Rights, obligations and responsibility of postal service users

Postal service user is a natural or legal person who uses postal services as a sender or recipient of a postal item.

Postal service users’s rights are defined by the law governing the postal services and by other national and international acts and regulations stipulating conditions for the provision of postal services. Some of these rights, obligations and responsibilities are the following:

• The right, obligation and responsibility of the sender are to choose the type of service corresponding to the nature, content, importance and actual value of the postal item.
• The sender shall correctly and clearly indicate first and last names of the recipient and the sender and their accurate postal address on the postal item.
• The postal item must be packed in such a way as to ensure the integrity of the contents of the item, security of other items and of the employees handling the item, as well as the equipment and tools used in handling of the item, in accordance with the operator’s prescribed conditions of packing of postal items requiring specific handling (fragile content, liquids etc.); The sender is also responsible for inner and outer packaging of the item.
• The postal item is the property of the sender and he or she has the right to dispose of the postal item until it is delivered to the recipient.
• The recipient has the right to refuse to accept the postal item arrived at his or her address.
• The customer is entitled to use postal services through a proxy, in accordance with the law and the operator’s general terms and conditions. A power of attorney can be granted for collection and delivery of all postal items, or of a single postal item. The authorization issued by a competent body shall be valid for the period specified in the power of attorney, whereas the authorization issued by a postal operator shall be valid only for that operator’s services, for the period specified in the power of attorney.
• It is forbidden to send postal items containing:
  • dangerous and harmful substances, as well as items which can endanger the health and life of people and damage other postal items, except for substances in respect of which the treatment is regulated by a special law, international convention and other international acts;
  • narcotics and psychotropic substances, except when the consigner and the consignee are authorized for their transport or for their use;
  • materials of pornographic or erotic character that depict the sexual exploitation of children (child pornography), or sexual acts of humans related to animals and necrophilia;
  • products or substances which may damage other postal items or postal equipment due to their nature or packaging;
  • money, coins, banknotes, other securities, precious metals and valuable pieces of jewelry, except in insured items;
  • live animals, except animals whose collection and sending are governed by the general conditions of the operator for the provision of postal services;
  • items whose import is prohibited in the country to which they are sent;
  • other substances, i.e. items whose sending is prohibited by other regulations.
• For items with unpaid or underpaid postage, the postage fee is paid by the recipient or the sender on return of the item, unless otherwise is prescribed by the postal operator in the general terms and conditions for the provision of postal services. If the sender refuses to pay the postage on the return of the item, the item shall be deemed undeliverable.
• If the postal item contains live animals whose transfer is allowed, the item must be collected within 24 hours.

 

Rights, obligations and liability of postal operators

Postal operator or postal service provider is an economic entity providing one or more postal services.

The postal operator shall provide postal services in a fair and legitimate manner, complying with the minimum quality standards prescribed by the Agency. The rights of the postal service users are defined by the law and other national and international act and regulations governing the postal services provision. In its general terms and conditions, the postal operator shall deretmine the rights, obligations and responsibilities that it will respect while providing services, namely:

• The postage is, as a rule, paid in advance, unless otherwise stipulated by the contract of the postal operator and the user, according to the current price list.
• The postal operator shall be obliged to display the price list of postal services on the premises where the postal services are provided.
• The postal operator is obliged to make available a valid price list of postal services at the request of the user.
• The postal operator may inspect the contents of the postal item on collection, before its closure, and the sender is obliged to provide access, except for postal items whose content is a written communication.
• Postal operators are obliged to ensure the secrecy of correspondence and other means of communication when providing postal services. The principle of secrecy of correspondence, postal items, letters and other means of communication can be violated only by a court decision, when it is necessary for the conduct of criminal proceedings or protection of the security of the Republic of Serbia, by opening or temporarily seizing letters. The secrecy of correspondence and other means of communication is violated if the postal operator:
  • delivers the postal item to an unauthorized person, finds out the contents of the postal item in an unauthorized manner, or keeps or conceals it;
  • provide the unauthorized person with information about the contents, the sender, the recipient or other information about the postal items.
• Postal operators are obliged to ensure the secrecy of correspondence and other means of communication when providing postal services. The principle of secrecy of correspondence, postal items, letters and other means of communication can be violated only by a court decision, when it is necessary for the conduct of criminal proceedings or protection of the security of the Republic of Serbia, by opening or temporarily seizing letters. The secrecy of correspondence and other means of communication is violated if the postal operator:
• delivers the postal item to an unauthorized person, finds out the contents of the postal item in an unauthorized manner, or keeps or conceals it;
• provide the unauthorized person with information about the contents, the sender, the recipient or other information about the postal items.
• If the postal item does not contain all address information about the recipient and the sender, the postal operator, i.e. the employees collecting the postal items, are obliged to require the user to eliminate the identified defects in the addressing, and if the user does not comply with the request, they are obliged to refuse to receive such item.
• In cases where the employee collecting the item reasonably estimates that the packaging in which the item is packed does not correspond to the nature and content of the postal item, that is, it cannot ensure the integrity of the content and confidentiality of the data, in the manner prescribed by law, they shall be obliged to refuse to accept such item.     
• When there is a reasonable suspicion that the postal item contains prohibited items, the postal operator is obliged to immediately inform the competent authority about this, who will decide on forming a commission to open and review the contents of the item.
• The postal operator, or the employee at the postal operator, is obliged to, upon collection of COD (cash-on-delivery) and insured items inspect the user's ID with a photograph and record the registration number of the identity document in order to determine the identity of the sender and to prevent money laundering and terrorist financing and turnover of goods of unregistered entities. The postal operator is obliged to keep these data for at least one year, in the manner prescribed by the law governing the confidentiality of data. The postal operator is obliged to keep the above information as a business secret, to use it for the purpose for which it was collected and to submit the requested information only at the request of the court or other competent authority, for the purposes of the proceedings before that authority.
• The postal operator, or the employee at the postal operator, is obliged to inspect the ID with a photograph of the authorized person, and to record the official identification number of the authorized person of the sender that dispatches postal items under signed agreement.
• The postal operator is obliged to mark each collected postal item and the documents related to that item with the time of posting and with its identification sign. Items collected under signed agreement need not be marked with the time of posting.
• During collection of a recorded postal item by the operator, the sender is obliged to receive a confirmation of collection, which must contain all the elements that can determine the identity of the item, such as the name and address of the recipient, the item number, time of posting, weight, value, description of the content, postage, and other information. The confirmation of collection can be issued electronically with the consent of the user.
• The postal operator shall deliver the postal items within prescribed and guaranteed deadlines, defined in its general terms and conditions. The deadline for delivery of postal items is the time from collection of the postal item until its delivery. The deadlines for delivery of postal items do not include:
  • delay time due to incomplete and incorrect address;
  • delay time due to force majeure;
  • non-working days and days when postal items are not delivered.
• If the postal item is collected after the last dispatch of the items from the access point of the postal operator, the deadline shall be extended by one working day. The postal operator may also arrange different delivery deadlines with users who submit a large number of postal items, but not more than five working days from the day of collection of the items.
• The postal operator, as a rule, delivers the postal item personally to the recipient or authorized person. The postal operator may deliver the recorded mail to an adult household member, to a person employed in the household, as well as to an employed person found on the recipient's business premises, or through the recipient's home mailbox. Documents in judicial, administrative and misdemeanor proceedings shall be delivered in accordance with the law.
• In case of unsuccessful delivery of the recorded mail, the postal operator is obliged to leave a call for item containing a notice within which deadline and where the recipient can pick up the mail. If the recipient is left with a call for item before the expiry of the deadline for delivery of the item, it is considered that the postal operator has fulfilled its obligation and delivered the item within the prescribed period.
• Postal items to be delivered at the postal operator’s premises can be picked up within deadlines set by the postal operator in its general terms and conditions.
• All recorded postal items are subject to payment of storage fee or return postage fee, if the postal operator is not responsible for their non-delivery.
• Unless otherwise specified by the sender, the mail shall be returned to the sender when:
  • the delivery is refused by the recipient;
  • the recipient is unknown;
  • the address is incomplete;
  • the address is incorrect;
  • he date of storage expired;
  • he recipient is relocated;
  • the recipient has died.

Handling of undeliverable postal items

• The postal operator shall handle the undeliverable postal items in accordance with the law governing the postal services. A postal item is considered to be undeliverable if:
  • the postal item cannot be delivered to either the recipient or the sender;
  • the postage has not been paid or has been partially paid, and the sender and the recipient have refused to pay the unpaid postage.
• The postal operator is obliged to inspect undeliverable postal items on a commission basis, which includes opening them if:
  • the storage period has expired and the exact address of the sender cannot be determined;
  • there is evidence on the packaging, i.e. the wrapping, that the postal item is damaged and that it may damage other postal items or equipment or may endanger employees;
  • there is a decision of the competent authority.
• If, even after a commission check, the postal item cannot be delivered to the recipient or returned to the sender, the postal operator shall:
  • immediately destroy the correspondence;
  • keep a postal item containing goods and other items for six months, counting from the day of the commission inspection;
  • keep the order and the COD amount for three years, counting from the day when it was found to be non-payable;
  • deliver the identification documents and other documents found in the postal item, including the item whose contents are prohibited, within thirty days from the day of the commission check, to the body which issued the identification documents and other documents or to the competent body of the municipality in whose territory the item was received;
  • upon expiry of the storage period, the postal operator shall expose the goods and other items contained in the undeliverable postal item to the public sale;
  • if the contents of a undeliverable postal item are liable to deterioration, the postal operator shall destroy the item in question or sell it directly.
  • The funds obtained by the sale of the contents of the postal item shall be kept for one year from the expiry of the period for keeping the postal item.
  • The funds obtained by the sale of the contents of the postal item shall be paid to the sender if, within one year from the day of the sale, they submit a request for payment, minus storage costs, public sale expenses and payment of these funds.
  • If the sender does not submit a request for payment within the time limit referred to in the above paragraph, the money from the sale of the contents of the undeliverable item shall become extra income of the postal operator.

