OF GO! EXPRESS & LOGISTICS (SCHWEIZ) AG, last updated: 01.12.2022

I. Scope of application, general

1. The users of these General Terms and Conditions are GO! Express & Logistics (Schweiz) AG and Night Star Express Schweiz AG as well as their system partners (hereinafter all referred to as contractors). The contractors shall arrange for the transport of courier, express and postal consignments via a logistics system.

2. Our GTC apply exclusively; we do not recognise any terms and conditions of the client that conflict with or deviate from our GTC, unless we have expressly agreed to their validity in writing prior to the placement of the order. Our GTC shall also apply if we carry out the deliveries and services without reservation in the knowledge of terms and conditions of the client that conflict with or deviate from our terms and conditions.

3. Unless otherwise regulated by the following General Terms and Conditions (GTC), carriage shall be provided in accordance with the statutory provisions. In the case of international transport by motor vehicle, the provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) shall apply, and in the case of international transport by rail, the Contract for the International Carriage of Goods by Rail (CIM). The Convention for the Unification of Air Cargo Law (Montreal Convention) applies to international air transport.

4. All consignments involving consignors, consignees or third parties that appear on sanction or boycott lists of the applicable EC anti-terrorism regulations or other sanction lists are to be included in the service provision of the contractor and are subject to a transport ban which must be observed as a matter of principle.

II. Contract of carriage, services and prices

1. The contractor’s transport services shall include the collection, transport and delivery of the consignments. As a rule, the shipment shall be delivered to the consignee by a means of transport appropriate to the type of service ordered.

2. Depending on the type of service, delivery shall generally be effected within the framework of the terms and conditions specified in the respective valid offers, price lists and tariff lists. Without a customised offer, only the rates listed in the official price lists shall apply. The stated delivery times are generally non-binding; this does not imply any obligation to adhere to a specific delivery period. Rather, this shall only be the case if this has been expressly agreed in writing in an individual contract prior to the placement of the order. Deliveries to non-landlocked islands and car-free cities and zones are generally excluded from a transit time commitment.

3. In the event of difficult transport conditions, the contractor is entitled to levy freight surcharges that deviate from the standard tariff. As a general rule, the client is the debtor for the freight.

4. Subject to the provisions in II. 5. and 6., the following consignments are generally excluded from carriage:

a) Consignments subject to the carriage monopoly of Swiss Post.

b) Consignments containing perishable foodstuffs.

c) Consignments containing live animals.

d) Consignments that are subject to a special danger and risk assessment, in particular weapons, ammunition, evidence, narcotics, consignments that are subject to species protection, items that are harmful to minors or similar.

e) Consignments requiring special handling in relation to certain external conditions and factors.

f) Consignments that require separate licensing or authorisation.

g) Non-hazardous or hazardous waste for cross-border transport or transit within Switzerland.

h) Consignments likely to cause injury to persons or damage to property, in particular – but not exclusively – live or dead animals, contaminated medical or biological examination material, medical waste, human or animal remains, body parts or organs.

i) Any radiation-sensitive goods which are at risk of damage as a result of scanning, in particular by X-rays, during security screening.

j) Consignments of special value. Special value must be assumed in particular – but not exclusively – for consignments with a value of more than CHF 5,000.00, as well as for consignments of other exceptional importance (such as works of art, antiques, precious stones, stamps, unique specimens, gold, silver or other jewellery, money or negotiable securities), [in particular cheques, bills of exchange, savings books, shares, vouchers or other securities]. even if the value of the consignment does not reach the amount of CHF 5,000.00.

k) Consignments involving the carriage of dangerous goods subject to the Regulation on the Transport of Dangerous Goods by Road (ADR/SDR) and classified as dangerous with special labelling requirements, and endangering goods, people, animals or means of transport.

l) In cases involving international transportation, consignments that are excluded from air transportation under the regulations of the International Air Transport Association (IATA) or the International Civil Aviation Organization (ICAO).

In the event that a consignment contains both goods that are subject to a shipping exclusion and goods that are not subject to a shipping exclusion, such a package is nevertheless subject to the shipping exclusion as a whole.

