Q & A
1. What does Ombudsman PostFinance conciliation office do?If, as a customer, you have a problem with PostFinance that you are unable to resolve, we will seek a fair compromise.
The complaints we handle include complaints about the quality of customer service, problems with charges, incorrect transfers, inaccurate information, etc.
2. What does the conciliation office NOT do?
The conciliation office is not responsible for:
- issues relating to general business and pricing policy
- abstract legal and economic issues
- cases that are already the subject of an official or judicial procedure
- issues that have been the subject of previous mediation proceedings between the parties.
Ombudsman PostFinance is the independent conciliation office of PostFinance.
For customers of PostFinance, the conciliation office operates as a neutral and independent body which offers a compromise solution in the case of civil-law disputes between the customer and PostFinance.
Ombudsman PostFinance is organized along the lines of a foundation and was founded by PostFinance.
The foundation guarantees the absolute independence and neutrality of the conciliation office. The conciliation office is presided over by an ombudsperson, who is not subject to any instructions from the Board of Trustees and has no vested interests.
4. Who can call upon the conciliation office?
All PostFinance customers
5. How do I call upon the services of the conciliation office?
Please complete the online form under "form". You can also download the form under "form" or request it from us:
- by post: Ombudsman PostFinance, P.O. Box 586, 3000 Berne 7
- by phone: 0848 66 28 37
- by fax: 0848 66 23 29
Forms with incomplete information will be returned by the conciliation office, with the request to supply the missing information within a specified period. If you do not submit a complete mediation request within this period, no mediation proceedings can be initiated.
6. In what languages can I contact the conciliation office?
In German, French, Italian or English.
7. Which additional requirements must be satisfied in order for the conciliation office to commence mediation proceedings?
As the customer, you must plausibly demonstrate, in writing, that you have previously attempted to find a negotiated solution with PostFinance.
8. Can I be represented?
Yes, you can be represented, provided your representative has written power of attorney from you. It might, for example, be wise to have a representative if, due to advanced age or illness, you feel unable to participate in the proceedings before the conciliation office.
Minors must be represented by their legal representative.
9. How much will the mediation proceedings cost me?
The proceedings are conducted free of charge for customers of PostFinance.
10. What is the sequence of the proceedings?
Upon receipt of your properly completed form, the conciliation office will review the mediation request and send it to PostFinance for comment. Upon receipt of these comments, the conciliation office may request further information from you or from PostFinance, or propose a conciliation to you and PostFinance.
If you and PostFinance agree with the proposal and both sign the compromise solution, the mediation has been successfully completed.
If the case cannot be resolved in writing, the ombudsperson may invite the parties to attend a verbal hearing, if he or she deems this appropriate in the circumstances. Neither you, as the customer, nor PostFinance are entitled to a verbal hearing.
11. How are the proceedings concluded?
The conciliation office will conclude the proceedings if the parties agree on the solution proposed by the ombudsperson and sign the mediation proposal. The proceedings will also be concluded if either or both parties disagree with the mediation proposal, the mediation request is withdrawn, either or both parties fail to submit the required documents on time, or one of the preconditions has not been met.
12. How long do mediation proceedings last?
The conciliation office endeavours to conclude all cases within three months.
13. What does an amicable compromise entail?
The amicable compromise negotiated by the conciliation office will record, in writing, the conclusion of the dispute between you and PostFinance and the terms agreed upon to resolve the dispute. The conciliation agreement might, for instance, involve payment of a particular sum of money, the provision of vouchers, waiving a fee, or a similar solution.
14. What is the effect of the amicable compromise accepted before the conciliation office?
If both parties have agreed, in writing, to an amicable compromise, its effect will be equivalent to a contract. However, the findings of the conciliation office have no influence on the legal position of the parties involved.
15. Can I subsequently take the matter to court?
In principle, either you or PostFinance may have the usual recourse to the courts once the mediation proceedings have terminated. However, the court will recognize the amicable compromise reached between you and PostFinance as a contract under private law. This compromise may only be challenged before the court subject to restrictive conditions.
16. What will happen if I fail to meet a deadline set by the conciliation office?
As a rule, the conciliation office will send you one reminder. If you then fail to respond within the period stipulated, the mediation will be declared a failure and the proceedings will be ended. If, however, a party has been unable to meet the deadline because of a serious impediment for which the party in question was not responsible, we will continue to seek a solution. PostFinance cannot terminate the proceedings by failing to observe deadlines.
17. Can you be neutral and independent if you are paid by PostFinance?
Ombudsman PostFinance is a foundation whose Board of Trustees is primarily responsible for guaranteeing our independence. Furthermore, a conciliation office can only operate successfully in the long term if its independence is credible. Consequently, the ombudsperson and all the employees of the conciliation office are consciously neutral in their mediation activity.
18. What about data protection?
The conciliation office undertakes to abide by the legal provisions on data protection. By initiating mediation proceedings, you, as the customer, grant the conciliation office the right to view all files and documents regarding your particular case.
