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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 13.03.2010.–31.12.2013.
Amendments not included: 10.09.2013., 20.08.2019.

Republic of Latvia

Cabinet
Regulation No. 227
Adopted 9 March 2010

Regulations Prescribing the Procedures, by which a Postal Operator Disburses Compensation for the Loss, Damaged or Missing Content of Inland Postal Items

Issued pursuant to
Section 47, Paragraph two of
the Postal Law

I. General Provisions

1. This Regulation prescribes the procedures, by which a postal operator disburses compensation for the loss, damaged or missing content of inland postal items (hereinafter - compensation).

2. If an inland postal item has been lost or it has been determined that its contents are damaged or missing, the person, who in accordance with Section 46 of the Postal Law is entitled to compensation (hereinafter - recipient of compensation), may submit a claim to the postal operator regarding receipt of compensation (hereinafter - claim for compensation). The following shall be indicated in the claim for compensation:

2.1. information regarding the submitter;

2.2. the claim;

2.3. facts, which are the basis for receipt of the compensation (description); and

2.4. the type of disbursement of the compensation.

3. If a claim for compensation has been received, the postal operator shall perform an investigation, in order to determine the circumstances referred to therein.

4. A postal operator shall, not later than within a period of one month following the receipt of a claim for compensation, take a decision regarding the granting or refusal to disburse compensation, substantiating the reasons for the refusal. A postal operator shall inform the submitter of the claim for compensation in writing regarding the decision taken.

5. If the claim for compensation is substantiated, the postal operator shall be financially liable in the cases referred to in Section 44 of the Postal Law.

6. In the decision regarding the disbursement of compensation the postal operator shall indicate the amount of the compensation to be disbursed in accordance with this Regulation.

II. Amount of the Compensation to Be Disbursed

7. A postal operator shall disburse compensation in the amount of LVL 20 and the tariff sum paid for the postal service regarding a lost registered letter-post item irrespective of the contents or weight thereof.

8. If it is determined that the contents of a registered letter-post item are damaged or missing, and the registered letter-post item:

8.1. has a list of contents, the postal operator shall disburse a compensation, which is commensurate with the actual value of the damaged or missing objects according to the list of contents, with the stipulation that the compensation to be disbursed shall not exceed the amount referred to in Paragraph 7 of this Regulation; or

8.2. does not have a list of contents or any of the items is not referred to in the list, the postal operator shall disburse a compensation, in an amount which is derived from the part of the amount referred to in Paragraph 7 of this Regulation and part of the tariff sum that was paid for the postal service in proportion to the decrease in the weight of the postal item.

9. For a lost insured postal item, irrespective of he contents and weight thereof, a postal operator shall disburse a compensation, which complies with the insurance amount of the postal item, and the tariff sum paid for the postal service.

10. If it is determined that the contents of an insured postal item are damaged or missing and the insured postal item:

10.1. has a list of contents, the postal operator shall disburse a compensation, which is commensurate with the actual value of the damaged or missing objects according to the list of contents, with the stipulation that the compensation to be disbursed shall not exceed the amount for which the postal item was insured; or

10.2. does not have a list of contents or any of the items is not referred to in the list, the postal operator shall disburse a compensation, in an amount which is derived from the part of the insured amount and part of the tariff sum that was paid for the postal service in proportion to the decrease in the weight of the postal item.

11. A postal operator shall disburse a compensation for a lost uninsured postal parcel. A compensation shall consist of:

11.1. the basic amount - LVL 30;

11.2. an additional amount, which shall be determined in accordance with the weight of the postal parcel - LVL 3 per kilogram; and

11.3. the tariff sum that was paid for the postal service.

12. If it is determined that the contents of an uninsured postal parcel are damaged or missing and the uninsured postal parcel:

12.1. has a list of contents, the postal operator shall disburse a compensation, which is commensurate with the actual value of the damaged or missing objects according to the list of contents, with the stipulation that the compensation to be disbursed shall not exceed the amount referred to in Paragraph 11 of this Regulation; or

12.2. does not have a list of contents or any of the items is not referred to in the list, the postal operator shall disburse a compensation - part of the amount as referred to in Section 11 of this Regulation in proportion to the decrease in the weight of the postal parcel.

13. For a postal parcel returned without an explanation of the reason why it was not delivered, a postal operator shall disburse a compensation which complies with the tariff sum that was paid for the postal service, if the claim for compensation of the sender is submitted immediately upon receipt of the relevant returned postal item.

III. Disbursement of the Compensation

14. A postal operator shall disburse the compensation in cash at the location specified by the postal operator for disbursement of the compensation or shall transfer the compensation to the credit institution account specified by the recipient of the compensation or an account of the postal settlement system.

15. A postal operator shall disburse or transfer the compensation into the account referred to in Paragraph 14 of this Regulation within a period of one month following the day when the relevant decision was taken.

16. If a recipient of the compensation has indicated in a claim for compensation a compensation amount smaller than that referred to in this Regulation, a postal operator is entitled to disburse the compensation in the amount specified in the claim for compensation.

Prime Minister V. Dombrovskis

Minister for Transport K. Gerhards

 


Translation © 2011 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 227Adoption: 09.03.2010.Entry into force: 13.03.2010.Publication: Latvijas Vēstnesis, 41, 12.03.2010.
Language:
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206470
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