How can I break the courier loss damage?"11,000 yuan mobile phone lost only 1,000 yuan" on the hot searches, the preservation clause

Yangcheng Evening News all -media reporter Li Zhiwen

Recently, a Ms. Xia in Shenzhen complained that she spent 11,000 yuan to buy a new unpacking iPhone13 Pro Max phone and sent it to Jiangsu's family through SF Express. Unexpectedly, it was lost. However Only 1,000 yuan can be paid. Although SF will later increase the payment amount to 2500 yuan, Ms. Xia is still unacceptable.

This incident caused public discussion, and once appeared on Weibo hot search. In fact, it is not uncommon for incidents similar to "difficulty in express delivery", and almost every courier company has been exposed to related cases. So what should consumers do if consumers encounter similar incidents? Can you only recognize afterwards? Or must you avoid losses by purchasing high insurance price services in advance? In response, a reporter from Yangcheng Evening News interviewed a number of lawyers and experts.

Phenomenon: Expressing the courier is not flying, even if it can be lost, it is a lot of money.

"Difficult claims after express delivery" is not a new topic, and related incidents are common. Recently, Ms. Lin, the citizens of Chongqing, also encountered such annoyance. She sent two bracelets to Guangdong via Yuantong Express, and one of the 4,800 more than 4,800 bracelets disappeared. The staff of Yuantong Express acknowledged that the staff of the Cainiao Station was not packed when packing, causing one of the boxes to be lost during transportation. However, because Ms. Lin did not have a insurance price, the courier company could only pay 300 yuan.

In May of this year, Mr. Wang, who was Wangyuan, Ningxia, sent a group of important documents including medical appraisal and hospitalization certificates to Changsha through Zhongtong Express, but the expressway was lost after reaching Changsha. The two parties have different compensation issues. Zhongtong Express only promised to compensate 300 yuan, and Mr. Wang asked Zhongtong Express to compensate him for the cost of going to Changsha to make a certificate. After media reports, Zhongtong said that the staff would commission the staff to help in Changsha to help make up the materials, and the documents that could not be made up will be negotiated again with Mr. Wang.

Liu, who was going to school in Guangzhou, told reporters that she had experienced the application of Shentong Express to lose into the party's application form. After the feedback, the courier company could not find it, and because it was difficult to prove the value of the application for the party, there was no compensation. Of.

Judging from the previous cases, when such disputes are encountered, the willingness to pay for each express company is not strong. Even if they can pay, the amount is often much lower than the value of the loss of the object.

The reporter sorted out and found that the payment standards of each express company are divided into two situations: "unprovable" and "insured":

For example, SF stipulates that the loss, damage, and shortness of unpaid express delivery in the transportation session will compensate the actual losses of the holder within the limit of 7 times the freight, except for the two parties. It is worth noting that in the case of unsuccessful price, the value of the SF unified visual consumption of the items does not exceed 1,000 yuan (fresh categories are deemed to be worth not more than 500 yuan). Yuantong stipulates that the sender confirmed that the value of the shipment of the delivery of the delivery does not exceed 30,000 yuan. The outsiders who have not insured are lost, destroyed, and less damaged. The maximum compensation of the items does not exceed 300 yuan/ticket. JD Logistics stipulates that no premiums are selected, and the actual losses of the consignment are compensated within the limit of 9 times the freight of the votes and lost the shipping cost, the maximum upper limit is 1,000 yuan. Zhongtong stipulates that the out -of -premium express is compensated according to the actual value loss, but the maximum does not exceed RMB 500 (inclusive); in addition to another agreed, if the price is not insured and the valid value certificate cannot be provided, it will be 3 times that of the express delivery service fee of the ticket express delivery service fee. compensation.

For insured services, each express company either implements staircase pricing. For example, Yuantong stipulates that the value of the goods is within 1,000 yuan (inclusive), the insured fee is 1 yuan, the value is 1,000 yuan to 2,000 yuan (inclusive), the insured fee is 2 yuan is 2 yuan ; Either charges according to a certain percentage of the amount of insured, such as a rookie is charged at a ratio of 0.5%; or two pricing methods are used in combination. The minimum insurance price costs of each courier company are starting from 1 yuan.

After the insured price, the courier company will comprehensively consider compensation based on factors such as the amount of preservation, the actual value of the delivery, the proportion of damage, and the actual loss. For example, Yuantong compensates according to the actual loss value, but the maximum does not exceed the amount of the express price; JD Logistics stipulates that after the damage or loss of the consignment is compensated according to the proportion of the price insulation and the loss, the maximum amount does not exceed the actual loss of the consignment object; the Zhongtong stipulates , The fast -moving express is compensated according to the actual value loss, but the maximum does not exceed the declaration value. If the shipment does not have enough insurance price, the compensation amount will be discounted at the insurance rate, that is, the amount of compensation = actual value loss × declaration value/actual value.

