What is Act No. 29 / 2000 Coll.?

Act No. 29 / 2000 Coll., on postal services and amending certain laws (Act on postal services) — Law on postal services and on the amendment of certain laws (Law on postal services).

When it became Act No. 29 / 2000 Coll. effectiveness?

Act No. 29 / 2000 Coll. became effective 01.07.2000.

Is Act No. 29 / 2000 Coll. still valid?

Yes, Act No. 29 / 2000 Coll. is still valid and effective.

Act No. 29 / 2000 Coll. - Law on postal services and on the amendm...

29

THE LAW

of 18 January 2000

on postal services and amending certain laws (Postal Services Act)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

LEGAL ADJUSTMENT OF POSTAL SERVICES AND PATCHING SERVICES

HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Subject matter

(1) This law incorporates the relevant European Union1 provisions and regulates the conditions for the postal services business, the conditions for the provision and operation of postal services, the rights and obligations arising from this activity, as well as the special rights and obligations of those postal service operators who are obliged to provide and provide essential services, and the exercise of state administration and regulation in the field of postal services.

(2) This law further regulates, following the directly applicable regulation of the European Union27) the procedure of the provider of parcel delivery services and the scope and powers of the Czech Telecommunications Office (hereinafter the Office) in the field of cross-border parcel delivery services.

§ 2

Definition of basic terms

(1) For the purposes of this Act:

(a) a postal service activity which, as a general rule, involves the postal submission, sorting and transport of a postal consignment through the postal network and is carried out for the purpose of delivering the postal consignment to the recipient; the delivery of the amount of money required is considered as a postal service,

(b) the postal consignment address the consignment in which it is to be delivered by the operator; the postal consignment also means the postal package,

(c) postal order, the purpose of which is to deliver the amount of money required;

(d) by the operator, the person providing postal services or providing foreign postal services;

(e) by the consignor, the person identified as the consignor on the postal consignment or on the postal voucher document; where the consignor is not marked, the person who concluded the postal contract;

(f) the addressee of the person who is marked on the postal consignment or on the postal voucher document as the addressee by the consignor;

(g) the consignee of the addressee or, where appropriate, another person who, under the postal contract, has or can be issued a postal consignment or paid the amount of money required;

(h) the delivery of the postal consignment or payment of the amount of money purchased by the operator to the recipient;

(i) by returning the issue of the postal consignment or the payment of the amount of money ordered by the operator to the consignor or, where appropriate, to another person who, under the postal contract, has or may be returned;

j) a foreign postal service, the provision of which has been negotiated abroad and the purpose of which is the delivery of a postal consignment or cash amount in the Czech Republic and which falls within the field of postal services at that stage which is provided by the operator in the Czech Republic;

(k) essential postal services and foreign postal services which, due to public needs, are under the protection of the State in a manner provided for in this Act;

(l) by a foreign operator who is engaged in the provision of postal services abroad in cooperation with the operator;

(m) documents of communication in writing on a document addressed to a particular person;

(n) by postal submission of the receipt of the postal consignment or referred to by the operator for the provision of the postal service;

(o) the postal network system of the organisation of activities and technological elements, technical installations, plant network or specific services of the operator used to ensure the provision of postal services;

(p) express mail service means a service which, apart from the greater speed and reliability of the collection and delivery of mail, is characterised by the provision of services with the following characteristics or by any of them: delivery guarantee on a specified date, collection of consignments from the point of departure, transfer to the consignee in its own hands, possibility of changing the destination and the consignee during transport, confirmation by the consignor of the receipt of the consignment, inspection and monitoring of the consignments sent, customer service and provision of the service, as required by the customer.

(2) The postal service under this Act is not:

(a) the transport of mail, provided that it is carried out by a person who has not carried out at the same time submissions, sorting or delivery of such consignments;

(b) a service similar to a postal service carried out by a consignor or a connected person.

