Delayed parcel delivery
Delayed parcel delivery
"I sent a parcel to France using a private postal service that guaranteed door-to-door delivery by 12 noon on the next working day. The parcel didn't arrive at its destination until 7 days later - can I get a refund?"
Christian, Geneva
When you send a parcel by a private postal service, you are entering into a contract of carriage with that company and accepting its general terms and conditions, as well as the provisions of the international conventions relating to air transport or international road transport, all of which limit the liability of the private postal service in the event of delay. Thus, despite the company's undertaking to deliver the parcel within the agreed time, it cannot be held liable for any delay if it proves that all measures that could reasonably have been required to avoid the delay were taken, or that it was impossible for it to take them. Such liability is also excluded if the delay is due to circumstances beyond its control, such as the acts or omissions of persons not employed by the company, customs actions, earthquakes, floods or aircraft accidents. The customer also has obligations, both legal and contractual, with which he or she must comply, in particular proving the accuracy of the information supplied, as well as compliance with customs, import and export laws and regulations. Moreover, if the consignment is extremely urgent and the delay in delivery is likely to cause the sender or recipient significant damage, it is preferable to insure yourself independently against this risk, as the liability of the private postal service is in principle excluded in such cases.
Apart from these situations, this type of company guarantees reimbursement of all or part of the transport costs for most of the services it offers, such as the one you have chosen. Complaints must be made in writing or by telephone to the private postal service within a reasonable period (specified in the service's general terms and conditions) from the date of dispatch. The postal service will then send you a refund if the conditions are met, give you the reasons why it is not bound by the guarantee, or provide you with proof of delivery within the agreed time.
If you wish to obtain a refund from the postal service in question, you must submit a complaint within the period stipulated in its general terms and conditions. If the delay can be attributed to the company and the legal and contractual conditions are met, it must reimburse you.