Controversy: whether the company is determined by the company, whether it is fair and effective

Zhong Lanan, a senior partner of the Jingshi Law Firm, told reporters that at present, express delivery companies are mainly based on the relevant provisions of the "Postal Law of the People's Republic of China". compensation.

He explained that the law was initially formulated and implemented, mainly suitable for Chinese state -owned postal companies. For the postal system many years ago, it is not uncommon for losing express delivery, and the value is relatively small. Express loss, especially valuable express delivery, is an uncommon small probability event. It is obviously not reasonable to limit the payment in accordance with the terms in the postal law. In the above SF incident, SF only paid 1,000 yuan or 2,500 yuan, far from making up for the parties' losses.

"It is worth noting that if valuables lose a small amount of cost, it may trigger the moral crisis of express employees, that is, they may use this system to" adhere to self -theft "." Zhong Lanan added. The reporter also noticed that in the above incident, Ms. Xia lost her mobile phone and found that the new unpacking mobile phone was turned on and activated. Therefore, she suspected that the insiders of SF had taken the phone. Zhu Yongping, a lawyer of Datong Law Firm, told reporters that according to Article 27 of the State Council's "Interim Regulations on Express Express", if the express mail delay, loss, damage, or internal parts are short, the express delivery of prices should be in accordance with enterprises and sending companies operating express delivery business and delivery. The premium rules agreed in the person determine the liability for compensation. In Zhu Yongping's view, although SF pays 1,000 yuan based on the 2 yuan insurance service service selected by Ms. Xia, which meets the provisions of the insured clauses in the "Express Transportation Contracts". There is controversy.

According to the "Civil Code", the party that provides formats should follow the principles of fairness to determine the rights and obligations between the parties, and adopt a reasonable way to prompt the other party to pay attention to or reduce their responsibilities. "If the SF Express did not fulfill the prompt or explain the obligations when receiving the collection, Ms. Xia did not pay attention or understands the terms of premiums that have a major interest relationship. The Civil Code "Article 833 of Article 833 re -determines the amount of compensation." Zhu Yongping added.

Sound: Some people support the insurance price, and some people talk about dumb losses

After the "SF lost 11,000 yuan mobile phone for only 1,000 yuan", it caused heated discussion among netizens. Different people have different sounds for express delivery services.

Some netizens talked: "I have paid for the courier, isn't the parcel lost, should I pay the courier company for compensation? Why do I have to buy a insurance price?" Some netizens believe that the transportation of valuables to be more risks than ordinary parcels. The insurance cost is reasonable.

Ms. Wu, who works in Guangzhou, supports the premium service charges. She said that the insurance price is like buying a insurance. Although most of the cases are not used, in case it is really lost or damaged, there can be a little compensation.

Mr. Yang, a citizen of Guangzhou, shared an experience he sent to reporters: he had sent an iPad to his friends, for fear of losses, he specially bought the insured service, and the insured fee was three times the courier fee. "It's too expensive, there is a feeling of eating dumb losses. I didn't want to buy it, but I was afraid of it." Mr. Yang said.

The reporter observed that among the disputes between many courier -lost cases, many people question: Why do courier companies collect freight contracts from customers, excluding the liability for compensation after the loss of express delivery. Is this behavior reasonable?

Zhu Yongping told reporters that Article 27 of the "Interim Regulations on Express Express" stipulates two kinds of compensation situations on the events of express delivery delays, loss, damage, or short internal parts: fast parts of insured companies shall be in accordance with enterprises and senders operating the courier business. The agreed premium rules determine the liability for compensation. For the outlets that are not insured, the liability for compensation shall be determined in accordance with the relevant provisions of civil law. Based on this, courier companies have also set up two charges.

Zhong Lanan said that when courier companies require consumers to keep valuables, they need to have a clear prompt; in addition, they must also explain on the courier list so that customers know the legal consequences of his non -insured.

Suggestion: Valuable items are full insurance, keep relevant documents well

How can consumers rationally safeguard their legitimate rights and interests, and avoid unnecessary disputes with express companies when express delivery is lost? In this regard, the lawyer gave relevant suggestions.

Zhu Yongping suggested that consumers should make full insurance prices in advance when mailing valuables, and retain important documents and videos of the valuable documents that prove the value of valuables and pre -transport states.

Zhong Lan'an believes that one must choose a regular courier company; second to explain the items they mail to the courier, it is best to clearly show the corresponding value and indicate the relevant information on the courier list; Persons should immediately report to the courier company that actively mediate. If you cannot mediate, you can complain to the Consumer Association or to the court.

Zhang Yi, CEO and chief analyst of Ai Media Consultation, told reporters that in the past, express companies won the market by express delivery speed. Battleground". "Under the premise of providing express delivery services on time, we pay more attention to the safety of the goods in order to further win consumers." Zhang Yi said.

However, Zhang Yi also said that how to ensure the amount of compensation is consistent with the true value of the loss of goods, how to not be blinded by internal employees or consumers, etc., and also tests the management ability of the express delivery company itself.

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