How can I express my only 1,000 valuable items for the mobile phone?

Sending 10,000 yuan of mobile phones, only 1,000 yuan; the items with a premium of 18,000 yuan were damaged, and only 500 yuan was lost ... Recently, the dispute over express delivery claims has attracted much attention. Some consumers say they have been "abducted" by the corporate preparation clause of the enterprise. Is the preparation rules formulated by an enterprise? How should the expensive items be insured?

Focus

Is it reasonable to only give basic compensation?

Recently, the topic of "lost 11,000 yuan in mobile phones, only 1000" was rushed to social media hot search. Ms. Xia in Shenzhen spent 11,000 yuan to buy a new unpack Apple mobile phone and sent it to her family in Jiangsu, but the other party did not receive the goods. Ms. Xia was repeatedly asked before being told: the express delivery was lost. Because Ms. Xia checked 2 yuan when she sent the courier, the courier company said that according to the insurance insurance rules, it could compensate 1,000 yuan. However, Ms. Xia resolutely did not accept it, saying that when the applet was placed, she did not see a small word in the interface.

Some netizens think that this is the fault of the sender: knowing why the valuable items are not fulfilled? Some netizens believe that the existence of insured price itself is unreasonable. The courier company has charged the courier fee.

Not long after the mobile phone incident, there were two other express delivery disputes. On September 10, Xiao Liu, Xiaoshan, Hangzhou, sent 20 grams of gold in the same city and purchased an insurance price of 8,000 yuan. Later, Xiao Liu was informed that the express was lost. Customer service claims to pay only 2,000 yuan. Although the gold was found in the end and the incident was successfully resolved, the incident further aggravated netizens' concerns about the rules of insurance. On September 19th, Weibo was exposed that a man courier made 18,000 yuan in premiums. During the mailing process, hand -made damage, but the courier company said that the hand -controlled company was not fully damaged to repair it. It can only be compensated according to the actual loss and the ratio of the insured amount, so only agreed to compensate 500 yuan.

The onerim of the context of the express delivery price makes many people worry: if there is no valuable item with no premium or no full insurance price in the future, the courier can be lost to the client, and then only given the most basic compensation?

Reporter's question

Who is the final say?

How to deal with disputes due to damage and loss of courier items? In the "Express Market Management Measures", if the express delivery service is delayed, lost, damaged, and inconsistent with the express delivery, the enterprise operating the express delivery business shall compensate for compensation in accordance with the agreement with the user. If the company does not agree on the compensation matters between the enterprise, the express price of the purchase price shall be compensated in accordance with the amount of insurance. For expressters that are not purchased, compensation shall be compensated in accordance with relevant laws.

The reporter sorted out the relevant regulations of many express delivery companies and found that the "insured" rules have become the standard service for various express companies. Many courier companies require users to check the "Express Agreement" before placing an order. In this type of agreement, the courier companies have their own regulations for the rules of courier and compensation. If the user does not agree with the "Express Agreement", it cannot send the courier. For unprecedented items, the maximum compensation promised by the express company is 3 times the shipping, 7 times shipping, 9 times shipping and 300 yuan. In terms of insurance premiums, the charging standards are different. For example, a statement is declared with an ordinary product with a value of 8,000 yuan. Some express companies charge 21.6 yuan for insurance premiums, and some are charged 40 yuan. Compared with ordinary products, the charging standards for special products such as drinking, computer, and glass products will be higher. However, for some high -transporting risks such as antiques, calligraphy and painting, jade, sculpture, many express companies do not provide insured services.

Since the courier company has formulated the rules for insurance insurance, and consumers must agree to provide services, does it mean that after the dispute occurs, it can only be based on the rules of the courier company. How much will the company pay? the answer is negative. The reporter consulted the relevant jurisprudence and found that the court's judgment is often more conducive to consumers. Express companies have fulfilled their obligations for the prompts, and directly determine whether the courier company is regarded as the preservation rules that are regarded as the terms of format.

Typical case

Moutai Lighting Express Company was sentenced to major negligence

Not long ago, the Beijing Chaoyang Court sentenced a courier dispute of "10,000 yuan Moutai Wine Post to send out light". Mr. Gui reserved a courier company through WeChat Mini Program, and transported the three bottles of 53 degrees 1680 collection Moutai to Changsha City, Hunan Province, with each bottle of wine worth 12,999 yuan.

Moutai has been damaged when he arrived in Changsha's General Transfer, and the courier company replaced the damaged packaging by itself, but he has not told the recipient or Mr. Gui. Later, Mr. Gui took the initiative to contact the express company to learn that the goods were damaged. After disassembling the package, the recipient found that one of the bottles of Moutai wine was broken and the wine was leaked.

