POŠTA SLOVENIJE d.o.o MARIBOR GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF OTHER POSTAL SERVICES

Transcription

1 POŠTA SLOVENIJE d.o.o MARIBOR GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF OTHER POSTAL SERVICES Maribor, June 2014

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3 CONTENTS PAGE I. GENERAL PROVISIONS 5 Contents 5 Provision of other postal services 5 Concepts 6 II. DETAILS ON THE PROVIDER OF OTHER POSTAL SERVICES 6 Address and registered office of provider of other postal services 6 III. OTHER POSTAL SERVICES 6 Selection of postal services 6 1. TYPES OF MAIL ITEMS OR OTHER POSTAL SERVICES 6 Other postal services 6 Letter in judicial proceedings, letter in administrative proceedings, letter in criminal proceedings and letter in procedure of entry into the companies register and procedure of deletion from the companies register 7 7 Registered letter for delivery to residential letterbox Parcel 7 Business parcel 7 International business parcel 8 Express Mail 8 Addressed direct mail 8 Addressed publications 9 Business reply Business letter Cash on delivery 11 3

4 Advice of receipt 11 Delivery note 11 Handover in person Document signature Handle with care 12 Postage paid by addressee 12 Delivery time 12 Priority CONDITIONS FOR ACCEPTANCE AND DELIVERY OF MAIL ITEMS 13 Provisions on prohibited content, packaging and labelling and sealing mail items 13 Addressee s address 14 Sender s address 14 Acceptance of mail 15 Handling of mail 15 IV. DELIVERY AND HANDOVER OF MAIL 15 Delivery and handover 15 Refusal of acceptance and returning mail 16 Deadlines for picking up mail at post offices 16 V. QUALITY OF PROVISION OF OTHER POSTAL SERVICES 16 Deadlines for delivery of domestic mail 16 Deadlines for delivery of international mail 17 VI. PRICES, DISCOUNTS AND PAYMENT FOR OTHER POSTAL SERVICES 17 4

5 Prices of other postal services 17 Payment procedure and deadlines for other postal services 18 Methods of marking postage 18 Mail subject to mandatory customs inspection 18 VII. RESOLUTION OF CLAIMS 19 Types of damage for which the service provider is liable 19 Deadlines for filing claims 19 Undamaged mail 19 Filing claims 20 Resolution of claims 21 Deadlines for resolution of claims 21 Compensation amounts 21 Payment of compensation 23 VIII. RESOLUTION OF COMPLAINTS 23 Right to complain 23 Deadline and procedure for lodging complaints 24 Resolution of complaints 24 Deadline for resolution of complaints 24 Authority to which complaints should be addressed 24 IX. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS Amendments 24 X. TRANSITIONAL AND FINAL PROVISIONS 25 Publication 25 Court of justice 25 5

6 Pursuant to Article 28 of the Articles of Association of Pošta Slovenije d.o.o. we hereby issue the following GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF OTHER POSTAL SERVICES I. GENERAL PROVISIONS Article 1 (contents) The General Terms and Conditions for the Provision of Other Postal Services (hereinafter: General Terms and Conditions) define the general provisions on the provision of postal services outside of the scope of universal postal services (hereinafter: other postal services), data on the provider of other postal services (hereinafter: the service provider), types of other postal services, conditions for acceptance and delivery of mail, handover of mail, quality of provision of other postal services, data relating to prices, discounts and payment for other postal services, resolution of claims, resolution of complaints and other matters important to the provision of other postal services. Article 2 (provision of other postal services) (1) Other postal services are provided in domestic mail service (hereinafter: domestic mail) pursuant to the provisions of the Postal Services Act (hereinafter: the Act), the Instructions for Handling Mail with Prohibited Content (Official Gazette of the RS, no. 47/2010) and these General Terms and Conditions, and in international postal service (hereinafter: international mail) also pursuant to the currently valid regulations of the Universal Postal Union and other international regulations and treaties. (2) In order to provide other postal services, in addition to these General Terms and Conditions for the Provision of Other Postal Services, the General Terms and Conditions for the Provision of Universal Postal Services shall be applied mutatis mutandis unless otherwise determined in these General Terms and Conditions. (3) The service provider and the user of other postal services (hereinafter: the user) may agree on other terms and conditions for the provision of other postal services that differ from those set out in these General Terms and Conditions, specifically those for which this is explicitly stated in these General Terms and Conditions for individual types of other postal services. (4) These General Terms and Conditions shall apply to all users of other postal services provided by Pošta Slovenije d.o.o. 6

