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About UsPostal Act

Last updated:2020/05/14 Print
Chapter Four: Compensation for Lost or Damaged Mail
Article 29 In the event that any of the following should happen to a mail item, the sender may lodge a claim with Chunghwa Post for compensation:
1. Loss of part or whole, theft or damage of a parcel, express mail, value-declared mail, or insured mail.
2. Total loss or theft of other types of registered mails other than the ones provided in the preceding subparagraph.
3. Delays of delivering mails with time limit and express mails, if caused due to the fault of Chunghwa Post after investigation.
4. Registered mails are not delivered in accordance with the regulations for handling registered mails announced by Chunghwa Post.
The right of indemnity mentioned in the preceding paragraph may be exercised by the addressee in any of the following situations:
1. Evidence produced by the addressee that the right of indemnity has been delegated by sender to the addressee.
2. The addressee has stated to reserve the right of indemnity at the time the partially damaged or pilfered mail item is received.
The sender or addressee should not seek compensation to Chunghwa Post based on laws other than the stipulation provided in the preceding two paragraphs.
Article 30 (Deleted)
Article 31   In the event that any of the following happens to the mail items listed under paragraph 1 of Article 29 hereof, there shall be no claim entertained:
1. Damage or loss due to the nature of or defects in the mail item.
2. Damage or loss caused by natural calamities or force majeure. For value-insured mail, these circumstances are limited to losses caused by war.
3. Loss or damage is incurred in the territory of a foreign country where postal services are not liable for compensation under the laws of that nation.
4. Where the item of mail is contraband or under law may not be delivered through the post.
5. Where the damage or loss is a result of improper packaging, and the sender took no action to rectify the problem despite having been notified.
6. When the addressee has received the mail item without any objection.
Article 32   When a mail item is delivered to the addressee or returned to the sender, it shall not be deemed damaged should there neither be loss of weight nor visible surface damage. Nor shall it be considered damaged when the weight reduction is due to the nature of the contents of the mail item.
  When a mail item is delivered to the addressee or returned to the sender, should it have lost part or all of its value due to the lapse of time or market fluctuations, it shall not be deemed to have suffered any losses.
Article 33   Once compensation is effected because of the loss of a mail item, if all or part of the mail item is subsequently found, Chunghwa Post may notify the recipient of the indemnity to return all or part of the compensation and claim the originally posted mail item within three months after receipt of notice.
Article 34   If not exercised, the sender’s or addressee’s right of indemnity shall be extinguished six months from the date the mail item is posted.
  Where the sender or the addressee has inquired with regard to said mail item with Chunghwa Post during the period as mentioned in the preceding paragraph, it shall be deemed that the right of indemnity has been exercised.
Article 35   Once the amount of compensation is settled, notice must be given to the recipient of the claim. If not exercised, the recipient’s right of indemnity shall be extinguished five years from the date the notice is served.