GENERAL CONDITIONS APPLICABLE
TO POSTAL SERVICES
Table of contents
General provisions
1. Definitions
2. Company contact details
3. Scope and applicability of the General Conditions
4. Price list
5. Detailed information on the universal postal service
6. Privacy and protection of personal data
Operating of Postal services
7. Access to the Postal services
8. Acceptance of Mail items
9. Franking
10. Objects refused carriage
11. Ownership of a Mail item
12. Delivery of Mail items to the Recipient
a) General aspects regarding delivery
b) Delivery of Special service Mail items and Parcels
c) Attempted delivery of Mail items
13. Refusal to accept Mail items by the Recipient
14. Undeliverable Mail items
Responsibilities of the parties
15. Complaint handling
16. Corporate Responsibility and Compensation
17. The Sender’s responsibilities
Miscellaneous provisions
18. Amendment of the General Conditions
19. Place of performance and dispute settlement
20. Supervisory Authority
General provisions
1. Definitions
Under the General Conditions, the term:
− “24/24 Pack Up Point» refers to a secure storage system that
allows users to receive certain Mail items 24 hours a day;
− «Access points» refers to the physical facilities of the Company,
in particular letter boxes provided for the public either on public
streets or at the premises of the Company, where mail items
may be deposited into the postal network by the Sender;
− «Address» refers to the specific information regarding the
destination to which a Mail item is to be delivered in order to be
received by its intended Recipient;
− «COD» (collection on delivery) refers to a Special service
whereby a Mail item is delivered to the Recipient against
payment of an amount determined in advance by the Sender;
− «Company» refers to the Entreprise des Postes et
Télécommunications, an independent public body set up
by the law of 10 August 1992, with its registered offices at
L-2163 Luxembourg, avenue Monterey, 8a, registered with the
Luxembourg Trade and Companies Register under number J28,
represented by its Executive Committee currently in office;
− «Correspondence item» refers to a written communication in
any physical format to be routed and delivered to the Address
indicated by the Sender on the item itself or on its envelope.
Books, catalogues, newspapers and periodicals are not regarded
as Correspondence items;
− «Declared value» refers to a Special service that insures a Mail
item up to the value declared by the Sender in case of loss,
theft or damage. When a Mail item with Declared value is sent,
it is provided with a specific tracking number allowing it to be
traced, if necessary. The Declared value service is not available
for parcels;
− «General Conditions» refers to the present general conditions
applicable to Postal services which are available at post offices
and regarding which information is available on the website
of the Company www.post.lu, or upon request at the address
indicated in Article 2;
− «General delivery item» (poste restante) refers to a Mail item
addressed to a post office that only the Recipient can collect
against payment of a collection fee;
− «Hand delivery» refers to a Special service that involves the
delivery of a Registered mail item or a Declared Value item
5 - SAP 2600001178
against the signature of one specific Recipient, to the exclusion
of any other person. The Hand delivery service is not available
for Parcels;
− «Institute» refers to the Institut Luxembourgeois de Régulation
(Luxembourg Regulatory Institute), abbreviated as ILR, located
Entreprise des Postes et Télécommunications
Siège : 8a, avenue Monterey L-2020 Luxembourg / RCS Luxembourg : J28 / TVA : LU 15400030
Bureaux : 38, place de la Gare L-2998 Luxembourg / Tel 8002 8004 ou +352 2462 8004 / Fax +352 48 12 14 / contact.courrier@post.lu
at 17, rue du fossé, L-1536 Luxembourg, postal address L-2922
Luxembourg;
− «Law» refers to the Act of 26 December 2012 on postal services;
− «Mail item» refers to an addressed item in the final form in
which it is to be carried by a postal service provider. In
addition to Correspondence items, such items also include
books, catalogues, newspapers, periodicals and Postal parcels
containing merchandise with or without commercial value, for
instance;
− «Mailing address» refers to the area on the front of the Mail item
where the name and address of the Recipient appears;
− «Pack Up Point» refers to a reception point in the Pack Up
network, such as a post office a or business contracting with
the Company, to which the Recipient can address a Mail item.
The use of this service subject to special conditions is governed
by a specific contract concluded between the Company and the
Recipient;
− «PO box» refers to the box made available to Recipients in
certain post offices to enable them to receive their Mail items.