7 Article 3 (concepts) All terms used in these General Terms and Conditions shall have the same meaning as defined in the Act or in secondary regulations and the General Terms and Conditions for the Provision of Universal Postal Services. II. DETAILS ON THE PROVIDER OF OTHER POSTAL SERVICES Article 4 (address and registered office of provider of other postal services) Name of legal entity: Pošta Slovenije d.o.o. Registered Office: Slomškov trg 10, Maribor III. OTHER POSTAL SERVICES Article 5 (selection of postal services) (1) The user shall be entitled and obliged to select another postal service that conforms to the type, content and value of the mail item (hereinafter: mail item). (2) The value indicated on the mail item must correspond to the value of the content of the mail item. 1. TYPES OF MAIL ITEMS AND OTHER POSTAL SERVICES Article 6 (other postal services) Other postal services are the services listed in these General Terms and Conditions, the services listed in the service provider s price list, and the services provided on agreement between the user and the service provider (hereinafter: other postal services). The sender may request the provision of other services in the other postal services category that are listed in the current price list of the provider of other postal services after posting mail items but before they are delivered. The addressee may request the provision of other services in the other postal services category that are listed in the current price list of the provider of other postal services, after the mail items are sent but before they are delivered. 7

8 Article 7 (letter in judicial proceedings, letter in administrative proceedings, letter in criminal proceedings and letter in procedure of entry into the companies register and procedure of deletion from the companies register without liquidation proceedings) Letters in judicial proceedings, letters in administrative proceedings, letters in criminal proceedings and letters in procedure of entry into the companies register and procedure of deletion from the companies register without liquidation proceedings are mail items whose delivery is regulated by specific laws and which must satisfy the conditions for registered letters. Article 8 (registered letter for delivery to residential letterbox) (1) A registered letter for delivery to residential letterbox is a sealed domestic mail item which is recorded upon acceptance and delivery and which must satisfy the conditions for registered letters. It is delivered by being placed in the addressee s residential letterbox or free-standing letterbox or post-office box. (2) In order to receive this service, the user must conclude a written agreement with the service provider in advance or submit an order to an authorised sales consultant of the service provider. No specific form is required for the order, and the agreement is deemed to be concluded upon the receipt of the order from the individual user by an authorised sales consultant. (3) The designation Vročiti brez podpisa naslovnika, z vložitvijo v hišni predalčnik must appear on the address side of the item. Article 9 (parcel) (1) A parcel is an item which is recorded upon acceptance and handover and whose value can be declared. A value-declared parcel must be properly sealed. (2) Parcel size and weight: - minimum size of address side: 165 x 235 mm, - maximum size: up to 1500 mm for any one dimension, whereby the length and the greatest circumference may not exceed 3000 mm, - weight: between 10 kg and 30 kg. Article 10 (business parcel) (1) A business parcel is a domestic mail item that can be posted by legal entities (institutions) and natural persons who are registered to perform that activity pursuant to regulations. (2) In order to receive this service, the user must conclude a written agreement with the service provider in advance or submit an order to an authorised sales consultant of the service provider. No specific form is required for the order, and the agreement is deemed to be 8

9 concluded upon the receipt of the order from the individual user by an authorised sales consultant. Article 11 (international business parcel) (1) An international business parcel is an international mail item that can be sent to certain countries by legal entities and those natural persons who are registered to perform that activity pursuant to regulations, and which is addressed to a legal entity or natural person. (2) In order to receive this service, the user must conclude a written agreement with the service provider in advance or submit an order to an authorised sales consultant of the service provider. No specific form is required for the order, and the agreement is deemed to be concluded upon the receipt of the order from the individual user by an authorised sales consultant. (3) Parcel size and weight: - maximum size: length 1500 mm, whereby the length and the greatest circumference, which may not be measured along the length, may not exceed 3000 mm, - maximum weight: 30 kg (for Serbia and Croatia 50 kg). Article 12 (Express Mail) (1) Express Mail is an item with a short delivery deadline. (2) The size of domestic Express Mail and international Express Mail (EMS) must correspond to the size of the parcel. International Express Mail (UPS) must correspond to the following sizes: - minimum size of address side: 165 x 235 mm, - maximum size: up to 2700 mm for any one dimension, whereby the length and the circumference measured across the widest point may not exceed 4190 mm. (3) The maximum weight of domestic Express Mail is 50 kg, international Express Mail (EMS) 30 kg (for Serbia and Croatia 50 kg), and international Express Mail (UPS) 25 kg. (4) For a single collection for the same addressee of Express Mail between towns in Slovenia, the maximum weight of all of the items within one shipment is 105 kg, whereby the maximum weight of an individual item is 50 kg. Article 13 (addressed direct mail) (1) Addressed direct mail comprises advertising, marketing or other publicity material with identical content, but differs in the addressee s name and surname or title, street and house number or settlement and house number, post code and name of destination post office, and identification number, and is sent to at least ten addressees. 9

