unit load when handed over to the Carrier, excluding pallets.
• " Parcel Insurance ": the insurance contract covering the carried Items, provided by the Insurer, and available only through Overland Express.
• " Pick-Up Date ": the date on which the Package or the Items are handed over to the Carrier.
• " Recipient ": person named as the Recipient of the Package or the Item on the Shipping Label, and also named in the form completed by the Customer when subscribing to Overland Express's Services;
• " Second Hand Merchandise(s) ": any Items in used condition that are bought or sold.
• " Service(s) ": service of acting as an agent of insurance intermediary provided by the insurer.
• " Shipper ": person mentioned as being the sender of the Parcel or the Goods on the Shipping Label and in the form completed by the Customer when subscribing to the Parcel Insurance.
• " Website ": the website https://www.overlandexpress.co.uk.
Section 2 - Application of the T&C
The purpose of these general Terms and Conditions is to define the contractual framework of the relationship between the insurance provider and its Professional or Individual Customers
(Overland Express are merely the administrative intermediary and accept no liability in the event of a claim being denied by the insurer(s)).
The Sender and the Recipient must be two distinct natural or legal persons.
A natural person who would be the legal representative of a legal person is not considered as two separate persons.
However, it is specified that the Parcel Insurance only applies to Second-hand Goods concerning Individual Shippers. (for goods insured over £2000.00 GBP).
Private Shippers must not insure items of a commercial nature unless they can demonstrate they are registered to pay relevant taxes.
The T&C's are accessible at all times on the Website, and prevail over all and any other contradictory documents.
When purchasing our Services, it is considered that the Customer has read the T&C's, and has accepted them by ticking the box provided for this purpose,
as well as the general terms and conditions of use of our Website.
Contact details for Overland Express: Overland Express, Ash House, 8 Second Cross Road, Twickenham, Middlesex, TW2 5RF, United Kingdom Email: sales@overlandexpress.co.uk.
Section 3 - Territorial scope of the Parcel Insurance
3.1. The following countries are covered: all European countries and the United Kingdom.
Only international shipments will be covered for the following countries: USA, Canada, Japan, South Korea, Switzerland, Singapore, Australia, Hong Kong, Norway, New Zealand, Israel.
3.2. The following countries are excluded from coverage, regardless of whether they be the
country of origin or of destination: any countries subject to embargo as well as any country
where the execution of the Parcel Insurance would cause Overland Express or the Insurer to
incur a sanction, prohibition or restriction as a result of a resolution passed by the United
Nations and/or as a result of economic or trade sanctions provided for by the laws or
regulations of the European Union, France, the United States of America or any other
national law formalising such measures. The following countries are explicitly excluded:
Afghanistan, Belarus, Burma, Cuba, North Korea, Iraq, Iran, Russia, Syria, Ukraine,
Venezuela, as well as the entire African continent.
Section 4 - Items covered by the Parcel Insurance
4.1. Insurance covers all new and used goods, except those listed in the exclusion list (4.3).
4.2. Here are some examples of Items covered by the Parcel Insurance:
• jewelleries, pearls and precious stones, watches;
• goldsmithing, collector coins;
• leather goods;
• works of art or collectible Items, collector's stamps;
• handicrafts;
• high-tech Items;
• clothing, shoes, fashion accessories;
• sporting goods (excluding Bicycles);
• books, magazines, posters;
• medicines that do not require controlled temperature;
This is not an exhaustive list. All goods that are not listed in the exclusion list (4.3) will be
covered by the Parcel Insurance. Once entrusted to a Carrier, the above Items are covered
by the Parcel Insurance contingent upon firstly, the Customer having respected the
obligations set out in Section 8, and secondly, the total value of the Package not exceeding
the amount declared to Overland Express.
4.3. THE FOLLOWING, GIVEN THEIR NATURE, ARE NOT WITHIN THE SCOPE OF THE PARCEL INSURANCE:
• LIVE ANIMALS.
• MERCHANDISE TRAVELING UNDER CONTROLLED-TEMPERATURE CONDITIONS (POSITIVE OR NEGATIVE).