§ 3

Basic services

(1) Basic services include:

(a) mail delivery service up to 2 kg;

(b) postal parcel delivery service up to 10 kg;

(c) the service of delivery by postal order of the cash amount;

(d) the service of delivery of the recommended consignments, which means a service providing a flat-rate compensation guarantee in the event of loss, damage or loss of the contents of the postal consignment and providing proof to the consignor of the postal submission of the postal consignment and, where appropriate, at his request, proof of its delivery to the addressee;

(e) a service of supply of securities, which means a service providing a guarantee of damages in the event of loss, damage or loss of the contents of the postal consignment, up to the amount of the value of the postal consignment declared by the consignor;

(f) free delivery of mail up to 7 kg for blind persons,

(g) services which must be provided on the basis of obligations arising from the membership of the Czech Republic in the World Postal Union.

(2) Basic services must be provided

(a) permanently throughout the territory of the Czech Republic through a network of establishments whose minimum number shall be laid down by the Government on a proposal from the Office; establishments held by a third party in the name and on behalf of the holder of the postal licence shall be counted against this number,

(b) of a specified quality which complies with the needs of the public;

(c) at affordable prices allowing the use of basic services to an extent appropriate to the normal needs of persons;

(d) each working day and must enable at least one post office submission on those days and at least one delivery to the address of each natural or legal person, or in exceptional cases, in particular where the place of delivery is dangerous or disproportionately difficult to reach, as provided for in the implementing legislation referred to in paragraph 3, one delivery to the appropriate establishment or storage place;

(e) in a manner which complies with the requirements of official service of documents under specific legislation.

(3) The implementing legislation lays down a detailed technical specification of the various basic services, including the dimensions of postal packages and other mail, and lays down, in accordance with paragraph 2, the arrangements for the provision and provision of basic services in such a way that they are carried out in the quality necessary in the public interest (hereinafter referred to as "basic qualitative requirements'). The basic quality requirements shall ensure, in particular, the speed, reliability and regularity of basic services, the sufficient density of service points providing postal submissions, as well as the necessary level of user information on how to provide basic services.

HLAVA II

POSTAL SERVICES

Conclusion of the postal contract

§ 4

(1) An operator is required to make postal conditions available in each of its premises as well as in a way that allows remote access. By making this available, it offers everyone the conclusion of a postal contract.

(2) The operator shall conclude a postal contract with anyone who requests its conclusion within the limits of the postal conditions and in the manner specified therein.

(3) An operator shall not be obliged to conclude a postal contract if its content is also to include derogations from or supplement the rights and obligations which are to become the content of the legal relationship arising from the postal contract. Such a postal contract may be concluded by the operator if such an option is pointed out in the postal conditions and if such derogations and supplements do not alter the nature of the postal service offered.

(4) An operator shall be entitled, when concluding a postal contract, to require the consignor to demonstrate that the postal consignment and its modification comply with the postal conditions; However, he is not obliged to find out.

§ 5

(1) The postal contract shall oblige the consignor to deliver the postal consignment or the cash amount from the post office point to the consignee in an agreed manner to the place indicated in the address and the consignor shall, unless otherwise agreed, undertake to pay the operator the agreed price. Any contract involving the provision of a postal service shall be regarded as a postal contract.

(2) An operator is not liable for failure to fulfil obligations under a postal contract due to reasons on the part of the beneficiary or due to the fulfilment of an obligation imposed on the operator by this law or special legislation (m2).

(3) Unless otherwise agreed with the operator, the consignor shall adjust the postal consignment in accordance with § 6 (2) (c) and (d).

§ 6

Postal conditions

(1) Postal conditions must be in writing.

(2) The postal conditions must contain a minimum of:

(a) a description of the postal service provided;

(b) the way in which the postal contract can be concluded;

(c) the required adjustment of the postal consignment, its dimensions and weight;

(d) the provisions determining which content of the postal consignment is considered dangerous or requires special treatment, as well as the compulsory special treatment of such mail;

(e) provisions determining the illegal content of the postal consignment,

(f) the method and conditions of delivery;

(g) the price of the postal service, the manner in which it is to be paid and the extent of the shipper's entitlement to repayment if the operator has infringed the obligation under the postal contract;

(h) the operator's progress in the impossibility of delivery of the postal consignment;

(i) the way in which the complaint is made, including details of where and within what time limits the complaint can be made and the time limits for its execution;

