The package worth more than 40,000 yuan was lost, and the signee was actually the "front desk"
The express outlets admitted that it was caused by a work error, but they cannot compensate in full
The door-to-door delivery has become only delivered to the gate of the community, and the recipient's signature has become the receptionist's signature... On August 6, Deng Ming, who lives in Xuzhou District, Yibin City, reported to the cover news cloud help platform that one of his couriers was delivering Lost in the process, it contained a carry bag worth 42,500 yuan.
After many communications, both the sending network and the delivery network admitted that it was caused by a work error, but the sending network said it was only willing to pay 18,000 yuan, and the delivery network said it would only pay 2,000 yuan at most.
Subsequently, Deng Ming reported the case to the police.
process
The package was sent to the wrong sign and the recipient shows "front desk"
On August 9, when reporters met Deng Ming at the Baixi Police Station of the Xuzhou District Bureau of the Yibin City Public Security Bureau, he was explaining the situation to the police.
Liu Tian, the delivery person in charge of the express, nodded to confirm from time to time.
Deng Ming said that in January this year, he bought a backpack in Guangzhou for a total price of 42,500 yuan.
In early July, he contacted a luxury jewelry repair and care shop in Chengdu through the online shopping platform and sent the bag to care.
After the treatment, the merchant contacted Zhongtong Express to deliver the package to Yibin.
"Express information shows that at 7:28 pm on July 12, the three Gaoshengqiao branch of Zhongtong Express Chengdu City picked up the courier and shipped it to Yibin on the afternoon of the 13th." Deng Ming told reporters that due to busy work, It was not until July 15th that I remembered that the express delivery had not arrived, so I found out that the express delivery was signed for in Yibin County (Xuzhou District, Yibin City) as early as July 13, and the recipient was the "front desk."
"Who is at the front desk? The courier does not call to confirm his identity, and he delivers the courier to the front desk?" Deng Ming said.
Faced with follow-up questions, Liu Tian said: "At that time, the names of two express delivery recipients were very similar. I remembered that they were confused and sent Deng Ming’s express delivery to another place." Liu Tian did not specify who delivered the express delivery. He didn't explain who the front desk was, but he repeatedly emphasized that he went to look for it many times afterwards, but he couldn't find it.
"The courier lost it during delivery, and the courier company is responsible." Deng Ming said his request. The courier company does not need to pay for the cash. He only needs the courier company to buy the same package to compensate him.
After learning about the situation, the police from the Baixi Police Station told reporters that the incident was a transaction dispute and could not be filed. They have contacted the relevant person in charge of the Zhongtong Express delivery network and asked them to assist the courier in searching, trying to find the courier, and reducing the parties’ troubles. loss.
Outlet response
It’s a work error but can’t be compensated in full
On August 9th, the reporter dialed the number of the express delivery network Zhongtong Express's Xuzhou District delivery network. In the phone call, a person in charge of the network, surnamed Zeng, admitted that it was a mistake in the network's work.
But he said that they are only the delivery party, and they don't know what items are being delivered, let alone the value of the items being delivered. Therefore, in this incident, the sending outlets and the sending personnel are the main responsible persons.
"The item is a valuable item, but neither the sending network nor the sender declares the value of the item. We defaulted this express to be an ordinary express within 2,000 yuan, and it was not delivered according to the delivery standard for valuables." The person in charge said, according to Related requirements, for ordinary express delivery, they only bear the responsibility within 2,000 yuan.
Subsequently, the reporter called the express delivery network Zhongtong Express Chengdu City 3 Gaoshengqiao branch, the other party expressed willingness to compensate 18,000 yuan.
"The express has no value statement and insured service. According to the company's regulations, the maximum compensation is only 500 yuan. However, considering the large loss of the customer, the leader decided to compensate 18,000 yuan after discussion." A staff member of the outlet said.
Regarding the value statement and insured services mentioned many times by the two outlets, Deng Ming said that this is only a regulation of the express delivery company and should not be used as a reason for refusing compensation if the express is lost.
He intends to report to the relevant regulatory authorities and go to court to sue.
Lawyer's Statement
Compensate only part of the loss on the grounds that the price is not insured
May be deemed invalid
In response to the loss of Deng Ming’s express delivery, Luo Bingshuang, a lawyer from Sichuan Fengyi Law Firm, believes that according to the relevant provisions of the Civil Code, Deng Ming and the luxury jewelry repair and care shop have established a contractual relationship.
As the contractor, the luxury jewelry repair and care shop should deliver the leather goods to Deng Ming after taking care of it. It has established a transportation contract (express service contract) relationship with the express company. As the carrier, the express company is obliged to deliver the goods properly. Reached to the recipient Deng Ming.
Now the express company admits that it was due to its own reasons that the express was lost. According to the principle of contract relativity, Deng Ming can request the luxury jewelry repair and care shop to bear the liability for compensation, and the luxury jewelry repair and care shop shall seek compensation from the express company after assuming the liability for compensation.
"Our law does not prohibit third parties from paying off debts or fulfilling obligations on their behalf. For example, it is legal for a courier company to voluntarily compensate Deng Ming for his losses." According to Luo Bingshuang, the courier company has no value when sending leather goods unilaterally to a luxury jewelry repair shop. Declaration and insured services, so that they are only willing to pay part of the loss, are unilaterally formulated "standard clauses", which may be deemed invalid.
(Deng Ming and Liu Tian are both pseudonyms in the text)
West China Metropolis Daily-cover news reporter Wu Xuemei, trainee reporter Du Zhuobin