10 (2) Bills, invoices, financial statements and other non-identified messages are not addressed direct mail. (3) An item that is combined with other items in the same packaging is not addressed direct mail. (4) The size and weight of addressed direct mail must correspond to the conditions for ordinary letters. The addressee s address must be printed in accordance with these General Terms and Conditions, and the sender must take account of the provisions of the Manual for the Correct Addressing of Mail Items. The sender must write or print the designation NDP (in minimum 12-point font, bold) in the upper left-hand corner of the address side. If it is not possible to write or print in the upper left-hand corner of the address side, the designation must be located in another visible place on the address side. (5) Addressed direct mail which does not conform to the above conditions shall be considered an ordinary letter. (6) Before sending, senders of addressed direct mail must present a sample of the addressed direct mail to the service provider and ensure that all items will be identical to the provided sample. Article 14 (addressed publications) (1) An addressed publication is an item including newspapers, magazines and other print forms of publishing editorially designed content which usually carry numerical and/or time designations and are published regularly or occasionally in serially published issues, whose essential purpose is not to induce the recipient to make a purchase. If it is in the user s basic interest for the item to induce the recipient to make a purchase, such item may not be posted as an addressed publication, but shall be considered addressed direct mail. (2) Addressed publications may be posted without a wrapper or wrapped in plastic wrap, inserted in an envelope, cardboard packaging, etc. Addressed publications must be open enough so that their contents are visible. The service provider reserves the right to check the contents of addressed publications. (3) Order forms, payment orders and business replies, as well as other printed inserts, can be inserted into addressed publications if they satisfy all of the following conditions: has the same name as the publication, has the same issuer as the publication, the printing, design and paper type are the same as for the publication, the content of the insert and the publication are related, it is a constituent part of the publication and is inserted into an individual copy. Such inserts shall be included in the weight of the addressed publication. (4) If an insert in an addressed publication does not satisfy the conditions set out in the preceding paragraph, the delivery will be charged in accordance with the price list for delivery of inserts in publications applicable on the day the service is provided. 10

11 (5) Other printed and non-printed inserts may be inserted into addressed publications only in the manner and under the conditions agreed by the sender and the service provider. (6) Before sending, senders of addressed publications must present a sample of the addressed publication to the service provider and ensure that all items will be identical to the sample provided. (7) The size and weight of addressed publications must correspond to the conditions for ordinary letters. The maximum weight of addressed publications is 10 kg. Article 15 (business reply) (1) A business reply is a mail item that allows the sender to obtain a response from the addressee to their advertising campaign, research project and other activities and sent offers. It is delivered in the manner and under the conditions agreed on by the sender and the service provider. The postage for delivery of a business reply is paid by the addressee. (2) The size and weight of a business reply must correspond to the conditions for ordinary letters. Article 16 (business letter) (1) A business letter is a sealed rectangular domestic mail item made of opaque paper. Transparent paper may only be used for transparent windows through which only the addressee s address may be visible. The transparent window may not have a coloured edge and must be made of a material that allows the address to be clearly legible. Its minimum size is 30 x 85 mm, and maximum size is 45 x 90 mm. (2) Business letter size and weight: - minimum size: 90 x 140 cm, - maximum size: 165 x 235 mm, - maximum thickness: 5 mm, - maximum weight: 50 g. (4) It is delivered in the manner and under the conditions agreed on in writing by the sender and the service provider in accordance with the terms and conditions of delivery and the price list. The terms and conditions of delivery, the agreement and the price list are published on the service provider s website and are an integral part of these General Terms and Conditions. 11

