How to complain, who to complain to and when?
How to complain to HAKOM?
HAKOM resolves disputes between providers and users of postal services only upon the completed procedure at the operator and on the basis of a written request for dispute resolution and corresponding documentation. Therefore, if even after the postal service provider’s decision (in the first instance) and Consumer Complaints Commission of the Postal Services Provider (in the second instance) you still consider that your item has not been delivered to the addressee, or that it has been delivered with a delay, or that the item has not been delivered in a condition in which it was submitted for transport, i.e. if you believe your rights prescribed by the Postal Services Act have been violated, you can submit your request for dispute resolution within a period of 30 days.
HAKOM, as a rule, resolves disputes between providers and users of postal services without conducting a public consultation, in a transparent, objective and non-discriminatory manner, on the basis of the proposal by the Commission for Consumer Rights Protection, an advisory body set up at HAKOM under a special law which regulates consumer protection.
Stage I – Complaints to postal services provider (first-instance procedure)
How?
By the submission of a written complaint, with clearly described reasons for the complaint following an undesirable event (loss of a postal item, damage to the postal item or reduced content of the item, exceeding the time limit for transport or delivery of the postal item or the case where the postal services provider has failed to provide the service or has not provided the service in full), a written document should be obtained from the postal services provider (Enquiry form, Record of irregularity of item, Request for reimbursement of postage or similar documentation) in which the provider confirms what they believe happened with your item – guidance is provided by each postal services provider.
Who to?
To each postal service providers’ responsible service (post office, sorting plant, bureau, contact centre, customer service, etc.) – guidance is given by each postal services provider.
When?
For all complaints concerning the transport of postal items (items not delivered to the addressee, exceeding the deadlines for transport, reimbursement of extra collected postage and similar), a complaint should be filed within three months of the day of delivery of the postal item in national traffic, i.e. within six months of the date of delivers of the postal item in international traffic. Exceptionally, the addressee or another authorised person must file a complaint immediately at the delivery of a damaged postal item or a the delivery of a postal item with reduced content, and if they fail to do so for justified reasons, a complaint can be presented after the delivery only if the addressee encloses a proof that the damage or reduction of content of the postal item did not occur after delivery.
Deadline!
The postal service provider must send a written reply to the postal services user stating its position on whether the submitted complaint is founded no later than within 30 days after the complaint was filed in national traffic, or no later than within 60 days after the complaint was filed in international traffic.
Stage II – User’s complaint filed to Complaints Commission at postal services provider (second-instance procedure)
How?
In case a user is not satisfied with the resolution of his/her complaint in the first-instance procedure, the user has the right to file a complaint to the Consumer Complaints Commission at the postal services provider within 30 days of the received written reply.
Who to?
To the Consumer Complaints Commission of the postal services provider – guidance is given by each postal services provider.
When?
Immediately upon delivery of a written reply by the postal services provider (first-instance resolution), and no later than within 30 days.
Deadlines!
Consumer Complaints Commission must send a written reply to the postal services user within 30 days of the date of receipt of his/her complaint.
Stage III – Procedure before the Croatian Post and Electronic Communications Agency
How?
When a consumer is not satisfied with the resolution by the Consumer Complaints Commission at the postal services provider (second-instance resolution), within 30 days of the day of submission of a written reply by the commission, a written request for dispute resolution can be filed to HAKOM.
If in the procedure of resolution of the above dispute the postal services user files an action for the identical factual and legal basis before the competent court, too, HAKOM will suspend the dispute resolution procedure.
In addition to the written request for dispute resolution, the consumer must also enclose: a copy of the complaint to the postal services provider and the provider’s reply to the complaint, a copy of the complaint to the commission at the postal services provider and the commission’s reply and a copy of other available documentation (appropriate proof on which he/she basis his/her request).
Who to?
Croatian Post and Electronic Communications Agency
Roberta Frangeša Mihanovića 9
10 110 Zagreb, Croatia
When?
Within 30 days of the date of delivery of the second-instance resolution, the consumer should submit to HAKOM a written complaint, stating the reason for filing and a brief summary of the dispute, a copy of the first-instance resolution provider (Enquiry form, Record of irregularity of item, Request for reimbursement of postage…) a copy of the complaint to the Consumer Commission of the concerned provider and its reply and any copies of other available documentation.
If necessary, you can reach us by phone from 09:00 – 11:30, Monday to Friday, at 01/700 70 60.
Deadline!
HAKOM adopts the decision on the submitted request by the consumer for dispute resolution within the shortest possible deadline, and no later than within four months of the day of submission of a complete request for dispute resolution.
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