Module 5

Delivery

TYPES OF POSTAL SERVICES

Postal service is a service that includes any handling of postal items by the postal service provider including the collection, processing, transmission and delivery of postal items in domestic and international postal traffic. The postal service does not cover the transport of postal items as a stand-alone service;

Universal postal service

Universal postal service is a service of general interest and represents a set of postal services that are provided continuously throughout the entire territory of the Republic of Serbia, within the prescribed quality, at affordable prices and under equal terms for all users, without discrimination.

Universal postal service, in domestic and international postal traffic, includes collection, sorting, transportation and delivery of:

  • letter items weighing up to two kilograms;
  • written communication in court, administrative and misdemeanor proceedings, regardless of the limits;
  • collection and delivery of parcels weighing up to ten kilograms in domestic postal traffic;
  • collection of parcels up to ten kilograms and delivery of parcels weighing up to twenty kilograms in international postal traffic;
  • secogrammes of weight up to seven kilograms without charging postage in internal postal traffic.
  • collection, transfer and payment of postal orders in domestic and international postal traffic;

The universal postal service can be provided by the public postal operator, whereas other postal operators can provide the universal postal service, other than reserved ones, based on a license. By providing universal postal service, all users are given the opportunity to access the postal network of the public postal operator at a reasonable distance from their place of residence, including mailboxes in public places and at post offices, or in the immediate vicinity of the post office.

The universal postal service is provided every working day, and not less than five days a week, except on days of national and religious holidays, force majeure and threats to the health and safety of the employees at postal operators.

The Agency prescribes exceptions to the five-day postal delivery. Exceptions usually refer to special geographical areas with difficult access for postal services, rural areas, with a small number of inhabitants and postal items, where delivery can be made less than five days a week.

Reserved postal services

Reserved postal services are part of the universal postal service entrusted to the public postal operator and include:

  • collection and/or sorting and/or transport and/or delivery of letter-post items weighing up to 50 grams;
  • collection and/or sorting and/or transportation and/or delivery of documents in court, administrative and misdemeanor proceedings, as registered mail items, regardless of limits;
  • receiving and/or transferring and/or paying of postal orders.

Letter-post items up to 50 grams are not considered reserved postal services, if their price is equal to or higher than the amount which is two and a half times higher than the price of the fastest category letter item according to the valid price list of the designated postal operator, universal postal service provider.

Other postal services

Other postal services include:

  • collection, sorting, transport and delivery of parcels weighing over ten kilograms in domestic postal traffic;
  • collection, sorting and transport of outbound parcels weighing over ten kilograms in international postal transport;
  • sorting, transport and delivery of inbound parcels weighing over twenty kilograms in international postal traffic;
  • value – added services;
  • complementary services.

Other postal services can be provided by all postal operators in accordance with the law governing the field of postal services.

Value – added services

Value-added services are postal services that have special requirements regarding the quality and manner of collection, sorting, transport and delivery.

The value – added services are:

  • courier services, which include collection of a postal item at the sender’s address and direct transport and delivery at the recipient’s address, without sorting;
  • express services, which include collection, sorting, transport and delivery of postal items in the shortest and guaranteed timeframes, and no later than the next working day
  • electronic tracking services from collection to delivery of postal items;
  • services where the sender, has direct communication with the person who directly provides the postal service for additional instructions regarding the delivery of the postal item, 
  • delivery of the consignment with the agreed delivery time;
  • other services in accordance with the law governing the postal services.

Complementary postal services

Complementary postal services are postal services with a special method of handling during the collection, sorting, transport and delivery of postal items;

Complementary postal services can be:

  • services upon request of the recipient, and
  • services upon request of the sender;

Source: Ratel

RIGHTS AND OBLIGATIONS OF USERS AND OPERATORS

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.

