INDEMNIFICATION OF DAMAGES
The loss, incurred due to loss of or damage to postal items (made during the time period from their acceptance till delivery to the receiver) is indemnified according to the Postal Law of the Republic of Lithuania. The loss, incurred due to loss of or damage to international postal items is indemnified according to the provisions of the Universal Postal Comvention, as well as Letter post and Parcel post Regulations of the Universal Post Union. The incurred indirect loss and non-received revenues are not included into the loss indemnification amounts.
In case due a default on the part of the provider of postal services postal items are lost or damaged, lack articles/goods or the articles/goods are damaged, the provider of postal services must indemnify for the following:
· the lost registered item of postal correspondence, not insured by the sender, as well as for all the damaged articles/goods, contained in that postal item – the amount, equal to the sending expenses. In case of a partial tearing or damage of a registered postal item the sender has the right to indemnification of loss, equal to the actual amount of the damage done, however the said amount cannot exceed the value of the postal item;
· a part of the lost or damaged articles/goods, contained in the registered item of postal correspondence or in the lost postal parcel – the amount, equal to the value of the lost/damaged articles/goods, contained in the postal item, however the said amount cannot exceed the amount, equal to the expenses of sending of the postal item;
· for a lost insured postal item – the amount, equal to the expenses of sending and the amount of insurance;
· for a part of the lost or damaged articles/goods in the insured postal item with the description of the articles/goods – the amount, equal to the expenses of sending and the value of the lost or damaged articles/goods, specified in the description of the articles/goods, however such amount cannot exceed the amount of insurance of the entire postal item.
The provider of postal services does not indemnify for losses in the following cases:
· during the sending of the postal item force majeure circumstances came into existence, due to which the postal item was lost, there are missing or damaged articles in the postal item and it is impossible to detect the reasons for such occurrence, since the necessary official documents, necessary for the evidence are destroyed and there is no other way to prove the default on the part of the provider of postal services;
· the damage was done due to the default on behalf of the sender, since the sender has violated the requirements, applicable by the provider of postal services with regard to the package, packing of articles or the peculiar features of the sent articles/goods;
· the postal item, the articles/goods, contained in the postal item or a part thereof are confiscated in the cases, foreseen in and according to the procedure, established in the laws and other legal acts of the country of dispatch or receipt;
· upon delivery to the receiver of the registered postal item or parcel, the package (tare) thereof, the impression of the post office of origin, the label bearing a special stamp, the adhesive tape, the seal or the tying string have not been damaged and the weight of the postal item or parcel corresponds to the one indicated in the post office of origin;
· the receiver accepted the postal item or parcel and undersigned to evidence the receipt;
· the postal item or parcel has not been received through the fault of the person authorised by the receiver to collect it;
· the postal item or parcel has been lost or damaged in the country providing no compensation for that kind of damage made;
· postal items and parcels of the prisoners of war and the internees are sent.
The said provisions are applicable with regard to the providers of courier services in case no other provisions are foreseen in agreement with the consumer in this regard. In case an agreement mitigates the position of the consumer, the provisions above are applicable.
Updated on 2011-02-01back