5. If the client wishes to transport perishable foodstuffs, a consignment of foodstuffs may be transported on the basis of an individual contractual arrangement if the client:

a) Is commercially active or organised as an agricultural enterprise;

b) Declares this in writing and indicates this on the consignment;

c) Only hands over goods that are in perfect condition in terms of foodstuffs law and have an adequate shelf life, taking into account a consignment time of 48 hours, calculated from collection to delivery;

d) Ensures that the packaging is safe for transport and complies with food law and hygiene requirements;

e) Guarantees the temperature environment required for the goods to be transported for at least 48 hours from collection to delivery, taking into account an outside temperature range of +40 degrees to -20 degrees;

f) Hands over the consignment to be transported by 18:00 at the latest on Mondays to Thursdays. Delivery of consignments before public holidays is excluded.

(g) Ensures the consignment can be received in a sustainable manner. In particular, but not limited to, in the case of consignments with alcoholic content, they shall ensure that the consignment is accepted by recipients of legal age.

6. In the event that the client desires the transport of goods with a special value, the carriage of such a consignment can take place if the client orders this separately and in writing, explicitly stating the correct value (applies in particular to the customs value of international consignments) of the goods to be transported, and separate written agreements are concluded for this purpose. In this case, if the consignor does not have suitable insurance of his/her own, additional goods in transit or valuables insurance must be taken out. The client is entitled to the insurance benefit from the insurance that is to be taken out. The limitations of liability arising from section IV. remain unaffected.

7. The carriage of dangerous goods requires, in deviation from the provisions in clause 2, an express prior written agreement with the contractor. In this respect, the client(s) shall inform the contractor in advance in writing, in good time and in German and English of the exact nature of the hazard and – if necessary – of any precautionary measures that should be taken. If the goods to be transported contain dry ice, liquid nitrogen or other substances which may pose or be assumed to pose a substantial risk, the consignor must give written notice of this when arranging the transport. This obligation to disclose information cannot be waived. The client is responsible for ensuring that the statutory provisions regarding declaration, packaging, provision of transport documents, written instructions, etc. are complied with when the dangerous goods are handed over to the contractor, even if the obligations in principle apply to the person who actually hands over the goods to be transported. Transports of dangerous goods are generally exempt from a transit time commitment.

8. In the event that the client(s) wishes to transport other goods that are subject to the general shipping exclusion as set out in II. 2., express written agreement is required, provided that transport is in principle legally possible.

9. The respective client is responsible for packaging the consignment in such a way that it is safe for transport. Damage caused by packaging that is not safe for transport shall be at the expense of the client(s). Such packaging material and packing of the consignment shall be chosen by the client that ensures no damage can be caused to other consignments.

10. The contractor is not obliged to ascertain whether any particular consignment is covered by a shipping exclusion. The consignor is required to check and notify the contractor before handover as to whether the goods are covered by a shipping exclusion. If there is any doubt, the consignor shall inform the contractor of this and obtain the contractor’s decision in writing. Failure on the part of the consignor(s) to inform the contractor accordingly shall be deemed a declaration that the package does not contain prohibited items. The collection of prohibited goods does not constitute a waiver of the shipping exclusion. The contractor reserves the right to refuse, detain, cancel, postpone or return at the client’s expense any consignment at any time if, in the opinion of the contractor, such consignment may cause damage or delay to other consignments, goods or persons. This shall likewise apply if the carriage of the consignment is prohibited by law or would violate provisions of these terms and conditions or the contractor’s written offer. Acceptance of a consignment by the contractor does not imply that the consignment complies with relevant legislation, applicable regulations or these terms and conditions. The contractor also expressly reserves the right to dispose of any consignments subject to a shipping exclusion in accordance with the applicable regulations at the expense of the client(s).

