What is the difficulty of express payment?

The claim amount is not subject to this clause

Recently, the topic of express delivery has attracted much attention.

According to the “Qianjiang Evening News”, a consumer in Xiaoshan, Hangzhou, sent 20 grams of gold through a courier company in the same city, and insured the price for 8,000 yuan. After picking up the parcel, the courier claimed that he lost the courier on the way to the toilet, and said that he had reported to the company that he would pay the party. The next day, the customer service of the express company proposed a compensation plan of “payment of 2,000 yuan”, but the parties expressed dissatisfaction with the plan because the express delivery was insured at 8,000 yuan.

This matter has attracted attention after being fermented by public opinion. On September 13, the express company responded to the media that it had paid 8,000 yuan in advance, and said that under the investigation of the police, the gold lost by the customer had been found.

The lost item was found and the full amount insured was paid, but the dispute remains.

Previously, there were media reports that “the courier company sent a mobile phone worth 11,000 yuan but was only willing to pay 1,000 yuan”, “only 300 yuan will be paid for the loss of important documents such as medical identification and hospitalization certificates”, and similar news of claims for lost express delivery of valuables are not uncommon. .

In the actual delivery process, many experiences of express delivery are not controlled by human beings. Image source: TuCong

What is the difficulty of express payment? The Times Weekly reporter checked the public information and found that according to the law, if the express is lost or damaged, the compensation part is subject to the insured price compensation agreement. A lawyer told the Times Weekly reporter that the market supervision department and the consumer association will mediate this. “If the mediation fails, consumers can only choose to sue, so the cost of rights protection is relatively high.”

Shipping and insurance standards vary

The insured price of express delivery is actually “insured” for the express delivery, especially if the sender believes that express delivery has special value.

However, the courier company cannot confirm whether there is an “inflated amount of insurance” in the courier sent. For this reason, most companies will make it clear that some valuables cannot be received and sent. As shown on SF’s official website, valuables (such as artworks, antiques, gems, and precious metals such as gold) are listed in the list of non-delivery/conditional delivery items, and are marked with the right to refuse or suspend delivery, “Based on their own judgment, they believe that from an economic point of view or operation Angle Undeliverable” items.

For example, if a customer wants to send a bracelet that claims to be heirloom, but this kind of item is not widely recognized by the market, the courier company can refuse to accept it.

Another example is Jitu Express, which indicates that documents such as letters, ID cards, and files are rejected in the “Electronic Waybill Contract Clause”; while Yunda and Yuantong grant the right of judgment to the courier, and whether the item can be sent is subject to their verification. For valuables that can be sent and received, the courier company provides insured services, and the insured amount is usually five thousandths of the value of the goods.

If the insured express is lost or damaged, there are also provisions.

According to the “Administrative Measures for the Express Market” issued by the China Express Association in 2013, it is stipulated that when the express (mail) is delayed, lost, damaged or inconsistent with the contents, the enterprise operating the express business shall make compensation according to the agreement with the user according to the law.

Regarding the compensation matters, the above-mentioned measures indicate that for the express mail (mail) purchased with insured price, compensation should be made according to the insured price amount, and if the price is not insured, compensation should be made according to relevant laws.

According to the revised “Postal Law” in 2015, if the insured express is lost or completely damaged, the compensation shall be made according to the insured value, and the loss or damage that is not insured shall be compensated according to the actual loss, but the maximum compensation amount shall not exceed three times the charged tariff.

But in practice, it depends on the “Express Service Agreement” formulated by different express companies.

Each courier company has its own service agreement Image source: TuCong Creative

At present, the “Express Service Agreement” of many mainstream express companies clearly stipulates the compensation method for insured express, and the compensation is divided into full insured compensation and insufficient insured compensation. The Times Weekly reporter learned from the customer service of multiple express companies that most express companies implement “if the express is lost, damaged or short, compensation will be made according to the actual value, up to the insured value of the express”, and a few companies will additionally refund on this basis. Warranty fee.

There are also express companies that explicitly charge insured items in stages: for example, ZTO Express charges a maximum premium of 2 yuan for items below 2,000 yuan, and 3%-5% of the premium for items ranging from 2,000 yuan to 30,000 yuan, that is to say The maximum insured amount is 30,000 yuan.

Insurance strategy is not a panacea

Not only is it difficult to pay the full insured price, but it is also difficult to pay for express delivery disputes.

This makes more consumers choose the strategy of not insured, so that the valuables they send will not be particularly conspicuous because of the insured price in the vast express box, and “reverse protection” is expected to make the express delivery smooth.

In 2021, a consumer posted a consultation on a social platform, saying that he moved to another place, packed his luggage and sent it to a courier point. The courier brother unpacked, checked, and packed without permission. At this point, the consumer believes that the courier brother has found cash in his package.

But at this time, the courier brother asked the consumer if he wanted to insure the price, and asked if the package had cash. The consumer said no, but after the package was received, the cash was gone. “How can I defend my rights?”

However, the above-mentioned consumer consultation is only limited to consultation. Several courier companies have stated that cash is not allowed to be carried in express delivery. If cash is lost during transportation, the company will not be responsible.

Screenshot of a consumer’s consultation content

In this regard, lawyer Zhong Lanan, a senior partner of Beijing Jingshi Law Firm, told the Times Weekly reporter that according to Article 465 of the Civil Code, a transportation contract is signed between consumers and express companies. In the event of loss of express delivery, the express delivery company shall make timely compensation to consumers in accordance with the corresponding contract.

Zhong Lanan also said that the statement of some express companies that they “guarantee loss but not loss” is a clause made by operators to protect their own interests to mitigate or exempt themselves from their own responsibilities. bound by this clause.

But under the current circumstances, market supervision departments and consumer associations will mediate similar incidents, but mediation is not legally enforceable, so mediation fails, consumers can only choose to sue, so the cost of rights protection is relatively high.

“Express companies should also set up corresponding professional departments to handle complaints and cases related to the interests of consumers,” Zhong Lanan said. While safeguarding their own rights and interests, express companies should also comply with the Consumer Rights Protection Law and the Civil Code. As a basis, fully safeguard the legitimate rights and interests of consumers, and implement the law without compromise. “Only in this way can the development of enterprises enter a virtuous circle.”

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