The use of a PO box service subject to special conditions is
governed by a specific contract concluded between the
Company and the Recipient;
− «Parcel» refers to an addressed Mail item, the content of which
is guaranteed against the risk of loss, theft or damage and which
can be assigned a tracking number during shipping to enable it
to be tracked, if applicable, in accordance with the provisions of
the Congress Acts of the Universal Postal Union, as applicable
in Luxembourg. Information on the weight and size limits is
available at Post offices and on the website www.post.lu;
− «Post office» refers to any point of sale operated by the
Company itself or by a third party on behalf of the Company;
− «Postal services» refers to services consisting of the collection,
sorting, routing and delivery of the Mail items;
− «Postal services provider» refers to a company that provides one
or more Postal services, whether in Luxembourg or abroad, and
is recognised as such by the national regulatory authority of the
respective country;
− «Price list» refers to the price list for the Postal services as
described in the chapter «General provisions» of the General
Conditions;
− «Recipient» refers to a natural or legal person whose name
appears in the Mailing address his the Mail item and who is
intended to receive the item in his suitable mailbox, or on the
basis of a specific contract concluded between the Company and
the Recipient governing the delivery of his Mail items;
− «Registered mail» refers to a Special service that guarantees
Mail items against the risk of loss, theft or damage and provides
the Sender proof of deposit of the Mail item and, if requested,
proof of delivery to the Recipient. When a Registered mail item
is sent, it is assigned a unique tracking number enabling it to be
traced, if applicable. The Registered mail service is not available
for Parcels;
− «Sender» refers to a natural or legal person who is the originator
of Mail items;
− «Special services» refers to any additional payable services that
the Company may offer such as Registered mail, Declared value,
Hand delivery and COD. Information on these Special services is
available at Post offices and on the website www.post.lu;
− «User» refers to any natural or legal person using a Postal
service either as a Sender or Recipient.
2. Company contact details
Entreprise des Postes et Télécommunications
POST Courrier
38, place de la Gare, Luxembourg
L-2998 Luxembourg
Luxembourg Trade and Companies Register No: J28
e-mail: contact.courrier@post.lu
website: www.post.lu
Telephone: +352 8002 8004 (free of charge)
Fax: +352 48 83 94
3. Scope and applicability of the General Conditions
3.1. The General Conditions, applicable from the date on which the
Company takes charge of the Mail item, are binding and apply
automatically to all Users.
3.2. These provisions, implemented in accordance with the Law,
international legislation and the rules of the Universal Postal Union,
apply to all Postal services provided by the Company. Special
services can be provided in accordance with the Law by entering
into a relationship based on specific contracts subject to special or
specific conditions concluded between the Company and Users to
supplement or amend the General Conditions.
4. Price list
4.1. Pursuant to Article 24(1)(b) of the Law, the Company shall publish
a Price list, available in its Post offices and on its website
www.post.lu.
4.2. The prices of specific Postal and Special services, if applicable, are
indicated in the Price list in force at the time that the User resorts
to the Company’s services.
4.3. The Price list also provides information on the limits of liability of
the Company in the sole cases where this liability comes into play.
5. Detailed information on the universal postal service
5.1. The Company shall, pursuant to the Law, publish detailed
information on the universal postal service.
5.2. The Institute shall decide on the most suitable mode of publication,
based on the needs of the Users.
5.3. Detailed information on the universal postal service is available at
Post offices and on the website www.post.lu.
6. Privacy and protection of personal data
6.1. The Company undertakes to respect and to ensure that its
employees and subcontractors respect the confidentiality of
correspondence as set out in Article 28 of the Constitution.
6.2. Personal data provided by the User to the Company are handled
by the Company in compliance with legal and regulatory provisions
in force, in particular the Law of 2 August 2002 on the protection
of individuals with regard to the processing of personal data. The
collection and use of these data is essential to ensuring that the
Postal services and Special services are provided in accordance
with the terms of the General Conditions. They are handled in a
fair, lawful and confidential manner.
6.3. The Company has information system resources for managing the
processing and delivery of the Mail items. The data of the User and
any other personal data that may be generated when using the
Special services are handled by the Company for the purposes of
efficient management of the Postal and Special services subject to
the General Conditions.