12 Article 17 (cash on delivery) (1) Cash on delivery is a postal service in which an item is delivered against prior payment of the payment amount. (2) The designation Odkupnina and the payment amount must appear on the address side of domestic mail items. (3) The designation Odkupnina must appear on the address side of the item, and Cash on Delivery for international mail items. (4) The sender must include a suitable completed payment document with the item. Article 18 (advice of receipt) (1) Advice of receipt is a postal service in which the delivery of the item is confirmed on a special Advice of Receipt form. The advice of receipt is returned to the sender as an ordinary letter. (2) The designation AR must appear on the address side of the item. (3) Advice of Receipt forms are completed by the sender and posted together with the item in accordance with the requirements of the service provider. Article 19 (delivery note) (1) A delivery note is a domestic postal service in which the sender receives a confirmed delivery note from the addressee. It is delivered in the manner and under the conditions agreed on in writing by the sender and the service provider in accordance with the terms and conditions of delivery and the price list. (2) The designation Dobavnica must appear on the address side of the item. (3) Delivery notes are sent together with the item. Article 20 (handover in person) (1) Handover in person is a domestic postal service in which a registered letter or value-declared letter must be delivered to the addressee in person. (2) The designation Vročiti osebno must appear on the address side of the item. 12

13 Article 21 (document signature) (1) Document signature is a domestic postal service in which the sender requests that a registered letter or value-declared letter must be delivered exclusively to the addressee in person. If the addressee is a legal entity, the sender must include in the address the first and last name of the legal entity s authorised representative to whom the mail item is to be delivered. Delivery is effected in the manner and under the conditions agreed on in writing by the sender and the service provider in accordance with the terms and conditions of delivery and the price list. (2) The designation POD must appear on the address side of the item. Article 22 (handle with care) (1) Handle with care is a postal service in which items must be handled with particular care. (2) Items containing live animals and dangerous substances which are exchanged between institutions competent for that activity in the manner and under the conditions prescribed by law must be sent handle with care. (3) The designation Občutljivo must appear on the address side of domestic items, or Fragile for international items. If the contents of a mail item require special handling, the sender must additionally indicate this on the item (for example: Keep Away From Heat, This Side Up, Glass, etc.). Article 23 (postage paid by addressee) (1) Postage paid by addressee is a domestic postal service in which the postage is paid by the addressee. Delivery is effected in the manner and under the conditions agreed on in writing by the sender and the service provider in accordance with the terms and conditions of delivery and the price list. (2) When such items are returned to sender, the postage and return postage are paid by the sender. (3) The designation PPN must appear on the address side of the item. Article 24 (delivery time) (1) Delivery time is a postal service in which the sender can select the approximate time of delivery within the framework of the service provider s schedule. Delivery is effected in the manner and under the conditions agreed on in writing by the sender and the service provider in accordance with the terms and conditions of delivery and the price list. (2) A designation indicating the time of delivery must appear on the address side of the item. 13

14 Article 25 (priority) (1) Priority is an international mail service in which an item has priority during delivery. (2) The designation Priority must appear on the address side of the item. 2. CONDITIONS FOR ACCEPTANCE AND DELIVERY OF MAIL ITEMS Article 26 (provisions on prohibited content, packaging and labelling and sealing mail items) (1) Mail items may not contain the following: - dangerous items which could damage other mail items, work equipment or personnel who handle mail items during transport (poisons, infectious and similar substances, explosives, ammunition, weapons, etc.); - other substances or items which are prohibited from being sent through the mail by law or on the basis of the Manual for International Mail and import restrictions in the addressee countries. (2) The packaging must ensure that the item s contents, that of the other items, postal employees, equipment and buildings are secure from damage and breakage. Packaging for mail items may include envelopes, boxes, crates or other suitable packaging that ensures that the contents of the mail item are completely protected. The use of letter envelopes, padded envelopes and cloth bags for parcels and ordinary parcels is not permitted except for parcels with adequate internal protection, pursuant to an agreement between the sender and the service provider. (3) The parcel s internal protection must ensure that the item s contents, that of the other items, postal employees, equipment and buildings are secure from damage and breakage. The space between the contents placed into the item and the packaging must be filled with a protective substance such that the contents cannot move or be damaged during transport. (4) If adhesive tape is used to seal a non-value-declared parcel in international mail, the sender must mark it with a signature or other proprietary marking such that parts of the marking are visible on the tape and the packaging. (5) Security labels, adhesive tape or other effective means of closure may be used to seal valuedeclared parcels. (6) If a security label or adhesive tape is used to seal a value-declared parcel, senders that are legal entities must print a stamp or a facsimile signature on the parcel, and natural persons must sign the parcel. Parts of the stamp or signature must be visible on the security label or adhesive tape and packaging. 14