• MANUFACTURING OR PRODUCTION EQUIPMENT.
• ITEMS SHIPPED IN BULK BY SEA OR RIVER.
• BANKNOTES, COUPONS, SECURITIES, CHECKS, CURRENCIES, PURE PRECIOUS METALS, DIGITAL (CRYPTOGRAPHIC) WALLETS AND RECOVERY KEYS.
• FURS, SKINS, LEATHERS.
• FURNITURE OR ITEMS BEING MOVED.
• CONTAINER BODIES.
• BICYCLE FRAMES AND WHEELS.
• VEHICLE BODY PARTS (PANELS, DOORS, BONNETS, BUMPERS, SPOILERS ETC.).
• COMMODITIES FALLING WITHIN THE SCOPE OF TRADING IN RAW COMMODITIES.
• MERCHANDISE CLASSIFIED AS DANGEROUS BY THE CONVENTIONS, LAWS OR REGULATIONS IN FORCE.
• WEAPONS AND AIR GUNS (UNLESS APPROVED BY OVERLAND EXPRESS IN WRITING).
• TOBACCO, CIGARETTES, ALCOHOL, ANY GOODS CONTAINING CBD.
• OBJECTS OR ART OBJECTS MADE OF GLASS, PORCELAIN, CERAMICS, EARTHENWARE, CRYSTALWARE, MIRRORS, VASES, POTTERY, CROCKERY, TV AND COMPUTER SCREENS. THE PACKAGING OF THESE GOODS MUST BE VALIDATED BY OVERLAND EXPRESS BEFORE SHIPMENT IN ORDER TO BE INSURED.
4.4. The Parcel Insurance covers Packages up to a value of £20,000.00 per customer and per day for shipments to the same Carrier, regardless of the number of Parcels. Overland Express, in conjection with our insurance partners are willing to consider specific Customer requests for Items or Parcels of a higher value.
4.5. The Parcel Insurance does not cover the same package being returned.
Section 5 - Duration of coverage of the Parcel Insurance
5.1. For Items entrusted to a Carrier, the Parcel Insurance enters into effect at the moment
when the insured Items, packaged in accordance with the requirements set out in Section 8,
are handed over to the Carrier, and ends upon delivery, to the Recipient, against receipt
issued by the latter (signature), or, at the latest, 14 (fourteen) days as from the Pick-Up Date, this
regardless of the means of transportation.
Section 6 - Types of risks covered by the Parcel Insurance
6.1. The Parcel Insurance covers loss and complete theft or partial theft, or damages caused to the Items. (subject to the damages not being caused by inadequate packaging).
6.2. THE PARCEL INSURANCE DOES NOT COVER:
• RUST AND/OR OXIDATION ON ITEMS SHIPPED WITHOUT PROPER WRAPPING/PACKAGING.
• THE FUNCTIONAL BREAKAGE OF ITEMS OR DISRUPTION/MALFUNCTION OF ANY ITEMS WITH ONE OR SEVERAL MECHANICAL, ELECTRICAL OR ELECTRONIC MECHANISMS NOT CLEARLY RESULTING FROM AN INCIDENT DURING TRANSIT.
• THE INSURANCE DOES NOT COVER DEPRECIATION THAT RESULTS FROM ANY REPAIRS CARRIED OUT.
• LOSS OF DATA RECORDED ON MAGNETIC MEDIA OR OTHER STORAGE MEDIA.
• SCRATCHES, SCUFFS, DEFORMATION, AND OTHER COSMETIC DAMAGE.
• DAMAGE DUE TO USE (SECONDHAND ITEMS).
• LOSSES OR DAMAGES ON PACKAGES THAT WERE RECEIVED WITHOUT SIGNATURE OR THAT WERE RECEIVED WITH A NON-CONFORMING SIGNATURE.
• RISKS RELATED TO ELECTROMAGNETIC, BIOCHEMICAL, BIOLOGICAL OR RADIOACTIVE CONTAMINATION, OR CHEMICAL WEAPONS.
