Each provider must establish a mechanism for the resolution of complaints.
According to the law, the mechanism for the resolution of complaints, established by the provider, must include at least:
- the procedures for determining the liable postal service provider, where 2 or several such providers are involved;
- the procedures that would allow the fair and prompt resolution of complaints, as well as an appropriate system for refunding or compensation.
In case of total or partial loss, total or partial damage or deterioration of the postal item, the postal service provider is liable for the caused damage, if these circumstances occurred between the moment of submission and the moment of delivery to the addressee.
In such cases, the user may submit an initial complaint to the postal service provider, within 6 months from the date of submission of the postal item. The initial complaint may be submitted by the sender or by the addressee.
The date of submission of a postal item is the date on which the postal item was cleared.
The postal service provider has the obligation to resolve the initial complaint within 3 months from its submission.
If the complaint was not resolved in a satisfactory way or if the provider did not address it within the specified timeframe, the user in question may submit a complaint to ANCOM. The complaint forwarded to ANCOM must be accompanied by the proof of fulfilment of the initial complaint procedure.
Where the user deems he/she was harmed by the actions of the postal provider, he/she can address the competent court for engaging the provider’s liability and granting of compensations.
The general term for the submission of a complaint or for filing a lawsuit is one year. This term flows from the date of submission of the postal item.
The lawsuit may be filed irrespective of whether a complaint with the same object was submitted to ANCOM or not.
The postal items which could not be delivered to the addressees nor returned to the senders must be kept by the postal provider for at least 9 months from the submission date. The postal items within the scope of universal service are exempted from this rule, as the universal service provider must keep such items for at least 18 months from the submission date.
Upon the expiry of the keeping term, these postal items become the postal provider’s property.
The sender has the right to a proper compensation for the prejudice caused by the loss, theft, total or partial damage or deterioration of the postal item, if these circumstances occurred between the moment of submission and the moment of delivery to the addressee. The sender may waive his right to compensation in favour of the addressee.
According to the law, the postal service providers are liable for the domestic postal items as follows:
- a) in case of loss, theft or total damage:
- with the entire insured value, for a postal item subject to an insured items service, including if the respective postal item is subject or not to the Cash-on-delivery service;
- with the entire amount, for a postal item subject to the Cash-on-delivery service, when the amount was not declared;
- with the amount representing 10 times the rate of the service, for the postal items which do not make the object of an insured items service or to the Cash-on-delivery service;
- b) in case of loss or partial damage or deterioration:
- with the value declared for the missing, destroyed or deteriorated part, inscribed in the inventory note, for the postal items submitted open, subject to an insured items service;
- with the share corresponding to the missing weight from the declared value, for the postal items submitted closed, subject to an insured items service;
- with the amount representing 10 times the rate of the service, in case of partial loss, partial damage or deterioration of the postal items which do not make the object of an insured items service.
For the paper money order service, the postal provider is liable with the entire amount submitted at the access point. The providers are liable for the amounts sent over the paper money order service until these are paid.
Attention! The amounts whose payment or repayment was not claimed by the entities concerned within 6 months from submission pass to the postal provider’s property.
- The legal sanctioning interest is added to the above-mentioned amounts, which flows from the time the initial complaint is introduced or, as applicable, the lawsuit is filed, whichever of these moments occurs first. Moreover, in case of loss, theft or total damage, the rates cashed in at the time of submission will be also returned.
- Where the sender declared a value smaller than the real one, the compensation will be equal to the amount declared.
- Where the services which represent additional characteristics of the postal services, nominated by the sender via special indications, are not provided, only the rates cashed in additionally to the rate applicable for the standard postal service will be returned.
- In case of loss of the proof of delivery of the registered postal item, confirmed in writing by the addressee, the postal providers have the obligation to prepare and make available to the sender a duplicate of that proof.
The postal providers are exonerated from any liability in the following situations:
- a) the damage occurred as a result of the sender’s or addressee’s deed;
- b) the user does not have installed a postal box which would allow the delivery of the postal item or the postal box does not ensure the security of the postal items or, as the case may be, the user does not have ensured a service for the reception of the postal items;
- c) the postal item was received without objections by the addressee, except for the complaints related to the loss, theft, deterioration or total or partial damage of the content of the postal item;
- d) the damage occurred as a result of a force majeure or fortuitous case; in this circumstance, the sender has the right to receive back the paid rates, except for the insurance rate.
The postal providers are liable for the cross-border postal items in accordance with the provisions of the international agreements in which Romania is a party.
In the absence of such agreements, the postal provider will be liable in accordance with provisions of the national legislation applicable to domestic postal items.
Attention! The legislation in the postal field does not provide sanctions for the loss, theft, damage or deterioration of a postal item and does not grant ANCOM the right to establish the amount of the compensations and obligate the provider to payment, even in the cases where the applicable damages would be those provided by the law. Only the court of law can appreciate the extent to which the provider’s liability can be engaged and can obligate the provider to pay the compensations for the prejudice caused.