Conciliation rules of the Ombudsman PostFinance Foundation
Based on the foundation document dated 5 December 2008, the Board of Trustees has issued the following conciliation rules.
Art. 1: Task of the Foundation
The purpose of the Foundation is to offer PostFinance customers the possiblity of consulting an ombudsman in the event of a dispute with PostFinance. The ombudsman mediates in dealings between PostFinance and its customers, is independent and neutral and has no decision-making authority.
The Foundation does not pursue any commercial purpose. It operates exclusively in Switzerland on behalf of Swiss and international customers.
Art. 2: General provisions
2.1. The ombudsman deals with issues and complaints from PostFinance customers relating to transactions executed with or via PostFinance. Any natural person or legal entity (hereinafter "the Customer" ) directly affected may consult the ombudsman.
2.2. The ombudsman is not responsible for
- issues relating to general business and pricing policy
- abstract legal and economic issues
- cases which are already the subject of an official or judicial court procedure
- issues which have been the subject of mediation proceedings between the parties.
2.3. The ombudsman is assisted by a Conciliation Office to whom he/she can issue directives.
2.4. The ombudsman and the Conciliation Office do everything they can to form an independent opinion. In particular, this means that PostFinance obtains files and opinions from consultation procedures. PostFinance undertakes to make the necessary documents and information available.
2.5. The ombudsman and the Conciliation Office are obliged to observe confidentiality and do not perform any advisory function for any particular party, either for or without remuneration.
Art. 3: Procedure
3.1. The customer can contact the Conciliation Office either verbally, by letter or by e-mail in German, French, Italian or English. Likewise, he/she may submit enquiries or request a conciliation.
3.2. Simple enquiries will be handled verbally by the Conciliation Office. It will inform the customer and advise him/her of the next steps.
3.3. If a request is submitted to initiate a conciliation procedure, the Customer must submit the request either electronically, by fax or by post, using the form provided. The Customer must prove to the Conciliation Office that he/she has already endeavoured to reach agreement with PostFinance. The ombudsman's opinion is usually provided in writing.
3.4. The ombudsman is authorized to obtain all the necessary information from PostFinance for the requested conciliation and to inspect files. For this purpose it asks the Customer in advance to sign a declaration releasing PostFinance from its postal secrecy obligation in respect of the Conciliation Office.
3.5. The ombudsman listens to both parties, acts as a mediator and submits a proposed solution to the parties. The parties are not bound by this proposal. They are free to either accept or reject the proposed solution.
3.6. The procedure is free of charge. As a rule, it should not take longer than three months.
3.7. The conciliation procedure is terminated by
- mutual acceptance of the conciliation proposal
- acknowledgement that the conciliation has not succeeded
- withdrawal of the conciliation request
- failure to observe deadlines
- cessation of a requirement for conciliation
3.8. The ombudsman will inform the parties of the termination of the procedure. It will state the reason for the termination and will enclose its proposal, if applicable. Once the procedure is concluded, no further conciliation procedure will be conducted on the same matter, regardless of the reason for the termination.
Art. 4: Information
4.1. On its website, the Conciliation Office publishes its organization chart, Articles of Association, conciliation rules, "questions and answers" and a practical guide to the conciliation procedure.
4.2. The ombudsman will inform the public at least once a year about its activities (annual report, press conference). It will not disclose information in public on individual cases. It will not disclose any names and ensures that in its communication no conclusions can be drawn about individuals or companies.
4.3. Moreover, it will inform PostFinance at least once a year in general form, i.e. without stating a name or specific cases, about the cases and its practice. It can also submit proposals in order to further improve its customer service.
Berne, 23 December 2008