The rights of postal services users are defined by the law governing the postal services and other domestic and international acts that regulate the conditions for the provision of postal services. Some of these rights, obligations and responsibilities are:

  • The right, obligation and responsibility of the sender is to choose the type of service that corresponds to the nature, content, importance, or actual value of the postal item;
  • The sender shall correctly and clearly indicate the name, i.e. the name and surname of the recipient and the sender, and the exact address of the recipient and the sender on the postal item.
  • The sender is responsible for the proper packaging of the postal consignment in a way that protects the contents of that shipment, other shipments, the employees handling the item, as well as the equipment and tools used in handling of the item, in accordance with the prescribed conditions for packing postal items requiring specific handling (fragile contents, liquids, etc.); The sender is responsible for the internal and outer packaging of postal items.
  • The sender has the right to dispose of the sent postal parcel until it is delivered to the recipient.
  • The recipient has the right to refuse to receive a postal item delivered to his address.
  • Customer can obtain 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 the competent body is valid for the period specified in the power of attorney, whereas the authorization issued by the postal operator shall be valid only for the services of that operator, and for the period specified in the power of attorney.
  • It is prohibited to send postal items containing:
    • dangerous and harmful substances, as well as items that 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 sender and the recipient are authorized for their transport or their use;
    • materials of a pornographic or erotic character that depict the sexual exploitation of children (child pornography), i.e. sexual acts of people 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 for 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 for which postage has not been paid or is insufficiently paid, 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.

Rights, obligations and responsibility of postal operators

A postal operator, i.e. a postal services provider, is an economic entity providing one or more postal services.

The postal operator shall provide postal services in a fair and legitimate manner, and to respect the minimum quality standards prescribed by the Agency. The rights of the postal services users are defined by law and other domestic and international acts that regulations governing the provision of postal services. In the general terms and conditions, the postal operator shall determine the rights, obligations and responsibilities that he will respect while providing postal services, namely:

  • The right to paid in advance, unless otherwise specified by the contract between the postal operator and the user, and according to the current price list of postal services;
  • The postal operator is obliged to display the price list of postal services in a visible place in the premises where the postal services are provided.
  • The postal operator is obliged to provide 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 inspection, except for the parcels whose contents are a written announcement.
  • 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 court decision, when it is necessary for conducting 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 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 the address information about the recipient and the sender, the postal operator, i.e. the employee collecting the postal items, is obliged to require the user to eliminate the identified defects in the addressing, and if the user does not comply in accordance with the request, he is obliged to refuse to receive such item.
  • The postal operator has the obligation and responsibility to refuse to accept postal item if it is judged that the packaging in which the item is packed does not correspond to the nature and contents of the postal item, i.e. it cannot ensure the integrity of the content and confidentiality of data during transmission.
  • When there is a reasonable suspicion that there are prohibited items in a postal item, the postal operator is obliged to inform the competent authority immediately, according to its decision, to open and inspect the contents of the item.
  • The postal operator, i.e. employees of the postal operator, when receiving items of purchase and value are obliged to inspect the user’s photo ID when receiving items of purchase and value and record the registration number of the ID in order to determine the identity of the sender and prevent money laundering and financing of terrorism and the turnover of goods by unregistered entities. The postal operator is obliged to keep the mentioned data as a business secret for at least one year and in the manner prescribed by the law regulating the confidentiality of data. This data is used by the postal operator for the purpose for which it was collected and can be used only at the request of a court or other competent authority, for the purposes of the proceedings conducted before that authority.
  • The postal operator, i.e. the employee of the postal operator, is obliged to inspect the identity document with the photo of the proxy, as well as to record the official identification number of the identity document of the proxy of those senders who dispatches postal items under signed agreement.
  • The postal operator is obliged to mark every each collected postal item and documents related to that item with the date of receipt and its identification mark with the date of receipt. It is not necessary to mark items that were collected under the agreement, which, among other things, stipulates that all items handed over to the operator are not marked with the date of collecting, but the date printed on the document that serves as proof of handing over the item for onward shipment is valid for them.
  • When collecting a registered postal item, 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 contents, postage charged and other information about the postal item. With the user’s consent, the confirmation of receipt of the postal item can also be issued electronically.
  • The postal operator is obliged to deliver the postal items within the prescribed and guaranteed deadlines. Deadlines are defined by the postal operator in its general terms and conditions. The deadline for delivery of postal items is considered to be the time from collection of the postal item to 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 items from the postal operator’s access point, the deadline shall be extended by one working day. The postal operator can agree with users who hand over a large number of postal items different delivery deadlines, but not more than five working days from the day of collection of the items.
  • As a rule, the postal operator delivers postal items personally to the recipient or to an authorized person. Recorded mail can also be delivered to an adult household member, a person employed in the household, or in the recipient’s business premises. Other items can also be delivered by inserting them into home mailboxes. Court documents and documents in administrative and misdemeanor proceedings shall be delivered in accordance with the law.
  • In case of unsuccessful delivery of the recoded postal item, the postal operator is obliged to leave a report on the arrival of the item, which contains a notification in which deadline and where the recipient can pick up the item. If a report on the arrival of the shipment is left to the recipient before the deadline for delivering the item expires, the postal operator is considered to have fulfilled his obligation and delivered the item within the prescribed period.
  • Postal items that are delivered at the offices of the postal operator can be picked up by the recipients within the deadlines set by the postal operators in the general terms and conditions for the performance of postal services.
  • All recorded postal items are subject to the payment of storage fee, i.e. return postage fee, if the postal operator is not responsible for their non-delivery.
  • If the sender has not specified otherwise, the postal operator is obliged to return the items to the sender when:
    • The recipient refused delivery;
    • the recipient is unknown;
    • the address is incomplete;
    • the address is incorrect;
    • the storage period has expired;
    • the recipient relocated;
    • the recipient died.