  Complaints of postal service users, liability and exemption from liability of postal operators

  The user of postal services who is not satisfied with the provided service is entitled to lodge a complaint with the postal operator.

  The complaint shall contain the postal item number, name, surname and address of the sender and recipient, as well as information on the value of the postal item and the COD amount, if the subject of the complaint is a value or COD postal item.

  In the event that the user does not file a complaint within the prescribed deadlines, they lose the right to financial compensation for the damage.

  Claim procedure and deadlines

  If the user considers that the postal item has not been delivered to the recipient or has been delivered with delay, that the specially contracted obligation has not been fulfilled or has not been fully fulfilled, they can file a complaint with the postal operator within 60 days in domestic and within six months in international postal traffic, counting from the next day from the day of delivery of the postal item.

  Claim procedure in case of damage and deadlines

  In the case of damage or loss of the contents of the postal item, the user may file a complaint to the postal operator no later than the next business day, and within 60 days from the day of delivery of the item, file a claim for compensation and submit a complaint to the Agency.

  Postal operator’s statement

  The postal operator is obliged to make a statement within eight days from the day of receipt of the complaint in domestic postal traffic and within the period prescribed by the acts of the Universal Postal Union in international postal traffic, by making a decision on the merits of the complaint.

  Lodging a complaint to the Agency

  The user may lodge a complaint with the Agency against the decision of the postal operator to reject the complaint, within 15 days from the day of receiving the decision on the complaint.

  The user may also file a complaint to the Agency for not submitting a decision on the complaint filed.

  Out-of-court settlement of disputes before the Agency

  Upon the filed complaint, the Agency mediates out-of-court settlement of the dispute arising between the postal operator and the user.

  Initiating and conducting an out-of-court dispute settlement procedure shall not preclude or affect the exercise of the right to judicial protection, in accordance with the law.

  Provisions of the law governing mediation, arbitration, as well as other regulations governing out-of-court settlement of disputes shall apply mutatis mutandis to the procedure for conducting and finalizing out-of-court dispute settlement between the postal operator and the user.

  Liability of postal operator and compensation to user

  The postal operator is obliged to deliver the postal item to the recipient in the state in which it was collected from the sender.

  The postal operator shall be liable for the damage caused in international postal traffic, in accordance with the acts of the Universal Postal Union, within the limits of the established liability.

  For the damage caused in domestic postal traffic, the postal operator is obliged to pay the user compensation for the damage, as follows:

  • for the loss or total damage to an insured postal item - the amount indicated on the item plus the postage paid by value and ten times the amount of postage paid for that item, less the postage by value;
  • for the loss or wrong payment of the money order - the amount equal to the amount indicated on the money order, plus ten times the amount of the postage paid for the collection, transfer and payment of the money order;
  • for partial damage or loss of the contents of a postal item - the amount of the determined part of damage or loss of the contents;
  • for the loss or complete damage of a recorded postal item - ten times the amount of postage charged;
  • for partial damage or loss of the contents of the recorded postal item - the amount of the determined part of the damage or loss of the contents;
  • for non-provided, incomplete or incorrectly provided postal service of recorded mail - five times the amount of postage charged;
  • for exceeding the deadline for delivery of recorded mail - three times the amount of postage paid.

  Indirect damages or lost profits are not taken into account when calculating compensation.

  The postal operator shall be obliged to compensate the damage to the user who paid the postage for the transfer of that postal item.

  Postal operator’s exemption from liability

  The postal operator shall not be liable for damages if:

  • the damage has been caused by force majeure;
  • the collection, processing, transport and delivery of a postal item has been carried out in accordance with the provisions of the law governing the postal services;
  • the damage has been caused by the sender's failure to choose the right postal service or to secure its contents;
  • the address is incomplete or incorrect.