15 (7) When sending Express Mail parcels in international mail (UPS), senders who are natural persons must present a valid photo ID. Failure to present a valid photo ID will result in the post office s refusal to accept the parcel. Article 27 (addressee s address) (1) The addressee s address on a mail item must be printed correctly and legibly. It is recommended that Express Mail parcels and items include the addressee s telephone number in addition to the addressee s address. The addressee s telephone number must be included on mail items containing live animals. (2) The addressee s address shall be deemed to have been stated correctly when the data on the item are listed in the following order: - addressee's first and last name or name of company, institution, etc. - street name, house number or settlement name and house number, - for users of post-office boxes the abbreviation p. p. followed by the number of the postoffice box, - for general delivery items the designation Poštno ležeče or for international mail items the designation Poste restante, - the official abbreviation for the destination country ISO Alpha code (for international mail items), the post code and name of the destination post office, - for addressees that have been assigned special post codes, the special post code and name of the destination post office, - name of country (for international mail items). If there are several streets with the same name in the area of an individual post office, the name of the settlement shall be printed on the same line before the statement of the street name and house number. (3) Mail items shall be addressed using Latin characters for domestic and international mail. International mail items may also be addressed using the script of the destination country, but the destination post office and destination country must be stated using Latin characters. (4) Items which are recorded upon acceptance and handover must be addressed to a single addressee. (5) Items that are addressed to multiple addressees must be addressed to addressees at the same address. Article 28 (sender s address) (1) The sender s address must be printed legibly on letters in judicial proceedings, letters in administrative proceedings, letters in criminal proceedings and letters in procedure of entry into the companies register and procedure of deletion from the companies register without liquidation proceedings, on parcels, business parcels, international business parcels and Express Mail items. It is recommended that Express Mail parcels and items include the sender s 15

16 telephone number in addition to the sender s address. The sender s telephone number must be included on mail items containing live animals. (2) The sender s address must also be printed on items marked Poštnina plačana pri pošti... (Postage paid at the... post office) and Poštnina plačana. Pog. št.... (Postage paid, agreement no....) for domestic mail items and Postage paid for international mail items and items subject to mandatory customs inspection. (3) The designations Poštno ležeče and Poste restante shall not be considered the sender s address. Article 29 (acceptance of mail) (1) The sender must adequately indicate the payment of postage on the item and submit it to the service provider together with the acceptance and accompanying documentation in the manner and under the conditions determined by the service provider. If the sender fails to do so and the service provider performs that work in its stead, the service provider may charge the sender separately for the additional work. (2) The service provider may refuse to accept mail if it is not packaged and labelled in accordance with the service provider s conditions. Article 30 (handling of mail) The sender has the right to disposal with sent items until their delivery to the addressee. IV. DELIVERY AND HANDOVER OF MAIL Article 31 (delivery and handover) (1) The General Terms and Conditions for Provision of Universal Postal Services shall apply to the delivery and handover of mail. The sender and the service provider may also agree on other conditions of delivery and handover as set out in the General Terms and Conditions for the Provision of Universal Postal Services. (2) Should specific acts stipulate conditions and manners of delivery for certain mail items other than those set out in the General Terms and Conditions for the Provision of Universal Postal Services, the provisions of those acts shall apply. 16

17 Article 32 (refusal to pick up and returning mail) (1) The addressee or person to whom an item can be delivered may refuse to pick up the item, unless a specific act stipulates otherwise for certain mail items. (2) Should specific acts stipulate other conditions for certain mail items with regard to the returning of items to the sender, the provisions of those acts shall apply. (3) The service provider may not reclaim items that have already been delivered to the addressee or person to whom the item can be delivered unless it was delivered to the wrong addressee. Article 33 (deadlines for picking up mail at post offices) (1) The General Terms and Conditions for Provision of Universal Postal Services shall apply to the deadlines for picking up mail items set out in these General Terms and Conditions. (2) Deadlines for picking up items that are delivered twice shall be calculated on a calendar basis, starting on the day following the day that the addressee received the second notice of delivery of the item. (3) Addressees must accept mail containing live animals on the same day that they arrive at the post office. In the event that it is impossible to deliver a mail item, that item shall be handled in the manner determined in an agreement with the addressee or sender. (4) Should specific acts stipulate deadlines for picking up items at post offices or calculation of deadlines for picking up other than those set out in the General Terms and Conditions for the Provision of Universal Postal Services, the provisions of those acts shall apply. V. QUALITY OF PROVISION OF OTHER POSTAL SERVICES Article 34 (deadlines for delivery of domestic mail) (1) Items must be delivered within three days (D + 3). (2) Delivery deadlines do not include: - the day the item is posted (D), - days when the post office is closed, - Saturdays, Sundays, holidays and other non-working days, - delays due to an incorrect or incomplete address, - delays due to force majeure or traffic jams that are not the fault of the service provider, - the day after a postal item was deposited, if it was deposited after the final collection time for postal items at a post office or after the time of a planned emptying of a letterbox. 17

