The National Authority for Management and Regulation in Communications (ANCOM) draws the attention of postal service users to the risks involved in sending valuable goods via postal services. A growing number of users are reporting cases where such goods end up damaged or lost, while the compensation granted by postal service providers is often perceived as insufficient compared with the actual value of the items sent.
In this context, ANCOM reminds users of the legal limits of postal providers’ liability and of the measures they can take to reduce risks when sending valuable goods.
What do users need to know?
Users must bear in mind that the legislation applicable to postal services defines the liability of providers according to the type of postal service contracted, not according to the real, financial, artistic or sentimental value of the sent items.
Thus, in cases of loss, damage or destruction of a postal item containing valuable goods, the minimum compensation granted is the amount regulated by law, which in most situations does not reflect the actual value of the shipped goods.
Given these limitations, ANCOM recommends that users consider the specific characteristics of the goods they intend to send and to carefully analyze the available options.
Depending on the situation, users can consider:
- contracting a postal service for insured items, or
- shipping goods through companies specialising, for example, in the transport of works of art, of fragile or valuable goods.
Beware of goods prohibited for transport
Postal service providers shall indicate the list of items prohibited for transport in their general terms and conditions, including valuable goods. As a rule, postal items must not contain goods subject to special legal, administrative or economic transport conditions, such as artworks, antiques, precious metals (gold, silver), precious stones etc.
What, how and where to complain
In cases of total or partial loss, damage, destruction or theft of a postal item, natural and legal persons must first address the postal service provider by submitting a prior complaint. The prior complaint may be filed by the sender or recipient within 6 months from the date the postal item was submitted, and the provider must respond within 3 months from the date of filing.
If the provider does not reply within the maximum legal deadline of 3 months, the user may submit a complaint to ANCOM, accompanied by proof that the prior complaint procedure has been completed.
ANCOM specifies that the current legislation does not grant the institution competence to establish contraventions or to impose sanctions for the loss, damage, destruction or theft of postal items.
Similarly, ANCOM does not have the legal competence to assess the circumstances the incident, determine the extent of the damage, or compel postal service providers to pay compensation. If the provider rejects the complaint, only the courts can assess the provider’s liability and may order payment of compensation to the sender or recipient.
Regarding user compensation, if the postal provider refuses to assume responsibility and grant payment, users must take the matter to court within 1 year from the date the postal item was submitted. The action may be filed regardless of whether a complaint on the same matter has been submitted to ANCOM.
Postal services sector
In 2024, domestic parcel traffic reached 335 million, surpassing the traffic of items of correspondence (267 million items) for the first time. Investments in the provision of postal services also increased, exceeding 500 million lei. Supporting parcel traffic was one of the main investment drivers, reflected in the expansion of automated delivery systems installed. In 2024, the number of such automated systems surpassed 8,200, an increase of 42% compared with the previous year, consolidating their growing popularity among users in the postal services market.