6.4. As part of the efficient delivery of services and for the purposes set
forth above, as well as in connection with any legal obligations or
litigation proceedings, the Company may be required to disclose
the personal data of its Users to authorities when required by law,
as well as any third parties who participate in the implementation
of all or part of the Postal and Special services, either as a
subcontractor of the Company or a Postal service provider.
6.5. The Company reserves the right to use the personal data of the User
for market research purposes. In this case, however, the User is free
to express his opposition to this in the manner specified in 6.6.
6.6. The User retains the right to access and rectify any personal data
concerning him at any time. The request is to be made in writing
and sent, together with a copy of the identity card, to the Company
at the address indicated in Article 2.
Operating of Postal services
7. Access to the Postal services
7.1. Any natural or legal person may use the Postal services.
7.2. The installation of a suitable letter box on the side of a public road
or the act of depositing Mail items at an access point or into the
hands of an agent of the Company, as well as depositing by any
other means allowed by the Company, is regarded as access and
implies acceptance of the General Conditions.
8. Acceptance of Mail items
8.1. The Company shall establish and publish the standards for
handling Mail items. This information is available at Post offices
and on the website www.post.lu.
8.2. In accordance with a plan approved by the Institute, the Company
shall determine the geographical distribution of Access points and
the collection time schedule.
8.3. The Company may, on an exceptional basis, restrict the sending of
certain Mail items in its Post offices or may limit the acceptance of
Mail items of any kind posted in bulk, due to the handling, storage
and transport capacity limits.
8.4. The Sender shall indicate his name and complete address on each
Mail item. This indication is mandatory for certain categories of
Mail items, including Special service Mail items and Parcels.
9. Franking
9.1. Any Mail item, with the exception of those subject to a special
contract concluded between the Company and the User, must be
www.post.lu
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 franked in accordance with any one of the 3 processes been validly delivered to the Recipient, once deposited in one of
admitted by the Company and listed below:
− franking via postage stamps issued by the Company 12.13. The Recipient can have Mail items sent directly to the Pack Up
under a concession contract concluded with the State as
provided by the Law;
− franking via franking machines approved by the delivered to the Recipient or, in the absence of the latter:
Company on the basis of a special contract subject to − to any adult person taking receipt of the Mail item at the account the characteristics of the Mail item and the franking
special conditions;
− franking by the Company of Mail items with the words
«Postage Paid” following payment in cash.
9.2. The Company shall determine the payment methods accepted,
except in cases provided for in national law.
9.3. The Company is authorized to collect any unpaid postage plus
a surcharge for special handling costs from the Recipient or to
return the Mail items to the Sender for settlement. In case of
missing or insufficient postage, the Company reserves the right
to refuse or suspend the processing of the unpaid or underpaid
Mail item. Non-payment of the postage shortfall and/or a
surcharge relating thereto equates to the refusal to accept the
Mail item by the Recipient. The Mail item is then dealt according
to the provisions of Article 14.
9.4. The Company reserves the right to prosecute any perpetrators
of fraudulent franking.
10. Objects refused carriage
10.1. The sending of certain objects by the Company is prohibited.
These include:
− hazardous materials: chemical products, explosives, The handwritten signature of the Recipient and digitised into
inflammable items, radioactive items, etc.;
− drugs and narcotics;
− arms, knives, daggers and any other insufficiently
packaged sharp or cutting object;
− live animals;
− Mail items bearing marks which are clearly offensive to c) Attempted delivery of Mail items
public decency or which may cause a public disturbance;
− objects, correspondence or substances whose be posted through the letter box or PO box of the Recipient,
importation, circulation, dissemination, use or or which cannot be delivered to the rightful beneficiary by
possession is prohibited by law in Luxembourg and the postal staff are kept at the Post office designated by the
the countries of transit and/or destination;
− counterfeit and pirated goods;
− Mail items which, by their form or nature, could pose the Mail item and the deadline for collecting it are listed on the
a danger to persons, property, other Mail items or above;
equipment;
− bearer securities, banknotes, coins, jewellery and other Point of its choice. In this case, the necessary instructions are
precious materials unless sent under specific categories provided to the Recipient on an attempted delivery notification,
of Mail items with Declared value.
