Uninsured express damages are unfairly compensated according to the minimum limit [“Double Eleven” express delivery industry ushered in the golden transportation period, the Consumers Association commented on the four “overlord clauses” of the express delivery industry]
The "Double Eleven" shopping festival has opened, and the national express delivery industry has entered a golden transportation period.
On November 4th, the China Consumers Association invited the lawyers of the China Consumers Association lawyers to comment on the four "overlord clauses" of the express delivery industry that consumers reflected strongly.
The issue of insuring the value of express shipments has always been a hot topic of concern for consumers. The lawyers of the China Consumers Association Lawyers Group are respectively on the "loss or damage of uninsured express shipments, and the express company is generally liable for compensation at a lower limit" and "under the condition of insured prices, express shipments are damaged, damaged, or damaged." If it is lost, the courier company does not pay in full”, commented on two areas that are prone to unfair format terms.
Damaged ordinary express without insured value
Compensation at lower limit is unfair
When consumers send express parcels, they often encounter such format clauses: ordinary express parcels that are not insured are damaged or damaged, documents and items are damaged but the main functions are not affected. 20% compensation, the maximum compensation for documents is 100 yuan, and the maximum compensation for items 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 freight, the maximum compensation for documents is 100 yuan, and the maximum compensation for items is 300 yuan.
A lawyer from the China Consumers Association said that each express company has stipulated its own uninsured compensation rules within a certain limit in the express 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.
Damaged and lost insured shipments
The courier company does not pay the full amount
The express has been insured, and there will still be unfairness due to the setting of standard terms.
For example, some courier companies' insured price agreement will mention that "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 enough If the insured amount is insured, the compensation amount shall be discounted at the insured rate.”
In response to this, the lawyer said that the interpretation of "insured price" by express delivery companies and the understanding of consumers are different.
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.
The express company is obliged to clarify the specific insured compensation rules to consumers before accepting the consignment. If the notification is unclear and there is a dispute over the understanding of the standard terms, it should make an explanation that is not conducive to the party providing the standard terms.
The loss of the express should be compensated according to the agreement. It cannot be exempted on the grounds of epidemic prevention and control.
During the epidemic, some communities were designated as high-risk areas, which required sterilization and control of express shipments. After the community was unblocked, consumers found that the delivery was suspended, and the items stored in the express outlet were lost, and the express company could not complete the delivery. And refused to pay compensation on the grounds of epidemic prevention and control measures.
In response to this situation, lawyers from the China Consumers Association believe that during the epidemic, the need to sterilize express mail or be kept by express delivery outlets and suspend delivery during the epidemic does not mean that express companies can dispose of consumers' express mail at will.
During the epidemic prevention period, express delivery companies should take good care of consumers' express mail. If the express mail is lost, damaged, or lacking, it should pay compensation according to the agreement, and cannot shirk its responsibility for compensation on the grounds of epidemic prevention measures.
After the epidemic prevention measures are lifted, the courier company should deliver it safely as soon as possible according to the recipient address.
In addition, in response to the standard clause that "the express delivery company is not responsible for the failure of the express delivery service to complete or the loss of relevant information and records due to force majeure or other reasons beyond its control, the express delivery platform crashes or cannot be used normally", the lawyer believes that the express delivery company If there is a problem with the information system of the express, the security obligation of the express cannot be exempted. The express company should repair the information system as soon as possible, and then deliver the goods as agreed.
Text / reporter Wang Wei
Beijing Youth Daily