China Consumers Association is clear! These terms are "null and void" in the field of express delivery

　　China News Service, November 4th (Xie Yiguan, a reporter from China News and Finance) The phenomenon of unfair standard terms is not uncommon in consumer life, involving a wide range of fields, concealing infringement methods, and having a great impact on consumers.

Recently, according to the "Investigation Report on Consumer Cognition and Lead Collection of "Unfair Standard Terms", the China Consumers Association invited lawyers from the China Consumers Association to comment on the unfair standard terms in the express delivery field that consumers have strongly reflected on.

　　1. If the

　　Case 1: If you do not choose to insure the price, when you send non-fresh consignments, if there is loss, damage or shortage in the transportation process, the company will compensate you for the actual loss of the consignment within the limit of 7 times the shipping cost. Except as agreed.

If you think that the compensation standard is not enough to cover your loss, you should insure the price according to the actual value of the consignment.

If you do not insure the value, it is deemed that the value of the consignment does not exceed 1,000 yuan.

　　Case 2: The uninsured ordinary express is damaged or damaged, and the documents and items are damaged but the main functions are not affected. If you can provide a valid proof of the value of the goods, the franchisee will compensate 20% of the valid value of the goods, and the maximum compensation for documents is 100 yuan. Items The maximum compensation for the category is 300 yuan; if you cannot provide a valid proof of the value of the goods, the franchisee will pay up to 10 times the shipping cost, the maximum compensation for the document category is 100 yuan, and the maximum compensation for the item category is 300 yuan.

　　Case 3: If the express item is damaged or lost (including all or part of damage or loss), the uninsured express item shall be compensated according to the actual value of the loss, but the maximum value shall not exceed RMB 500 (inclusive); unless otherwise agreed in this agreement, the uninsured value shall be paid And if a valid proof of value cannot be provided, compensation shall be made according to 3 times the express service fee of the express shipment.

Comments:

The "Postal Law" stipulates that if the uninsured mail is lost, damaged or the contents are short, the postal enterprise shall compensate according to the actual loss, but the maximum amount of compensation shall not exceed three times the fee charged; registered mail is lost or damaged. , the postal enterprise shall compensate according to three times the tariff charged.

　　However, the express service is different from the general postal service, and the express delivery enterprise does not belong to the postal enterprise.

The compensation for the loss of express mail in express service shall be governed by the Civil Code and other relevant civil laws.

All courier companies have stipulated their own uninsured compensation rules within a certain limit in the courier service contract, and there is no room for consumers to negotiate and modify these rules.

Moreover, when the limit of compensation liability agreed by the courier company is lower than the actual value of the shipment, the actual loss of the consumer cannot be compensated, which reduces the compensation liability of the courier company, which is obviously unfair to the consumer.

　　In addition, if the express company has intentionally or grossly negligent acts such as violent sorting, resulting in the damage or loss of the express, the express company has no right to reduce or exempt itself from liability on the grounds of standard terms.

　　2. If the

　　Case: If the express is damaged or lost (including all or part of it), the insured express will be compensated according to the actual value of the loss, but the maximum value will not exceed the declared value; if the express is not fully insured, the compensation amount will be discounted at the insured rate. , that is, the amount of compensation = loss of actual value × declared value / actual value.

Comments:

There are differences between the interpretation of "insured price" by express delivery companies and the understanding of consumers.

The "insurance" rule of express companies belongs to the maximum compensation limit. When the actual compensation is made, the specific amount shall be determined according to the damage of the express, and the maximum amount shall not exceed the insured amount.

Ordinary consumers' understanding of "insured value" means that if the express item is damaged, the express company should compensate according to the insured value.

　　In addition, express service personnel are obliged to remind consumers to insure the price of valuables, and express companies should increase their responsibilities if they fail to perform the reminding obligation or cause express loss, damage, or shortage of internal items due to intentional or gross negligence.

3. If there is a

　　Case: Due to force majeure or other reasons beyond its control, the courier platform crashes or cannot be used normally, resulting in the inability to complete the courier service or the loss of relevant information, records, etc., the courier company is not responsible.

Comments:

Consumers deliver the express to the express company for transportation and pay the fee. The express company receives the express and carries it. The two parties have actually reached an entrusted transportation contract. If it is not the shipper’s own intentional or gross negligence, the express company has the responsibility and obligation to ensure the transportation of the goods. and delivered on time, otherwise it shall be deemed as a breach of contract by the express company, and the express company shall bear the responsibility for breach of contract.

4.

　　Case: During the epidemic, some communities were designated as high-risk areas, which required sterilization, control, etc. for express delivery. After the community was unblocked, the express delivery was lost, and the express company could not complete the delivery. refuse to pay.

Comments:

During the epidemic, the suspension of delivery due to the need for epidemic prevention to sterilize express delivery or to be stored by express delivery outlets does not mean that express delivery companies can dispose of consumers' express delivery at will.

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After the epidemic prevention measures are lifted, the courier company should deliver it safely as soon as possible according to the recipient address.

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