11. Before accepting the consignments, the contractor is authorised but not obliged, within the scope of its duty of care, to check, among other things, the contents, number, condition, fitness for transport and correctness of the order data of the consignment goods handed over and to open them in accordance with official directives. If such consignments deviate from the specifications or order data and/or could pose a risk to other consignments and/or people, we will refer to them as “non-compliant/hazardous” consignments. Unless the nature of the hazard was known to the contractor at the time of acceptance of the goods or was at least communicated by the client, the contractor may exclude from the transport process, unload, reweigh, store, return and/or hand over to a suitable third party for transport goods that were found to be non-compliant/hazardous. This includes, but is not limited to:

a) Consignments weighing more than 40 kg

b) Parcels with a combined length and width greater than 400 cm

c) Parcels with a length of more than 130 cm

d) Dangerous goods with more than 999 points or conflicting mixed loading instructions

e) This list is not exhaustive.

The client shall subsequently bear in full all costs of a consignment determined by the contractor to be non-compliant/hazardous. This includes, but is not limited to:

f) The flat-rate costs of re-weighing of CHF 25.00 per consignment plus the corrected weight tariff

g) The additional costs of qualified third parties who have been contracted for the transport of rejected consignments

h) The costs of a return transport

i) Any other costs, fees, taxes and fines arising from incorrect or omitted information of a non-compliant/hazardous consignment, with a minimum of CHF 25.00.

12. Where necessary, the contractor may also destroy the consignment or render it harmless without incurring any liability to pay compensation to the sender, and demand reimbursement of the necessary expenses from the sender on account of these measures. This also applies to items excluded under these terms and conditions.

13. The following also applies in principle: should damage occur as a result of a non-compliant/hazardous consignment, the client shall bear all costs and consequential charges incurred by the contractor and any third parties affected as a result.

14. The charge payable for the carriage shall be due and payable without any deductions no later than 10 days after the date of the invoice, unless expressly agreed otherwise in writing at the time of acceptance of the goods for carriage. If payment is not made on time and/or not in the invoiced amount, default in payment shall occur without further reminder no later than 10 days after receipt of the invoice. In the event of default, the contractor shall charge interest on arrears at a rate of 5 % per annum in accordance with OR Art. 104, the standard expenses as well as costs of at least CHF 25.00 per reminder. We reserve the right to claim for higher damages caused by delay, as well as the right to prove that damages caused by delay did not occur at all or only to a significantly lesser extent. In the event of default, the contractor reserves the right immediately to discontinue deliveries and services.

III. Acceptance and delivery

1. An order is accepted when it is received, at the latest when the consignment is handed over by or on behalf of the consignor; it is completed as soon as the traffic situation and the scheduling of the individual vehicles permit. All orders or goods are always transported in vehicles crewed by a single driver. The contractor is permitted to use other means of transport. The individual packages must be marked with a clearly visible label in accordance with the contractor’s requirements.

2. The contractor shall collect consignments from clients with a regular volume of consignments at agreed times on a daily basis. The goods shall be handed over to the contractor in a condition suitable for transport. It must be of such a nature that it cannot cause damage to other goods being transported or to people involved when loaded properly (see II. 9)).

3. Where transit times have been agreed in writing (cf. clause II.2), they shall commence upon acceptance of the consignment. In the event of non-delivery, the delivery period shall be extended by at least one day.

4. Items may be placed and/or deposited by the contractor in letter and parcel boxes or at pickup locations, provided this has been specifically agreed. These items are considered delivered when they are placed in the letterbox or dropped off at the pickup location. The details of pickup locations must be recorded accurately and correctly by the ordering party (recipient), and access must be available to the contractor at all times, otherwise the contractor accepts no liability for loss or incorrect delivery location. The contractor’s liability ends when the item is placed in the letter/parcel box or dropped off at the specified lockable and weather-protected pickup location. All liability on the part of the contractor is excluded if the pickup location does not meet these aforementioned criteria. When using the “Night delivery” service and when delivering same-day consignments to specified pickup locations, the client cannot be required to provide a delivery receipt acknowledged by the recipient. In the event of the existence of a pickup/drop off agreement recorded with the contractor, the client(s) expressly waives the need for a delivery receipt acknowledged by the recipient. The contractor assumes no liability for deliveries to non-lockable pickup locations.

5. The contractor does not deliver to post office box addresses.

6. Items which have been refused for delivery by the recipient or which could not be delivered for other reasons for which the contractor is not responsible and for which no other written agreement exists will be returned to the client at the client’s expense in accordance with the contractor’s current price list, but at least at the agreed consignment price, after 3 attempts at delivery for which a charge will be made.