The Sender can request further information on prohibited him to collect his Mail item from the 24/24 Pack Up Point
items from the Company.
10.2. Perishable goods are transported at the risk of the Sender.
10.3. The Company shall determine the appropriate process to be
applied to wrongly accepted prohibited items or prohibited
items found to be present among the Mail items it handles.
10.4. Should specific security concerns render it necessary, the
Company may refuse Mail items that do not bear the exact
name and address of the Sender, who may also be asked to
prove his identity.
10.5. The Company cannot be held liable for the transportation of
prohibited and/or hazardous products except in the case of
gross negligence or wilful misconduct. Similarly, the Company
cannot be held liable for its refusal to process the Mail item upon
implementation of this article.
10.6. The Company shall not transport Mail items sent for return to
Sender or for redirection to another address which have been
sent to the initial Recipient via other Postal service providers.
11. Ownership of a Mail item
All Mail items remain the property of the Sender until they have
been delivered to the Recipient, except where said item has
been seized in application of a relevant law.
12. Delivery of Mail items to the Recipient
a) General aspects regarding delivery
12.1. The Company assures the delivery of Mail items once a day at
least five days a week, excluding holidays and circumstances
deemed exceptional by the Institute, in accordance with the
delivery times stipulated in the regulations in force on the day
on which the Company takes charge of the Mail item.
12.2. The Institute establishes regulations regarding the quality
standards and the control conditions of the service.
12.3. Delivery to the address is subject to the recipient having a
suitable letter box installed on the side of a public road.
12.4. The Recipient is required by the Law to ensure easy, free, direct
and safe access to his letter box. The absence of a suitable
letter box or the obstruction of the delivery of the Mail item
by the Recipient shall be deemed equivalent to the refusal of
acceptance of said Mail item.
12.5. Pursuant to Article 13(3) of the Law, the refusal to provide an
appropriate letter box by the Recipient is equivalent to a refusal
of the universal postal service.
12.6. All Mail items addressed to Recipients residing in a building
housing several independent entities for residential and/or
professional or trade activities shall be validly delivered on the
ground floor at the entrance of the building.
12.7. Pursuant to the Law, the Company may provide other methods
for collecting and delivering some or all Mail items by means of
a special contract or agreement with Recipients.
12.8. The Company may provide PO boxes in some Post offices on a
contractual basis with Recipients.
12.9. All Mail items addressed to a Recipient holding a PO box are
delivered to this, with the exception of Parcels, which are only
delivered to the Mailing address of the Recipient.
12.10. General delivery (poste restante) items shall only be delivered
over the counter to the Recipient in person.
12.11. If the Mailing address includes several names of natural and/or
legal persons, the delivery of this Mail item to one of these is
considered duly delivered.
12.12. All Mail items, attempted delivery notifications or related
delivery receipt posted through a letter box or PO box, as well
as any Mail items deposited in 24/24 Pack Up Points or in any
other form specified in Article 12.7 are considered as having
the above-mentioned forms.
Point that he uses to pick these up.
b) Delivery of Special service Mail items and Parcels
12.14. Registered Mail items, COD Mail items or Parcels can be
Address who, by affixing his signature, acts on behalf of rates in line with the provisions set out in the Price list, which
the Recipient;
− to any adult person presenting an attempted delivery 16.3. In the case of direct damages arising from the loss, damage
notification or delivery receipt at the Post office in which or theft of a Mail item, the Company is only liable under the
the Mail item is stored;
− any person with an attempted delivery notification the provisions set out in the Price list, which determines the
including the bar code required to retrieve the Mail item compensation limits.
from the respective 24/24 Pack Up Point.
12.15. Notwithstanding the method outlined in Article 12.22, the
Company reserves the right, at its sole discretion, to make one
or more additional delivery attempts to the Recipient.
12.16. Mail items with Declared value shall only be delivered to the
recipient or any person expressly authorized by the Recipient to
take delivery of his Mail items.
12.17. Hand delivery Mail items shall only be delivered to the Recipient.
12.18. However, Mail items addressed to a minor which need to be
signed for require the countersignature of a legal guardian or
representative.