• NUCLEAR RISKS.
• CYBER RISKS.
• ITEMS THAT ARE ALREADY BROKEN OR WEAKENED (UNLESS APPROVED BY OVERLAND EXPRESS IN WRITING).
• ITEMS SHIPPED ON A PALLET (UNLESS APPROVED BY OVERLAND EXPRESS IN WRITING).
• NEW ITEMS SHIPPED THAT ARE SOLD/PURCHASED ON AN ONLINE MARKETPLACE BY INDIVIDUALS THAT ARE NOT REGISTERED BUSINESSES CAN ONLY BE INSURED UPTO £2000.00 (GBP). FOR ITEMS VALUED OVER £2000.00 (GBP) ONLY OFFICIAL BUSINESSES WILL BE COVERED. USED ITEMS THAT ARE BOUGHT AND SOLD ON ONLINE MARKETPLACES MAY BE INSURED BY PRIVATE INDIVIDUALS.
• CONSEQUENTIAL (SECONDARY) LOSS TO ANY ENTITY WHATSOEVER, EXAMPLES INCLUDE THE SENDER, RECIPIENT, CARRIER AND THIRD PARTIES ETC.
6.3. THESE EXCEPTIONAL EVENTS ARE NOT COVERED BY THE PARCEL INSURANCE:
• CONFISCATION, SEQUESTRATION, REQUISITION, BLOCKADE RUNNING, SMUGGLING, ANY KIND OF ARREST OR SEIZURE, THE INSURER FURTHERMORE NOT BEING LIABLE FOR ANY SECURITY PAYABLE FOR RELEASE OF THE INSURED CARGO IN SUCH CIRCUMSTANCES.
• WILFUL MISCONDUCT OR GROSS NEGLIGENCE OF THE CUSTOMER OR ANY OTHER BENEFICIARY OF THE INSURANCE, REPRESENTATIVES OR OTHER AUTHORIZED PERSONS.
• INHERENT VICE OF THE INSURED CARGO ; WORM AND VERMIN UNLESS CAUSED BY CONTAMINATION DURING THE INSURED VOYAGE, EFFECT OF ATMOSPHERIC TEMPERATURE, ORDINARY LEAKAGE OR ORDINARY LOSS IN WEIGHT OR VOLUME.
• ABSENCE OR INADEQUACY OR UNSUITABILITY OF PREPARATION, PACKING OR PACKAGING.
• WAR OR CIVIL WAR, HOSTILITIES, REPRISALS, TORPEDOES, MINES AND ALL OTHER WEAPONS OF WAR, AND GENERALLY ALL ACCIDENTS AND MISFORTUNES OF WAR, AS WELL AS ACTS OF SABOTAGE OR TERRORISM OF A POLITICAL NATURE OR RELATED TO WAR.
• CAPTURE, TAKINGS AT SEA, ARREST, SEIZURE, RESTRAINT, MOLESTATION OR DETENTION BY ANY GOVERNMENT OR AUTHORITY.
• RIOTS, CIVIL COMMOTION, STRIKES, LOCKOUTS AND OTHER SIMILAR EVENTS.
• PIRACY OF A POLITICAL NATURE OR RELATED TO WAR.
6.4. NO INSURER SHALL BE DEEMED TO PROVIDE COVER AND NO INSURER SHALL BE LIABLE TO PAY ANY CLAIM OR PROVIDE ANY BENEFIT HEREUNDER TO THE EXTENT THAT THE PROVISION OF SUCH COVER, PAYMENT OF SUCH CLAIM OR PROVISION OF SUCH BENEFIT WOULD EXPOSE THAT INSURER TO ANY SANCTION, PROHIBITION OR RESTRICTION UNDER UNITED NATIONS RESOLUTIONS OR THE TRADE OR ECONOMIC SANCTIONS, LAWS OR REGULATIONS OF THE EUROPEAN UNION, FRANCE, UNITED STATES OF AMERICA OR ANY OTHER APPLICABLE NATIONAL LAW IMPOSING SUCH MEASURES.
