40 No. 3
Electronic and Postal Communications
(d)
(e)
Postal
licensee
liability for
losing
2010
opening of correspondence or postal items earmarked
for destruction by Authority or postal licensee; and
opening of correspondence or postal items that
present signs of containing material or substance
whose dispatch, use or distribution is prohibited.
43.-(1) The postal licensee shall be responsible for
correspondences and postal items entrusted to it and pay
compensation to customers for losing, misplacing, delivery or
failing to guarantee the integrity of correspondence or postal items
in the form and amount specified in rules made by the Authority.
(2) The compensation of correspondences and postal items
dispatched or received from abroad, shall comply with the
international conventions and treaties ratified by the United
Republic.
(3) The postal licensee shall not assume liability to the
customer for losing, misplacing, delaying delivery or failing to
guarantee the integrity of correspondence or a postal item if that
customer(a) owing to user behavior involving an infringement of the
law or regulation; and
(b) owing to defects or risks inherent in the nature of
correspondence or postal items.
(4) Any postal customer who has correspondence or a postal
item lost, misplaced, delivered with delay, spoiled or damaged in
conditions specified in this Act shall apply to the postal operator
compensation in the form and amount specified in the regulations.
(5) Where the postal licensee fails to comply with the request
for compensation, the postal customer may complain to the
Authority in the form and period specified in the regulations.
Posting and
ownership of
correspondence and
postal item
44.(1) A postal article shall be deemed to have been posted
if it is deposited into a posting box or handed over to an employee
or agent of a postal licensee authorized to receive it.