12.19. If the delivery requires one or more signatures, the person(s)
concerned must provide proof of their identity, unless they are
known by the agent personally.
12.20. The Company reserves the right to use a digital device and
software to collect electronic proof of delivery of Mail items.
electronic format, as well as its reproduction, constitute proof of
delivery of the Mail item and the parties recognise this signature
as having the same legal value as a handwritten signature on
paper.
12.21. The Company reserves the right to determine the acceptable
forms of proof of identity for receiving Mail items.
12.22. Any Mail items, with or without Special services, which cannot
Company and are made available for collection by the Recipient
for a period stipulated by the Company. The Post office storing
attempted delivery notification.
12.23. The Company also reserves the right to deposit, at its sole
discretion, the Mail items mentioned above in a 24/24 Pack Up
complete with bar code posted, through his letter box inviting
selected by the Company.
12.24. Once the deadline for collecting undelivered Mail items has
passed, they are returned to the Sender if known or identifiable.
Otherwise, the Mail items are processed according to the
provisions of Article 14 below.
13. Refusal to accept Mail items by the Recipient
13.1. By providing a suitable letter box marked with their names,
Recipients accept all Mail items sent to them, except in the case
of clear refusal at the time of delivery.
13.2. Only the Recipient and, except in the case of Hand delivery Mail
items, any person expressly authorised by the Recipient to take
delivery of his Mail items is entitled to refuse acceptance of a
Mail item.
13.3. All refused Mail items are returned to the Sender, as far as
possible. Failing this, the Mail item is dealt with according to the
provisions of Article 14 below.
13.4. The Recipient may deny access to his suitable letter box to any
Mail item lacking a Mailing address and without connection
to his person, simply by affixing a sticker on the letter box
indicating this. Affixing a sticker such as this does not preclude
delivery of newsletters published by the State, the local
authorities or voluntary, political and religious organizations or
any organizations of public interest. The stickers must be of the
type approved by the Institute.
14. Undeliverable Mail items
Undeliverable Mail items that cannot be returned to Sender
via the domestic service or the original Postal service provider
shall be sent at least once a month to the Institute, which shall
decide on any further action to be taken.
Responsibilities of the parties
15. Complaint handling
15.1. Any User wishing to lodge a complaint in the event of loss,
theft or damage of a Mail item, or in case of non-compliance
with the service quality standards, must do so no later than five
days after discovering the irregularity and within six months of
deposit of the contested Mail item with the Company, or the
right to claim will be forever barred, pursuant to the provisions
of the Acts of Congress of the Universal Postal Union, as
applicable in Luxembourg.
15.2. If a dispatch receipt was issued upon posting the Mail item, any
claim must be accompanied by this receipt or any other proof of
deposit, failing which the Company cannot be held liable.
15.3. In cases of loss, theft or damage of a Mail item or Parcel, and in
case of non-compliance with the service quality standards, any
User who is dissatisfied with the action taken by the Company
in relation of any claim may have recourse to the Institute. The
latter shall act ex parte and shall strive to reach an agreement
between the parties within one month of receipt of the claim
from the User.
15.4. Any dispute arising in relation to the aforementioned
irregularities may result in the postage paid being refunded and/
or payment of compensation without precluding recourse to
legal action provided for in civil law. The Company shall publish
information annually, or in its annual report, where applicable,
regarding the manner in which it has handled complaints.
15.5. Complaints must be submitted to:
POST Courrier
Service Recherches/Réclamations
L-2998 Luxembourg
e-mail: epgcs.courrier@post.lu or recommandes.courrier@post.lu
Telephone: +352 8002 8004 (free of charge)
16. Corporate Responsibility and Compensation
16.1. The Company shall, except in cases of force majeure, proceed
with the transportation and delivery of Mail items according to
quality standards set out in the regulations of the Institute, and
in accordance with the Law and the provisions of the Universal
Postal Union.
16.2. In the case of direct damages arising from delay in the delivery
of a Mail item, the Company is only liable under the conditions
stipulated by the Civil Code, if the delivery time of Mail item
is explicitly guaranteed. However, this liability shall take into
determines the compensation limits.
terms of the Civil Code. However, this liability is limited to
16.4. In the case of direct damages arising from the loss, damage
or theft of a Registered Mail item or Parcel, the Company is
only liable under the terms of the Civil Code. However, this
liability shall take into account the characteristics of the item
and the provisions set out in the Price list, which determines the
compensation limits.