Section 7 - Approved Carriers and Delivery methods
7.1. Packages must be insured at the time of the parcel booking by the Sender. Packages insured by Recipients are not covered by the Parcel Insurance, unless approved in writing by Overland Express.
7.2. The Parcel Insurance only applies to Parcels shipped with 'adult signature' or 'direct signature' of the Recipient.
The Parcel Insurance coverage ends when delivery is made. Delivery is made when a package is signed for at the consigned location, as determined by the carrier's tracking information.
Delivery information is based on information provided by the carrier.
7.3. The Goods entrusted to a river or sea carrier are not covered by the Parcel Insurance.
7.4. The Parcel Insurance does not apply to Items shipped to or from parcel shops or parcel lockers, unless approved by Overland Express in writing. For instance, are considered as 'parcel shops' shops that are not primarily dedicated to parcel shipping (as opposite to Fedex, UPS, DHL dedicated offices). Parcels need to be dropped-off at an official carrier shop or picked-up by the carrier from your home or Business address.
7.5. As an exception, the carriers "Hermes" (Evri), Yodel and DHL Parcel (not to be confused with DHL Express and DHL Road) are excluded from parcel insurance cover. Overland Express do not offer these parcel delivery services, However, if insurance is purchased as a stand-alone product, shipments booked with these carriers cannot be insured.
Section 8 - The Customer's obligations
The Parcel Insurance will not apply if the Customer does not meet all the following requirements:
8.1. Requirements relating to the packaging of the Items
8.1.1. Requirements applicable when the Items are handed over to an accepted Carrier:
• the Items must be shipped inside rigid containers in a way the content cannot be deduced by touching the container. The shipping label must be affixed to the outside of the Package, on a rigid surface;
• the Goods must be properly packed using new, resistant double packaging. (More specifically, double packaging means that your goods are first packed, in a first container such as cardboard, box, bubble wrap, cardboard envelope, then placed secondly in a larger and rigid packaging such as a box, cardboard, etc.);
• the Goods must be prepared, packed and packaged sufficiently and appropriately according to their nature in order to withstand the risks of transport;
• there must be no information on the packaging (or parcel label) that could be used to deduce the nature nor value of the Items. In particular, the packaging must not indicate (nonexclusive list): name or description of the Items; name of a firm; name of a website; any other information that could be used to deduce the nature of the Items; the customs form is not considered as an indication of the value, it should be placed under the airway-bill.
• a photograph of the Package as well as of the Package's contents must be taken before each shipment.
8.1.2. Rules about damaged Items: If the Package arrives damaged or altered, the Customer must describe the damage precisely on the delivery slip in order to be compensated. If the Customer signs the delivery note without making any reservations with the courier who delivers the Goods, the Customer accepts the Goods and waives any claim. In any event, in case of doubt, the Customer has the right to check the Package's contents before signing the delivery note.
8.1.3. Special rule regarding non-resistant packaging: Non-rigid and non-resistant packaging such as bubble envelopes, or thin cardboard envelopes will be insured for a maximum value of £150 (one hundred and fifty pounds) per package.
8.2. The requirements relating to the shipping methods
The goods or Packages must shipped over to the Recipient against the Recipient's signature. The shipping label must be attached to the Package with full contact details of the Recipient including first name, last name, phone number, full address, post code, city, and country. If the Recipient or the sender agrees with the Carrier that the Delivery of the goods or the Package be delivered without signature, to a third party, in his/her (or their) absence, in his/her (or their) mailbox or in any other place, it stops being covered by the Parcel Insurance. If the negligence comes from the Carrier, the Parcel Insurance still applies.
8.3. Requirements regarding the insured value of the Items
The Customer must declare the value of the Merchandise(s) in the Package when subscribing to the Insurance. This value must be established by the following proofs only:
• For Brand New Goods:
• an invoice for the Goods(s) dating less than 2 (two) months from the Collection Date;
• For Second-hand Goods:
• an invoice for the Good(s) dating less than 2 (two) months from the Collection Date in case the Customer is an official Business, or a written and signed agreement between the buyer and the seller stipulating the value of the Merchandise dating less than 2 (two) months from the Collection Date, in case the Customer is an Individual;
• For Businesses sending non-sold items up to £2000.00 (GBP):
• an invoice for the Goods(s) dating less than 3 (three) years from the Collection Date.