7. Same-day delivery of items, unless a pickup location/drop off agreement has been signed, will generally require a signature from the recipient. If the sender(s) has stipulated that proof of identity is required for delivery to the recipient, delivery will only be performed if the recipient provides sufficient proof of identity by presenting a valid official identification document with a photograph (identity card, passport, driving licence). The consignor must inform the consignee of this in advance. Delivery can only be carried out to relatives of the consignee, the spouse or other persons also present in the premises of the consignee as well as house residents and neighbours of the consignee if the deliverer immediately informs the consignee by means of a notification card regarding the items and the identity of the substitute consignee (name and address of the house resident or neighbour) by placing it in the letterbox (or similar) of the consignee. Delivery to other occupants of the house and neighbours is only excluded if the client has issued a written instruction to this effect. If a business address is given as the recipient’s address, delivery will be made during normal business hours.

8. All claims against the contractor arising from the contract of carriage shall lapse upon unconditional acceptance of the goods by the consignee during the business day.

9. For deliveries to pre-arranged letter/parcel boxes and lockable pickup locations (delivery agreement), in particular as part of the overnight service, the consignment is deemed to have been accepted without reservation if:

a) The sender of the night consignment does not submit a written complaint to the contractor by midnight on the day of delivery at the latest.

b) The sender of the same-day delivery does not submit a complaint in writing to the contractor by midnight of the day following the day of delivery at the latest.

IV. Liability of the contractor

(A) Domestic carriage of consignments

1. The liability of the contractor in the event of loss of or damage to the goods for each consignment shall be governed by the provisions of the Convention on the Contract for the International Carriage of Goods by Road CMR.

2. Irrespective of the limits of liability referred to in paragraph 1 of this clause, the liability of the contractor in the event of loss of or damage to the goods for each consignment shall be determined as follows:

a) For overnight shipments, same-day deliveries and other shipments, to 8.33 Special Drawing Rights for each kilogram of gross weight or up to a maximum of CHF 500.00 per package, whichever is higher,

b) For consignments delivered during the night (night delivery service) to 8.33 Special Drawing Rights for each kilogram of gross weight or up to a maximum of CHF 1,000.00 per consignment, whichever is higher,

c) For domestic door-to-door transports, to 8.33 Special Drawing Rights for each kilogram of gross weight of the consignment or up to a maximum of CHF 10,000.00 per consignment, whichever is higher.

3. The following applies cumulatively to the aforementioned provisions (paragraph 2, a) to c) of this clause): if the amount of loss per loss event (accumulation) exceeds the sum of CHF 20,000, the claims (incl. losses) of multiple participants shall be compensated on a pro rata basis. 

4. In the event that the agreed delivery deadline is exceeded in the case of domestic transports, and in the event of a breach of a contractual obligation in connection with the execution of the consignment due to damage other than loss of or damage to the consignment, and in the event of damage other than damage to property or personal injury, liability shall be limited to the value of the freight agreed in writing for the consignment in question.

5. The contractor shall be released from liability – irrespective of the legal grounds – if and insofar as the cause of the damage is due to circumstances which the contractor could not avoid even when exercising the due business diligence and the consequences of which the contractor could not avert. This applies in particular if the damage was caused by an instruction and/or action on the part of the client or its vicarious agent, if damage or hidden defects are not apparent due to the packaging or other circumstances, as well as if the incidence of damage is due to circumstances that cannot be attributed to the contractor, such as force majeure, the nature and/or inadequate packaging of the consignment, war, seizure by higher authorities of goods, the nature of the consignment that are excluded from carriage pursuant to Article II “Contract of carriage, services and prices” et seq., to repair and return consignments of uncertain value, riots and civil commotion, industrial action, electrical or magnetic damage to or deletion of electrical or photographic images, data or recordings. Furthermore, damage to the transported goods due to the effects of frost, heat, temperature fluctuations and humidity, among other things, is also excluded from liability. This shall also apply to damage that has been identified and documented in the contractor’s damage waiver.