16.5. In the case of direct damages arising from the loss, damage
or theft of a Mail item with Declared value, the liability of the
Company is limited to the value declared by the Sender for the
Mail item subject to the claim. If the Company provides proof
that the amount of the Declared value was exaggerated, any
compensation is limited to the actual value of the content. If the
amount of the Declared value was exaggerated with fraudulent
intent, the User has no right to compensation.
16.6. In the case of direct damages arising from the loss, damage
or theft of a COD Mail item, the Company shall cover the non-
payment of all or part of the amounts due provided that said
non-payment is not due to fault or negligence on the part of the
Sender. However, this liability is limited to the provisions set out
in the Price list, which determines the compensation limits.
16.7. The Company shall not be liable if the loss, theft or damage of
a Mail item was caused by:
- non-compliance with the regulations and/or General
Conditions;
- force majeure, unforeseeable circumstances or
circumstances outside of the Company’s control;
- fault or negligence on the part of the Sender;
- a characteristic or default inherent to the Mail item sent;
- the fact that the transportation of the Mail item contents
is prohibited and falls under the scope of Article 10
- the fact that, at the time of delivery of a Mail item,
the Recipient did not state that the seal and external
packaging showed signs of damage.
16.8. The supporting evidence held by the Company shall be deemed
valid in relation to any dispute between the parties until proven
otherwise.
16.9. Any disputes in connection with the loss, theft or damage of
a Mail item may give rise to the postage paid being refunded
and/or payment of compensation without precluding recourse
to legal action provided for in civil law, with the exclusion of
the Registered mail fee in accordance with the Universal Postal
Union.
16.10. The Company can only be held liable for any direct and
foreseeable losses due to inadequate packaging when
depositing a Mail item, addressed or not. In relation to the loss
suffered by the User or any gains of which they were deprived,
the damages and interests shall include only the immediate
and direct consequences of the loss, theft or damage. As such,
any incidental or consequential damages such as lost profits,
unrealised benefits, loss of contracts, loss of opportunities and
damage to reputation will not be taken into consideration under
any circumstances.
16.11. By paying compensation, the Company stands subrogated to
the rights of the beneficiary to claim any further liability up to
and including the amount of compensation paid.
17. The Sender’s responsibilities
17.1. The Sender is required to frank his Mail items correctly, in
accordance with the rates in effect when posting his Mail items.
17.2. The Sender shall be responsible for any damages caused to
other Mail items due to the sending of objects not authorized for
transport or the non-compliance with the admission conditions.
17.3. Acceptance of such a Mail item by the Company does not
release the Sender from his responsibilities.
17.4. The Sender shall be solely responsible for the accuracy of, and
any consequences arising from information which must be
provided, either at the time of or subsequent to the deposit of a
Mail item.
17.5. The Sender must ensure that his Mail items are packaged so
as to sufficiently protect its contents against damage or theft,
taking into account the handling and transport conditions and
the nature of the contents.
Miscellaneous provisions
18. Amendment of the General Conditions
18.1. The Company reserves the right to make amendments to
these General Conditions in accordance with the Law of 10
August 1992, as amended, implementing the foundation of the
Entreprise des Postes et Télécommunications.
18.2. The Company publishes the amended General Conditions
and inserts therein references to the Recueil administratif et
économique (Administrative and Economic Compendium) of the
Mémorial (Luxembourg Official Gazette) at least six days prior
to implementation.
19. Place of performance and dispute settlement
19.1. Unless otherwise stipulated, the registered office of the
Company shall be the place of performance of the Company’s
obligations to the User and of the User’s obligations to the
Company.
19.2. The courts of the Grand Duchy of Luxembourg shall have
exclusive jurisdiction in any dispute between the User and the
Company. The latter has the right, however, to bring the dispute
before any other jurisdiction which, if the foregoing jurisdiction
has not been chosen, would normally be the competent
authority for the User.
20. Supervisory Authority
The Postal services provided by the Company fall under the
supervisory authority of the Institute.
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