Section 9 - Compensation value
9.1. The Parcel Insurance reimburses the value declared to Overland Express only if the insured value is proved by a commercial invoice (for Businesses), by a certificate of sale (for Individuals). These documents must be backed with a proof of payment.
9.2. The total amount refunded may in no case exceed the insured value. In the event that the Customer receives compensation from the Carrier (such may be the case when the Carrier has committed a fault), this will be deducted from the final reimbursement. It being specified that the Customer cannot generate a profit by combining the compensation from the Carrier and the refund from the Parcel Insurance provided by the insurer.
Section 10 - Reimbursement of a claim:
10.1. In the event of a claim, the Customer must:
• take precautionary measures to protect the insured Items and limit damage.
• retain all rights and legal recourse options against the Carriers and/or any third party assumed to be responsible.
• in case the Parcel arrives damaged or tampered: write clear and precise reservations on the Delivery slip.
• take a picture of the Package and its content.
• keep all damaged packaging.
• in the case of theft, obtain a crime reference number from the police.
10.2. Before a claim can be submitted, the Customer must be able to provide Overland Express with the following documents without delay:
• copy of identity document and/or Business registration from the company,
• carrier Shipping Label,
• proof of the insured value of the Goods (s) as explained in Section 8.3. including a proof of payment (credit card receipt or copy of bank transfer) establishing the transaction,
• copy of the claim addressed to the Carrier and, if applicable, of the latter's responses,
• the photo of the Parcel and of its contents taken by the Shipper before the Collection Date,
• the photo of the Parcel received damaged or of which the Merchandise(s) is/are missing,
• in the event of loss: the certificate of non-delivery issued by the Carrier,
• in the event of theft: copy of the police complaint in the country where the theft occurred.
• in the event of damage (s): a repair quote + a repair invoice paid by the Shipper. Once the invoice has been paid, the insurer will compensate for the damage.
The insurer reserves the right to open an investigation and to ask the Insured any other documents deemed useful.
10.3. In case of an Incident, the customer must inform Overland Express without delay, and in any case within no more than 2 days from the originally scheduled delivery date, doing so by opening a claim directly with Overland Express.
10.4. Overland Express will provide support to the Customer in processing its claim. Overland Express will be the Customer's direct contact and, to this end, will help the Customer fill in the forms and identify the documents required to submit a complete claim to the Insurer.
10.5. In case of non-delivery of one or more Packages, the Customer must provide proof of due diligence performed to obtain, from the Carrier, the definitive voucher with respect to the missing/damaged Items and must give a written undertaking to accept any Package(s) that might be subsequently found and to reimburse, to the Insurer, the corresponding insurance value, less the amount of any damages or losses covered by the Parcel Insurance.
10.6. when the insurer settles a claim (except in the case of repair), the title of this item automatically becomes the property of the insurer, and it may be requested to be made available for collection.
Section 11 - Options of recourse against Carriers
In all cases, the Insurer is subrogated in the rights of the Customer as regards undertaking actions of recourse against Carriers or any third parties assumed to be responsible.
Section 12 - Cost of the Insurance Service / Refund
12.1. The cost of the Insurance Service offered by Overland Express is calculated based on the Package's value and depends on your location. The pricing can be calculated using the insurance calculator on the Overland Express web site.
12.2. The cost of the Service must be paid in full, upfront, on the day of subscription to the Service, by way of secure online credit card payment: Visa, MasterCard, American Express etc. Account customers are exempt from this clause. The insurance cannot be purchased after the Package has been shipped, it must be insured on the same day that the parcel delivery service was booked or purchased.
12.3. The customer is entitled to request the cancellation of the insurance and request a refund within 14 days, only if the package has not been shipped. Once the parcel has been taken over by the carrier, the insurance service will take effect immediately and will no longer be refundable or voidable.