18 (3) For Express Mail, the delivery deadlines that the service provider publishes in the manner customary for the locality shall apply, as follows: - 1 hour, - 2 hours, - 4 hours, - the day that the item was posted, - the following working day after the day the item was posted. (4) The time that the destination post office is not operating shall not be included in the delivery deadline for Express Mail. (5) The delivery deadline for addressed direct mail is D + 3. As a rule, addressed direct mail items are not delivered by D + 1. (6) The service provider shall be deemed to have fulfilled its obligation regarding a delivery deadline for a mail item when the item is delivered or the addressee has been informed of the delivery of an item by the deadlines stated in this Article. Article 35 (deadlines for delivery of international mail) (1) The delivery deadlines for international mail items depend on the distance to the destination country, traffic connections and quality standards of foreign providers of postal services. Delivery deadlines are of an informative nature except for international Express Mail, where delivery deadlines are mainly guaranteed (depending on the destination country, locality of the addressee and service selected EMS/UPS). (2) The informative and guaranteed delivery deadlines for international mail items are displayed at the service provider s commercial facilities intended for direct contact with users and published on the service provider s website. (3) When calculating delivery deadlines the provisions of the preceding Article are taken into account, whereby the time that an item spends in customs is not counted in the delivery deadline. VI. PRICES, DISCOUNTS AND PAYMENT FOR OTHER POSTAL SERVICES Article 36 (prices of other postal services) (1) The service provider shall charge for other postal services in accordance with the service provider s price list valid on the day that the service is provided. In the event of specific user requirements with regard to the provision of individual other postal services, the service provider and sender may agree on the prices that differ from those on the price list. (2) The price list for other postal services is available on the service provider s website and at the service provider s commercial premises intended for direct contact with users. 18

19 Article 37 (payment procedure and deadlines for other postal services) (1) The user shall pay postage in cash or by redeeming an international postal reply coupon or with other legal tender. (2) Other postal services are generally paid for upon posting the mail items or in accordance with an agreement between the sender and the service provider. Article 38 (methods of marking postage) (1) Postage may be marked on mail items using: - valid postage stamps, - franking seals, printed postage impressions or other franking methods, - an indication of postage paid ( Poštnina plačana pri pošti for domestic mail and Postage paid at the. post office for international mail). Poštnina plačana. Pog. št.. on domestic business replies, and No stamp required. IBRS/CCRI N o on international business replies. (2) If the postage is indicated using postage stamps, the sender must affix them in the upper righthand corner of the address side of the item. Items for which postage is paid pursuant to special agreement must be marked with a written or printed indication of postage paid or a franking seal in the upper right-hand corner of the address side of the item. Article 39 (mail subject to mandatory customs inspection) Customs and other fees for mail subject to mandatory customs inspection shall be paid by the sender upon posting the mail item, or by the addressee upon delivery. 19

20 VII. RESOLUTION OF CLAIMS Article 40 (types of damage for which the service provider is liable) (1) The service provider shall be liable for actual damage that occurs during delivery of Express Mail, parcels, business parcels, international business parcels and letters in judicial proceedings, letters in administrative proceedings, letters in criminal proceedings and letters in procedure of entry into the companies register and procedure of deletion from the companies register without liquidation proceedings due to: - loss, damage, theft or theft of contents, - missed delivery deadlines, - failure to provide, incomplete or incorrect provision of postal services. (2) The service provider shall in no case be liable for any indirect damage, lost profits and moral damage. Article 41 (deadlines for filing claims) (1) Users shall be entitled to file claims at post offices within three months of the posting of an item, except in the event of damage, where they shall be entitled to file a claim immediately upon delivery, or no later than 30 days after delivery of the item is the deficiencies are not immediately visible. (3) Should a user fail to file a claim within a deadline set out in these General Terms and Conditions, they shall not be entitled to compensation for damages. (3) Users may also file claims within twelve months of posting an item, but without being entitled to compensation for damages. (4) Claims filed after the stated deadlines shall be dismissed as late. Article 42 (undamaged mail) If upon delivery of a mail item for which confirmation of receipt is requested, at the request of the addressee or person to whom the item can be handed over it is determined that its weight corresponds to the weight determined upon posting, that its packaging does not have any visible signs of damage and that the means of sealing the item are undamaged, that item shall be deemed undamaged unless the user files a claim owing to hidden deficiencies. 20