(j) the operator's procedure for opening the postal consignment pursuant to Article 8;

(k) the operator's procedure for the sale or destruction of a postal consignment or part thereof pursuant to Articles 9 and 10, including the period within which such handling of the consignment is conditional;

(l) the extent of liability for damage caused pursuant to Paragraph 13 (1);

(m) limitation of the amount of compensation pursuant to Paragraph 13 (4);

(n) a list of the provisions which cannot be derogated from by agreement of the Parties;

(o) the conditions for sending a postal consignment or a cash amount abroad, where it offers such a service;

(p) information on the manner in which disputes concerning the subject matter of the postal contract are resolved.

(3) An operator shall publish information on the change in postal conditions in each of its premises and in a way that allows remote access at least 30 days before the change in postal conditions takes effect.

(4) The Authority may, by decision, require the operator to make a change to the postal conditions within a period of no less than 20 days if they are contrary to this law or the implementing legislation relating to that law or to the legislation containing consumer protection rules, due to unfair, misleading or aggressive commercial practices or to discrimination against consumers (17). The change of postal conditions shall be carried out by the operator at the latest on the date following the end of the period referred to in the first sentence; in this case, paragraph 3 shall not apply.

§ 6a

Dispute settlement

(1) If the operator fails to comply with or fails to deal with the complaint of defects of the postal service provided, the consignor or the addressee shall be entitled to submit to the Office an application for an objection to the processing of the complaint without undue delay, but no later than 1 month after the date of receipt of the complaint or the futile expiry of the period for its execution, otherwise the right to object shall cease. Submission of an application shall be subject to an administrative fee.

(2) If the parties to the conciliation procedure or the Office fail to approve the conciliation procedure, the Office will decide whether or not the complaint has been dealt with properly. The Office shall, on a proposal from the Office, decide in the procedure referred to in paragraph 1 on the rights and obligations of the parties arising from the postal contract or this law. The time limit for the decision shall be 90 days. This period may be extended for particularly complex disputes. The Parties shall be informed, without undue delay, of the extension of this period and of the overall period until which a decision may be expected to be taken.

(3) The Office will admit to the successful party the costs necessary for the effective application or defence of the right against the unsuccessful party. Where a party to the proceedings has had only partial success, the Office may apportion the costs or decide, where appropriate, that none of the parties has the right to pay the costs. Although the party to the proceedings had only partial success, the Office may grant it full reimbursement of the costs, if the failure was in a relatively small part or if the decision on the level of performance depended on the expert opinion or consideration of the Office. The Office shall also grant full payment of the costs to the party concerned where a reasoned application has been withdrawn for the conduct of another party.

(4) In the context of the notice of initiation of the dispute referred to in paragraph 1 initiated on a proposal from the consumer, the Office shall inform the parties to the dispute, in an appropriate manner, of the right to legal assistance and of the non-obligation of legal representation. By submitting a proposal, the consumer agrees to the legal effects of the outcome of the dispute to the extent of the information published or provided by the Authority under another legislation26).

§ 7

Rights under the postal contract

(1) Only the consignor shall have the right to dispose of the postal consignment or the amount of money required until delivery; the operator may only treat the postal consignment or the amount of money referred to in paragraph 1 to the extent necessary and only in such a way as to form part of the provision of the postal service.

(2) Other persons and authorities not referred to in paragraph 1 may only dispose of the postal consignment or the amount of money required until its delivery if they comply with the postal contract or provided for in specific legislation3a).

(3) Rights under the postal contract shall be suspended one year after the submission of the postal document, unless otherwise provided for in this law.

§ 8

Opening of the postal consignment

(1) An operator is entitled to open a postal consignment if:

(a) it cannot be delivered and cannot be returned or is not to be returned under the postal contract;

(b) there is a reasonable suspicion that it contains a case considered to be dangerous under postal conditions or a case whose submission is not permitted under postal conditions;

(c) have been damaged;

(d) there is a reasonable concern that damage has occurred or could have occurred before delivery; or

(e) it is necessary to comply with obligations imposed on operators by special legislation3b).