Section 13 - Liability and Fraud
13.1. Liability
Each party assumes the consequences arising from its faults and breaches of obligations incumbent on it in accordance with these General Conditions; there is no solidarity between the parties. The limit of liability applicable to the insurer in the event that it is established cannot exceed all the damages combined and in any event £20,000.00 per customer and per day for shipments to the same Carrier, regardless of the number of Parcels.
13.2. Fraud
The Parcel Insurance does not cover claims arising directly or indirectly from fraud/dishonesty/negligence, including but not limited to credit card fraud, check fraud, C.O.D. fraud, mail fraud or any fraud on behalf of the shipper/recipient or their employees.
In the event that the insurer has doubts as to the good faith of the Customer, Sender or Recipient; the insurer will reserve the right to open an investigation and to request any parts, documents, or elements allowing to establish the good faith of the Customer, Sender or Recipient. During the internal investigation procedure, the parts, documents and elements submitted to the insurer (via Overland Express) as part of a compensation claim are automatically checked and controlled to detect any documents, parts and elements modified or altered. If following the internal investigation, there is still a doubt as to the good faith of the Customer, Sender or Recipient; Overland Express and/or the insurer will take the following actions:
1. Closure of the Customer account;
2. Closure of the Compensation claim;
3. Overland Express or the insurer may report the Customer, Sender or Recipient to the relevant law enforcement agency and insurance governing bodies, which may make obtaining insurance products more expensive and/or difficult in future.
Section 14 - Force majeure
Neither Overland Express, the insurer or the Customer shall incur any liability if a failure or delay in
rendering the Services or respecting their obligations as set forth in these T&C's are
attributable to a force majeure. The first party evoking the force majeure shall promptly
inform the other party of the first party's inability to render the service or respect an
obligation, and shall submit written proof of the force majeure. Please note that any
suspension of obligations shall not release the non-performing party from its obligation to
render the service or respect its obligations. Any suspension of obligations due to force
majeure shall not cause the non-performing party to incur any penalties nor fines.
Performance of an obligation shall be suspended for the duration of the force majeure,
assuming it be temporary. Thus, as soon as the force majeure ceases to exist, the parties
shall do their utmost to return to normal performance of their contractual obligations
without delay. To this end, the non-performing party shall inform the other party, by way of
registered letter with request of proof of delivery or by way of an extrajudicial document,
that it has recommenced performance of its obligations.
Section 15 - Litigation
All and any disputes that might arise in regards to the services rendered under these terms
and conditions, be this as regards their validity, interpretation, execution, termination,
consequences as well as any follow-up actions which have not been amicably resolved
between the insurer and the customer shall be submitted to the competent courts
under conditions of common law. The Customer can also avail of conventional mediation, or
other alternative channels of recourse (reconciliation, for example) in the event of a dispute.
Section 16 - Pre-Contractual Information - Customer Acceptance
The Customer acknowledges that it received, prior to purchasing the parcel insurance, these T&C's,
considered by the Customer as sufficiently clear and understandable, in particular,
information concerning:
• the essential characteristics of the Service;
• the cost of the Service;
• information to the effect that the Customer can avail of conventional mediation in the event of litigation.
• information concerning the functionality of digital content as well as, as applicable, its interoperability.
• information to the effect that the Customer can avail of conventional mediation in the event of litigation.
Where a legal person or a physical person carries out an immediate purchase or subscribes
to a Service, this shall be considered as tantamount to said legal/physical person fully
accepting these T&C's, as well as an obligation to pay for the ordered Services. This is
expressly recognized by the Customer who agrees, in particular, not to call on, nor to
attempt to call on, the authority of any other contradictory document, whereby any such
contradictory document shall be considered as unenforceable against Overland Express or
the insurer.
Overland Express is neither an insurer, broker or underwriter, we offer parcel insurance on behalf of our insurer(s) and the decision of the insurer(s) is final, we are unable to influence this decision.
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Failure to adhere to these procesdures will result in an insurance claim being denied.