21 Article 43 (filing claims) (1) Users shall generally file claims at the service provider s post office at which the mail item was posted, but can also file them at any other of the service provider s post offices or at a foreign provider of postal services in case of international mail items. (2) Users may file claims due to: - loss, damage, theft or theft of the contents of Express Mail, parcels, business parcels, and letters in judicial proceedings, letters in administrative proceedings, letters in criminal proceedings and letters in procedure of entry into the companies register and procedure of deletion from the companies register without liquidation proceedings that occurs during delivery of the item, - missed delivery deadlines for Express Mail, parcels, business parcels, and letters in judicial proceedings, letters in administrative proceedings, letters in criminal proceedings and letters in procedure of entry into the companies register and procedure of deletion from the companies register without liquidation proceedings, - failure to provide, incomplete or incorrect provision of postal services for Express Mail, parcels, business parcels, and letters in judicial proceedings, letters in administrative proceedings, letters in criminal proceedings and letters in procedure of entry into the companies register and procedure of deletion from the companies register without liquidation proceedings. (3) If a user lodges a complaint due to damage or theft of the contents of mail items upon delivery, the post office must review the case in committee and compile a record thereof. (4) If a user lodges a complaint due to damage or theft of the contents of mail items after delivery, but within the deadline stated in these General Terms and Conditions, they must also submit to the post office the item (packaging and contents) to which the claim relates. Should a user fail to submit the packaging and contents of the item, they shall not be entitled to compensation for damages. The post office must inspect the item in committee and compile a record thereof. (5) If a user files a claim due to loss, theft or missed delivery deadline, they must submit an enquiry. In such case they must also submit proof that the item for which they are filing a claim was posted at the service provider s facility. (6) Users shall be entitled to file demands for compensation together with the claim or after filing claims. The demand for compensation, in which the user must: - state the facts with which they justify their claim or demand, - indicate the amount of compensation requested, - enclose the corresponding documents with which it corroborates its statements (e.g. record of damaged mail item, enquiry, delivery note, invoice, proof of postage), - submit the damaged mail item (packaging and contents or packaging and part of damaged contents), if the demand relates to damage to the contents of the mail item, must be submitted in writing. Article 44 21

22 (resolution of claims) In the claim resolution procedure the service provider may: - approve the claim and decide on the amount of compensation for the damage caused, if the user demanded compensation, - reject the claim as unfounded, - dismiss the claim as late. Article 45 (deadlines for resolution of claims) The service provider must respond to claims within 15 days for domestic mail and within two months for international mail, otherwise the user may lodge an appeal with the Agency for Communication Networks and Services of the Republic of Slovenia within 15 days of the expiry of that deadline. Article 46 (compensation amounts) (1) The maximum amounts of compensation for domestic mail items are given in the table below. Failure to provide, incomplete or incorrect provision Type of mail Loss or theft of mail Damage to or theft of contents of mail items in Express Mail Parcel Business parcel of postal services. other postal services and missed delivery deadlines if the value is indicated on the item the amount of the indicated value, but no more than EUR 4,200.00; if the value is not indicated on the item the amount of the actual damage, but no more than EUR ; if the value is indicated on the item the amount of the indicated value; if the value is not indicated on the item 15 times the price paid for the service; if the value is indicated on the item the amount of the indicated value, but no more than EUR 4,200.00; if the value is not indicated on if the value is indicated on the item the amount of the indicated value, but no more than EUR 4,200.00; if the value is not indicated on the item the amount of the actual damage, but no more than EUR ; if the value is indicated on the item the amount of the indicated value; if the value is not indicated on the item 10 times the price paid for the service; if the value is indicated on the item the amount of the indicated value, but no more than EUR 4,200.00; if the value is not indicated on the item the price paid for the service; the price paid for the service; the price paid for the service; 22