When applying for a claim, the courier company stated that Mr. Gui only paid 1 yuan insured fee when mailing the goods, and the value of the corresponding check -in goods was 300 yuan. Therefore Agree with 3 times the freight.

The court believes that the courier company has the obligation to inform the insurance rules. According to the evidence of the case and the statement of the two parties, the court is difficult to determine that the express company has fulfilled the obligation of active explanation, so the preservation clause is not established. In the process of transporting Moutai, the courier company also had major faults in disposal. However, in view of Mr. Gui's delivery of valuable goods, it did not declare in advance, which caused the courier company to be unable to form a full understanding of this. Mr. Gui also had a certain mistake in the event of the final loss. Therefore, the Chaoyang Court ruled that the courier company compensated Mr. Gui 6,500 yuan. The 400,000 -sided invoice is lost, only 7 times the shipping fee is lost

The court made different judgments among the two other senders' unpaid courier disputes.

A jade bracelet worth 5,000 yuan in Beijing's consumer online was not satisfied. He did not guarantee the price when he chose to return the goods. After the express delivery was lost, the express company said that because it was an unprepared price, the compensation standard was only 5 times the shipping cost, up to dozens of dollars. The court trial believes that during the process of network operation or courier pickup, the courier company did not informed the sender's relevant price insurance rules, and when the sender notified the courier to mail the item as the jade bracelet, the courier did not remind valuables that valuable items could be possible. Insure the price. In view of the failure of the courier company to fulfill the prompts, the Beijing Third Intermediate People's Court's final judgment courier company compensated the jade bracelet to lose 5,000 yuan.

In another case, a law firm mailed 40 special VAT invoices for the customer unit with a total amount of 400,000 yuan. Due to the signing of the courier's unauthorized generation, the email was lost. The law firm had lost the loss of the lost invoice and was fined 16,000 yuan by the tax department.

The courier company said that the mailing of the law firms was filled out as a document, and the price was not insured. According to the insurance premium rules agreed on the two parties, it should be compensated at 7 times the freight. The court trial believes that from the content recorded on the courier form, it can only be determined that the items entrusted by the law firm can be used as a document. In view of the fact that when the sender places the order, it must be checked and agreed with the "Electronic Transport Contract Terms", otherwise the next step cannot be performed; the courier company not only uses black and thick fonts in the contract terms to obviously indicate the difference between the customer's insure and non -insured price. It also prompts the consequences of non -insured prices through the "explanation" method in the subsequent order. Based on this, the law firm has selected and agreed to the "Electronic Transportation Contract Terms". Related terms and explanation of the content of the content. Since the freight of this order is 13 yuan, the court finally ruled that the courier company was 91 yuan for the law firm at 7 times the shipping law firm.

Give you a trick

Valuables are more insurance like this

Pay attention to the insured rules of the courier company

Judging from the above verdict, when consumers are mailing express delivery, whether the courier company has fulfilled the preservation rules, it is critical.

Gao Shihua, the chief trial of the Moutai Liquor case in Beijing Chaoyang Court, said that the prompt and explanation obligation requires that the courier company reminds the preservation clauses in obvious ways such as bold and black, pop -up reminder, etc. It depends on whether the courier comes to the door. The meaning of the correct explanation.

When a dispute between claims, consumers can carefully recall the process of ordering when sending the courier and whether the courier has obvious prompts and explanations when the courier is obtained. , Actively strive for rights and interests.

Valuable items are recommended for sufficient insurance

According to the premium rules of most express companies, if the sender chooses the insured price but does not make a sufficient insurance price, and the courier items will be damaged, the loss will be paid according to the proportion of the price and the actual value of the item. For example, the sender gives the actual product worth 10,000 yuan based on 10,000 yuan. Once the product is damaged during the transportation process, even if the actual loss does not reach 1,000 yuan, the courier company will not pay in full. Compensation is made according to the actual losses, which is different from consumers.

The judge reminded that when sending valuables, it is best to make a full amount of insurance. At the same time, consumers should pay attention to retaining evidence when sending valuables, including photos and status of items when sending items, and consumer vouchers that can prove the value of items.

Excess insurance will not receive excess compensation

In order to attract the attention of the courier, not only the valuables are insured, but also excessive insurance prices. For example, a product worth 3,000 yuan is 5,000 yuan.

The judge reminded that the more the insured price is more than the more compensation. Express companies usually stipulate that the premium express delivery is compensated according to the actual value loss. In other words, it is worth 3,000 yuan worth of items worth 3,000 yuan. Even if the price of 5,000 yuan is guaranteed, the premiums of more spending can only be a waste of money.

Source: Beijing Evening News

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