Handling of undeliverable postal items

  • The postal operator shall handle the undeliverable postal items in accordance with the law governing the field of postal services. A postal item is considered 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 recipient have refused to pay the unpaid postage.
  • The postal operator is obliged to inspect undeliverable postal items by commission, which includes opening them if:
    • the storage period has expired and it is not possible to determine the correct address of the sender;
    • there is evidence on the packaging, that is, the wrapping, that the postal item is damaged and that it may damage other postal items or equipment or may endanger the employees of the postal operator;
    • there is a decision of the competent authority.
  • If the postal item cannot be delivered to the recipient or returned to the sender even after the commission check, the postal operator shall:
    • immediately destroyed the correspondence;
    • keeps postal items containing goods and other items for six months, counting from the day of the commission inspection;
    • keeps 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 content is prohibited, within thirty days from the day of the commission check, to the authority that issued the identification documents and other documents or to the competent body of the municipality in whose territory the item in question was received.
    • after the storage period expired, the postal operator shall expose the goods and other items contained in the undeliverable postal item to the public sale.
    • If the content of an undeliverable postal item is liable to deterioration, the postal operator destroys the item in question or sells it directly.
  • Funds obtained from 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.
  • Funds from the sale of the contents of the postal item shall be paid to the sender if he submits a request for payment within one year from the day of the sale, minus the storage costs, public sale expenses and payment of these funds.
  • If the sender does not submit a request for payment within one year from the sale of the contents of the item, the money (from the sale) become extra income of the postal operator.

Complaints of postal services users, liability and exemption from liability of the postal operator

A user of postal services who is not satisfied with the provided service has the right to complain to the postal operator.

Each complaint must contain the number of the postal item, 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, he loses the right to financial compensation.

Complaints by postal services users in the claim procedure and deadlines for submitting complaints

If the user considers that the postal item was not delivered to the recipient or that it was delivered with delay, that the specially contracted obligation was not fulfilled or that it was not fully fulfilled, he 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.

Complaints by postal services users in case of damage to the postal item and deadlines for lodging complaints

In cases of damage or loss of the contents of the postal item, the user may lodge a complaint to the postal operator no later than the next working 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 statements 

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 deciding on the merits of the complaint.

Lodging a complaint to the Agency

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

The user may also lodge a complaint with the Agency due to non-submitting a decision on the submitted complaint.

Out-of-court settlement of disputes before the Agency

Based on the submitted objections, the Agency mediates out-of-court dispute settlement between the postal operator and the users.

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

The provisions of the law governing mediation, arbitration, as well as other regulations governing the out-of-court settlement of disputes shall applied to the procedure for conducting and finalizing the out-of-court disputes settlement between the postal operator and the user.

Liability of the postal operator and compensation to user

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

For damage caused in international postal traffic, the postal operator is obliged in accordance with international acts, within the limits of the established liability.

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

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

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

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

Exemption from liability of the postal operator

The postal operator is released from liability for damages if:

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

Source: Ratel

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