23 Letter in judicial proceedings, letter in administrative proceedings, letter in criminal proceedings and letter in procedure of entry into the companies register and procedure of deletion from the companies register the item the amount of the actual damage, but no more than EUR ; 15 times the price paid for the service; the amount of the actual damage, but no more than EUR ; 10 times the price paid for the service; the price paid for the service; In the event of loss, theft, damage or theft of contents of these mail items, the user shall also be entitled to reimbursement of the price paid for the service. Items delivered after D + 20 days shall be deemed lost items. (2) The maximum amounts of compensation for international mail items are given in the table below. Type of mail Loss, theft, damage, theft of contents Missed delivery deadlines in EU countries UPS Express Mail goods: the amount of the actual damage, but not more than EUR 4,200.00; documents: the price paid for the service; EMS Express Mail goods: the amount of the actual damage, but not more than EUR 4,200.00; documents: the amount of the actual damage, but not more than DTS 30.00; Parcel if the value is indicated on the item the amount of the indicated value; if the value is not indicated on the item 40 DTS per parcel DTS per kilogram or part of a kilogram of the weight of the parcel; International business parcel if the value is indicated on the item the amount of the indicated value, but no more than EUR 4,200.00; if the value is not indicated on the item the amount of the actual damage, but no more than EUR ; the price paid for the service*; the price paid for the service*; the price paid for the service; *Applies only to parcels sent to destinations with guaranteed delivery deadlines (also for addressees outside the EU). In the event of loss, theft, damage or theft of contents of these mail items, the user shall also be entitled to reimbursement of the price paid for the service. Items delivered after D + 40 days shall be deemed lost items. (3) Upon the loss, theft, damage or theft of contents of domestic Express Mail with indicated value, parcel with indicated value or business parcel with indicated value, the sender shall be entitled to compensation up to the amount of the indicated value of the Express Mail or parcel or 23

24 business parcel. If the actual damage is lower than the indicated value, the sender shall be entitled to compensation in the amount of the actual damage. (4) The addressee may demand compensation instead of the sender. In international mail the addressee may demand compensation only when it is not contrary to the currently valid acts of the Universal Postal Union and other international regulations and treaties. (5) If compensation for a particular mail item is paid to the sender, the addressee shall not be entitled to receive compensation, and vice versa. (6) When the contents of a damaged mail item are not damaged in their entirety, compensation shall be paid in the amount of damage corresponding to the damaged part of the item, but no more than the amount defined in the first and second points of this Article. (7) When compensation is paid for a damaged item in the amount of the entire value of the damaged item, the contents of the item shall be retained by the service provider. (8) When the contents of a damaged mail item are not damaged in their entirety, compensation shall be paid in the amount of damage corresponding to the damaged part of the item. The undamaged contents of the item shall be returned to the user, while the damaged contents of the item shall be retained by the service provider. Article 47 (payment of compensation) (1) The service provider shall pay the user compensation in the official currency of the Republic of Slovenia no later than 15 days from the adoption of a resolution on the payment of compensation. The service provider shall deposit the compensation amount on the user s current account that it reports to the service provider. (2) If the user does not have a current account, the service provider shall pay compensation in the form of a payment order sent to the user s address. VIII. RESOLUTION OF COMPLAINTS Article 48 (right to complain) (1) Each user shall be entitled to lodge complaints against the decisions or conduct of the service provider due to alleged fraudulent actions during the provision of other postal services. (2) If it is determined from the content of the complaint that the complaint relates to the matters referred to in the chapter on resolution of claims, the complaint shall be processed following the procedures and terms and conditions for resolution of claims pursuant to these General Terms and Conditions, about which the user shall be informed in writing. 24

25 Article 49 (deadline and procedure for lodging complaints) (1) Users may lodge complaints within 30 days of the day that the user learns of the contested decision or conduct of the service provider. (2) Users may lodge complaints to the service provider by letter, telephone, in person, via or by entering it in the Book of User Comments and Opinions, located in post offices. Users must provide explanations for their complaints and enclose the evidence on which they are basing their complaint. (5) If a user fails to lodge a complaint within the deadline set out in the first paragraph of this Article, the service provider shall dismiss the complaint as late and notify the user thereof. Article 50 (resolution of complaints) In the complaints resolution procedure the service provider may: - approve the complaint and determine a deadline for the rectification of the established irregularity, - reject the complaint as unfounded, - dismiss the complaint as late. Article 51 (deadline for resolution of complaints) The service provider must decide on complaints within 15 days of receipt and notify the user of the decision in writing. Article 52 (authority to which complaints should be addressed) If the service provider fails to approve a complaint or fails to decide on a complaint within the deadline set out in the preceding Article, the user may lodge an appeal with the Agency for Communication Networks and Services of the Republic of Slovenia within 15 days of the receipt of the decision or the expiry of the deadline for the decision. IX. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS Article 53 (amendments) The service provider reserves the right to amend these General Terms and Conditions and to publish them on the website 25

26 X. TRANSITIONAL AND FINAL PROVISIONS Article 53 (publication) The General Terms and Conditions shall be published on the service provider s website and displayed at the service provider s commercial premises intended for direct contact with users. Article 53 (court of justice) Any disputes shall be settled by the court with subject-matter jurisdiction in Maribor. These amendments and additions shall enter into force on 1 July Maribor, June 2014 Boris Novak General Manager Igor Marinič Deputy General Manager Vinko Filipič Member of the Senior Management 26