(2) The provisions of paragraph 1 shall not apply to a postal consignment from which it is evident from the external arrangements that it is untouchable under an international treaty which is part of the legal order of the Czech Republic (4).

(3) The operator shall inform the addressee or, where applicable, the consignor of the opening of the postal consignment when returning the mail.

(4) The contents of the postal consignment may be examined only to the extent necessary to ensure the purpose of the inspection when it is opened. When opening, protection must be ensured of the facts which are protected under special legislation5), as well as protection of postal secrecy (§ 16) and of the postal secret6).

§ 9

Sales of the postal consignment by the operator

(1) An operator shall be entitled to sell a postal consignment or part of it after the agreed time limit has expired if:

(a) the postal consignment cannot be delivered and cannot be returned at the same time or is not to be returned under the postal contract; or

(b) there is a reasonable concern that the contents of the postal consignment will be discarded until delivery.

(2) A postal consignment cannot be sold, which is inviolable under an international treaty, which is part of the legal order of the Czech Republic (4). It is not possible to sell the contents of a postal consignment covered by a letter secret. 6)

(3) Where possible, the proceeds of the sale after deduction of the costs of storage, the cost of the sale and the unpaid part of the price ("net proceeds') shall be issued by the operator to the consignor. If the net proceeds have not been issued, the consignor shall have the right to apply for its issue within the period referred to in Article 7 (3); the right to issue the net proceeds shall cease after the time limit has expired and the net proceeds shall be payable to the operator.

§ 10

Destruction of the postal consignment by the operator

(1) The operator shall be entitled to destroy the postal consignment or part of it after the agreed time limit has expired if the contents of the postal consignment have been completely or partially impaired.

(2) An operator shall be entitled to destroy a postal consignment or part thereof before the expiry of the agreed period if this is necessary to ensure the protection of human health.

(3) If the postal consignment cannot be sold and cannot be returned or not returned under the postal contract, the operator shall destroy it after the agreed deadline.

(4) The provisions of paragraphs 1 to 3 shall not apply to a postal consignment which is untouchable under an international treaty which is part of the legal order of the Czech Republic (4).

§ 11

Issue of the amount of money to the sender

If the amount of money required has not been delivered or refunded, the operator shall pay it to the consignor if the consignor so requests within 10 years of the postal submission; the right to issue the cash amount shall cease to exist after the time limit has expired and the cash amount shall be attributable to the operator.

Liability for damage caused by the provision of postal services

§ 12

(1) The operator shall be responsible for the damage caused by the provision of postal services to the extent provided for by this Act and the postal contract.

(2) The operator is liable only for damage caused between the time of the post office submission and delivery or return.

(3) The operator is not liable for damage caused by the consignor or consignee.

(4) An operator shall not be liable for damage caused by an inevitable event unless otherwise agreed.

(5) An operator shall not be liable for damage caused by the confiscation or retention of a postal consignment or the amount of money or other measure required, provided that they have been carried out under this Act or under a special legislature.2)

(6) The operator shall not be liable for damage caused by the special nature or weaponization of the contents of the postal consignment.

(7) Until the postal consignment or the amount of money required has been delivered, the consignor shall have the right to compensation; upon delivery, the addressee shall have this right.

(8) The right to compensation cannot be transferred to another, unless otherwise agreed.

(9) Damage is paid in cash.

§ 13

(1) The operator shall be liable for damage caused by loss, damage or loss of the contents of the postal consignment only to the extent agreed in the postal contract. It is responsible for any other damage to the postal consignment only if it has been agreed in the postal contract.

(2) In the event of the loss of the postal consignment, the operator shall pay the damage equivalent to the price that the postal consignment had at the time and place of its submission. However, if a flat-rate compensation has been agreed, the operator shall pay compensation equivalent to the agreed flat-rate amount.

(3) Where the content of the postal consignment is damaged or incomplete, the operator shall pay the damage equal to the difference between the price that the postal consignment had at the time and place of its submission and the price that the postal consignment would have been damaged or incomplete at the time and place of its submission; However, where it is appropriate to make a correction, the operator shall pay the cost of the correction.