6. In no case shall the contractor be liable for consequential damage of any kind.

7. In all other respects, the special grounds for exclusion of liability arising from CMR, Chapter IV, Art. 17 shall apply.

(B) International carriage of consignments

1. In instances of international carriage, the provisions of the international conventions (Article I. point 3.) shall also apply.

V. Obligations of the consignor

1. The consignor(s) is/are required, taking into account the type, value and nature of the consignment for which they have arranged transport – and also allowing for possible high consequential losses – to choose the service offered by the contractor or their affiliated companies, including liability risks and insurance cover, in such a way that the risks associated with the operation of an express and logistics service system which may cause damage in the event of loss, damage or otherwise improper performance of the service are covered.

2. Written notification of particularly time-critical, important and/or valuable consignments that meet the above criteria must be given within a reasonable period of time in advance so that special security and control measures can be taken, taking into account the risks indicated by the consignor.

VI. Invoice adjustment and volume weight

1. The volume weight is calculated per package as follows: Volume = L x W X H in cm / 5000. If the volumetric weight exceeds the actual weight, shipping charges will be recalculated based on the volumetric weight and additional charges may apply.

2. The contractor may inspect each consignment (cf. Art. II / Point 11) to verify the actual volumetric weight of a consignment of a parcel or the number of parcels in a consignment and to confirm the chosen transport service is appropriate. If the details of the selected transport service, the actual or the volume weight or the number of parcels as specified in the order data/transport document are incorrect, the contractor may unilaterally make the appropriate corrections.

3. The contractor may make adjustments to the invoice or the invoice amount arising from clauses 1 and 2 of this section and charge a separate processing fee of at least CHF 25.00 for any necessary corrections and additions.

VII. Provisions for customs clearance

4. The client shall provide all the documents required for customs clearance. By submitting the required documents, the client(s) confirms that all declarations, export and import information are true and correct. The client(s) is/are made aware that incorrect declarations, knowingly false declarations and/or declarations made with fraudulent intent may have civil and legal consequences, including confiscation and sale of the goods.

5. Upon handing over the consignment to the driver, the contractor shall, insofar as this is permissible and provided it has been instructed by the client, be assigned as customs agent with customs clearance. The tariffs and tariff surcharges as per the latest price list issued by the commissioned contractor shall apply to customs clearance.

6. Customs penalties, storage charges and other costs incurred as a result of actions by the customs authorities or failure on the part of the client or the consignee to produce the required export documents, licences or permission certificates shall be charged to the consignee, together with any customs duties and taxes levied, if the consignee asserts its right to delivery of the consignment. If the recipient does not meet their payment obligation within 10 days, the client shall be liable for all costs incurred and invoiced.

VIII. Retention right / right of lien

The contractor shall be liable for the goods handed over to it or otherwise received by it as a deposit for the respective balance from the entire business transactions with the client. If a payment deadline set by the client with a threat of realisation expires without being met, the goods in question will be sold at best price without any further formalities.

X. Place of performance, place of jurisdiction and governing law

1. The place of performance and jurisdiction is the registered office of the contracted company:

a) For GO! Express & Logistics (Schweiz) AG, 8408 Winterthur.

b) For Night Star Express Schweiz AG, 6331 Hünenberg.

2. This agreement shall be governed exclusively by Swiss law.

3. Should questions of interpretation arise between versions of these GTC’s in different languages, the German version shall be the definitive version.

IX. Data protection

1. All personal data accrued by the client in the course of carrying out the order shall be processed and used in accordance with the applicable regulations on the protection of personal data solely for the purpose of processing the contract and for the protection of the client’s own justified business interests with regard to the provision of advice and support to the client. Personal data shall not be passed on, sold or otherwise transferred to third parties unless this is necessary for the purpose of processing the contract or the client has expressly given their consent to this.

2. The client may revoke granted consent to the collection, processing and use of personal data at any time with effect for the future; the data will then no longer be processed and, insofar as legally permissible, will be deleted. Upon request, the contractor shall disclose, in accordance with the applicable law, whether any personal data have been stored and, if so, which data.


GTC last updated: 01.12.2022