(4) Where, in accordance with the postal contract, the consignor has indicated on the postal consignment the amount he appreciates, the damage shall be reimbursed up to that amount. In other cases, the damage shall be reimbursed up to the amount agreed in the postal contract; If such an amount has not been agreed, the amount of the refund shall not be limited.

(5) Where it is demonstrated that the loss, damage or loss of the contents of the postal consignment has been caused by the intentional conduct of an operator's employee or person authorised to act as an operator, or by any other person who is a natural person, the compensation shall be granted at the level referred to in paragraphs 2 and 3, the limitation of the extent of liability agreed pursuant to paragraph 1 or the limitation of the amount of compensation referred to in paragraph 4 being disregarded. Where a flat-rate compensation has been agreed in accordance with the second sentence of paragraph 2, the operator may be entitled to compensation under the first sentence of paragraph 2 instead of a flat-rate compensation claim.

§ 14

The operator is responsible for the damage caused by the postal voucher only if it has been agreed in the postal contract.

§ 15

Postal consignments and postal vouchers abroad

(1) Paragraph 2 to 14 shall apply mutatis mutandis, taking into account the participation of the foreign operator and the rules in force abroad, when negotiating a postal consignment contract abroad or a postal voucher abroad.

(2) The time limit for the limitation of the rights under the contract for mail delivery abroad or the postal voucher abroad may be negotiated differently from the provisions of Paragraph 7 (3), provided that such modification of the time limit is subject to the cooperation of the foreign operator in the provision of the postal service.

(3) The operator's liability for damage arising in connection with a postal consignment abroad or a postal voucher abroad may be negotiated differently from the provisions of § 12 to 14, provided that such an arrangement of the operator's liability is conditional upon the cooperation of the foreign operator in the provision of the postal service.

HLAVA III

_

§ 16

(1) The operator, the person involved in the provision of postal services and the person carrying on the activity referred to in Paragraph 37 (hereinafter referred to as "the carrier of postal secrets") are under an obligation to remain silent about the facts relating to the postal service provided or provided which they have learned in their activities. Knowledge of these facts may be used only for the purpose of providing the postal service or activity referred to in Paragraph 37; they may not allow any other person to become aware of them.

(2) Paragraph 1 shall not apply to information which does not indicate who was the consignor or who was the addressee.

(3) The carrier of the postal secret may provide information on the postal service provided to the consignor, the addressee, the legal successor of the consignor or the addressee, the representative of the consignor or the addressee or, where appropriate, other persons who, with the knowledge of the consignor or the addressee, act for their benefit.

(4) Only the consignor, the consignee, the legal successor of the consignor or the addressee and the representative of the consignor or the addressee may release the carrier from the obligation under paragraph 1.

(5) Only the operator may detect the contents of the postal consignment when it is opened in accordance with § 8 (1).

(6) The provisions of paragraphs 1 to 5 shall not apply where the postal service operator has an obligation under this law or under special legislation2).

(a) to communicate or obtain information on the postal service provided or provided to persons and authorities authorised under special legislation 3a;

(b) to issue to persons and authorities authorised under special legislation (3a) a postal consignment or the amount of money required; or

(c) take or allow other measures.

(7) The postal service operator shall:

(a) to issue, for the period strictly necessary, to the authorities authorised to use the information technology under special legislation (9a), a postal consignment, or to allow them to take other measures relating to the postal consignment, at the request of the head of that authority or of his authorised person, and under the conditions laid down in special legislature9a);

(b) maintain confidentiality regarding the procedure referred to in (a).

(8) Paragraphs 1 to 7 shall apply mutatis mutandis to foreign postal services.

HLAVA IV

OPERATING OF POSTAL SERVICES

§ 17

Conditions of business in the field of postal services

(1) In the field of postal services, natural or legal persons who fulfil the general conditions for business under this law may, under the conditions laid down by this law, engage in business.

(2) The general conditions for the postal business are:

(a) for natural persons at least 18 years of age and full legal capacity;

(b) integrity,

(c) the fact that a natural or legal person is not registered in the tax records with the authorities of the Financial Administration of the Czech Republic or with the authorities of the Customs Administration of the Czech Republic with the exception of the arrears for which it is permitted to wait his payment or to distribute his payment on instalments.

(3) For the purposes of this law, a person who has been convicted of a final sentence shall not be deemed to be righteous.

(a) for an intentional offence of at least 1 year in prison,

(b) for an intentional offence committed in connection with a business not covered by point (a); or

(c) for a criminal offence committed by negligence in connection with a postal business;

if he's not looked at as if he's not convicted.

(4) For a legal person, the condition of integrity referred to in paragraph 3 shall be met by members of the statutory body.

(5) The integrity shall be demonstrated by an extract from the Register of Penalties register, with respect to foreign persons the documents referred to in Article 18 (3) (b). The Office shall request an extract from the record of the Register of Penalties pursuant to a special legislation (18). An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.

(6) In the field of postal services, the natural or legal person whose property has been declared bankrupt may not be allowed to do so from the date of:

(a) the sale of an undertaking by a single contract in the context of the purchase of property at the time of the expiry of the time limit under the special legislature19);

(b) the acquisition of legal power by a court of a decision which has ceased the operation of an undertaking or from the date specified in that decision as the date on which the operation of an undertaking is terminated.

(7) In the field of postal services, a natural or legal person may not, for a period of 3 years from the date on which the decision to reject the insolvency application becomes final because the property of the debtor will not be sufficient to cover the costs of the insolvency proceedings. Furthermore, a natural or legal person may not engage in postal business for a period of 3 years from the date on which the decision to cancel the bankruptcy takes effect because the debtor's assets are not sufficient to satisfy the creditors. If the bankruptcy was cancelled for another reason, the obstacle to the postal services business referred to in paragraph 6 shall cease from the date on which the decision to cancel the bankruptcy takes effect.

§ 18

Notification of business in postal services

(1) A right to business in the field of postal services shall arise on the date of receipt of a written notification of the undertaking which satisfies the requirements laid down in paragraphs 2 and 3 of this Article by means of a form (hereinafter referred to as "notification"), the model of which the Office shall lay down by implementing legislation. The Office shall also publish the form in a way that allows remote access.

(2) The notification shall contain the particulars referred to in Paragraph 37 (2) of the Administrative Regulation, and

(a) for a foreign natural person, the address of the place of permanent residence outside the Czech Republic, the address of the place of residence in the Czech Republic, if any, the address of the location of the organisational component in the Czech Republic, if any; for a foreign legal person, the address of the registered office and the address of the location of the organisational component in the Czech Republic,

(b) the list of essential services or other postal services which it intends to provide;

(c) the territorial scope on which it intends to provide postal services;

(d) data on the postal network through which the postal services are to be provided;

(e) the date of the envisaged start of the provision of postal services.

(3) The notification referred to in paragraph 1 shall be accompanied by:

(a) proof that the legal person has been established or established where the registration has not yet been carried out or evidence that the legal person is registered in the relevant register, with the exception of the commercial register, if the registration has already been carried out; in the case of a foreign legal person, an extract from a commercial or similar register held in the State of residence and proof of the operation of the business abroad; evidence of the operation of an undertaking abroad is not provided by a legal person having its registered office, central administration or principal place of business in a Member State of the European Union; the extract from the register shall not be more than 3 months old;

(b) in the case of a foreign natural person, an extract from the foreign criminal record or an equivalent document issued by the authority of the State of which he is a citizen, as well as the State where the last person has remained continuously for at least 6 months over the last 3 years; if the State does not issue such documents, a declaration of integrity made before the competent authority of that State; such documents or declarations may not exceed 3 months;

(c) for a foreign natural person, proof of permanent residence, if granted; a foreign natural person who establishes an organisational component of an enterprise in the Czech Republic, a document proving that he has an undertaking outside the Czech Republic and evidence of its operation; evidence of business operation is not substantiated by a national of a Member State of the European Union;

Citation	Act No. 29 / 2000 Coll., on postal services and amending certain laws (Act on postal services)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	22.02.2000
Effective from	01.07.2000
Effective until	-
Status	Valid

Act No. 29 / 2000 Coll.

Law on postal services and on the amendment of certain laws (Law on postal services)

Contents