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For goods with a value of 980,000 yuan, I bought a courier service with a value of 20,000 yuan. After receiving the goods, I found that the goods were damaged, and the maintenance cost was more than 10,000 yuan. The courier company said that it could only compensate 250 yuan.
The Beijing Youth Daily reporter visited and found that the default consumer agreed to its terms, the customer service of the express delivery company could not explain the specific compensation standard, and refused to undertake high-priced goods, which were almost common phenomena in the express delivery industry.
phenomenon
It is not a case that the loss of express mail is not compensated according to the premium.
Many companies do not undertake high-priced goods.
Mr. Zhong from Beijing sent a medical device worth 980,000 yuan to Nanning by SF Express. He deliberately chose the insured price of 20,000 yuan, and the insured fee was 100 yuan. When signing, it was found that the package was damaged and the shell was deformed. If it is repaired, it will cost more than 10,000 yuan. Mr. Zhong thought that the insured amount of 20,000 yuan could fully cover the maintenance cost. After Mr. Zhong provided the invoice of the equipment and the maintenance documents, SF said that it could compensate, but only 250 yuan.
Mr. Zhong’s experience is not a case. Ms. Jiang from Nanjing sent goods worth 622,000 yuan from Inner Mongolia to Nanjing by SF Express, and chose the insured price of 20,100 yuan. As a result, accidental damage occurred, and the maintenance price was 12,000 yuan. SF’s reply was compensation of 389 yuan.
Mr. Shi from Nantong, Jiangsu Province, sent the computer host to the customer through SF Express at a price of 4,000 yuan, which was damaged during the express delivery. Mr. Shi’s claim for compensation of 2,200 yuan was not supported, and SF Express could only compensate more than 800 yuan.
The reporter noticed that the standard of insured charges of express delivery companies is generally charged according to the insured amount or declared value of express mail from one thousandth to three thousandths. For express delivery with the insured price of 20,000 yuan, the courier company charges 20 yuan to 60 yuan. However, ladder pricing is also implemented. The higher the insured amount or declared value, the greater the proportion of insured fees. For example, Mr. Ru Zhong sent an express with the insured amount of 20,000 yuan, and charged the insured fee of 100 yuan.
Subsequently, the reporter consulted the SF customer service phone as a consumer. However, its customer service representative and the supervisor on duty did not give a clear explanation for its "insured compensation". The supervisor on duty even said that the insured compensation was explained by professionals, and they were not clear.
In addition, many users said that they were "agreed" to the compensation clause. The reporter of Beiqing Daily interviewed more than 50 citizens who frequently used express mail items, including some Taobao shopkeepers. They all said they knew the "guaranteed price" service, and more than 50% of the respondents said they had used this service. But for the compensation clause, they have never understood it. "Isn’t it full compensation?" Most interviewees expressed surprise after hearing the above cases.
At the same time, the reporter consulted the customer service of several express delivery companies and found that the final operation and explanation of express delivery insurance are at the terminal outlets, and the users need to negotiate with the outlets. When the reporter called some express outlets such as Zhongtong, Shentong and Yunda, when he learned that the items being delivered were computers, precious metal jewelry or works of art, the courier said that such goods could not be received and sent. "If you must send it, we can’t bear the loss of damage in the process." A courier of Zhongtong said.
The reporter of Beiqing Daily learned from the person in charge of some express outlets that even if the expensive goods are insured, the amount of compensation after problems is limited, and there is no guarantee that they will be fully compensated. Many companies also have regulations on the value of single-ticket express delivery. The reporter of Beiqing Daily inquired about the terms of a number of express delivery companies and found that the value of EMS standard express single items does not exceed 50,000 yuan, and the value of express parcels does not exceed 20,000 yuan; The value of one-piece express delivery of Yuantong and Zhongtong shall not exceed 30,000 yuan; The upper limit of the actual value of Shentong’s insured express delivery is 20,000 yuan.
survey
The word "proportion" in the clause
The amount of insured compensation has been greatly reduced
Although it cost extra money to insure the price, once compensation is needed, it is not based on the insured amount. Is this the unspoken rule of the express delivery industry, just like the loss of uninsured express mail can only compensate N times the freight?
The reporter of Beiqing Daily found that not all express delivery companies are like this. The reporter of Beiqing Daily inquired about the Express Service Agreement of SF Express, Yuantong, Zhongtong, Shentong, Yunda and EMS, and each company has clear regulations on the compensation method for insured express mail. Generally speaking, most companies implement "if the express mail is lost, damaged or short, compensation shall be made according to the actual value, and the maximum amount shall not exceed the insured amount of the express mail". A few companies will refund the premium on this basis.
According to the terms of the above express delivery company, if the insured express is damaged, it will be compensated according to the actual loss. For example, if a computer with an insured price of 10,000 yuan is damaged when it arrives, and the maintenance needs 2,000 yuan, then the courier company with the above terms will pay 2,000 yuan. This is more in line with the general public’s understanding of "insured price".
So why didn’t SF do this? The reporter of Beiqing Daily found that in SF’s terms, the expression of compensation for insured express mail is: "SF will compensate you according to the proportion of insured amount and actual loss in case of damage or shortage, and the maximum loss of consigned goods shall not exceed the declared value of insured price when you consign them."
Regarding the concept of "proportion" in the clause, Beiqing Daily reporter consulted its customer service as a customer. However, the customer service of SF Express said that there will be a staff member specially responsible for compensation to contact the reporter. As of press time, the reporter of Beiqing Daily did not receive a call from SF.
Previously, SF Express Commissioner replied to the media that there are two rules for "insured" compensation: "full amount" and "insufficient amount". "For example, in ‘ Full amount ’ In the case of insurance, if the value of the goods is 100,000 yuan, you have insured 100,000 yuan, and the later damage maintenance cost is 10,000 yuan. Under normal circumstances, we can fully pay you 10,000 yuan here. If this item is worth 100,000 yuan, you have insured 10,000 yuan, which belongs to ‘ Not fully insured ’ The later maintenance cost is also 10,000 yuan, which will produce a compensation ratio, which is the amount you guarantee divided by the actual value of the item and then multiplied by your actual loss. "
According to SF’s calculation formula, the compensation amount = (insured amount/actual price) × maintenance cost. Take Mr. Shi’s computer as an example. For a computer with 10,000 yuan, the insured price is 4,000 yuan, and the maintenance cost is 2,200 yuan. Mr. Shi can get 2200×0.4, which is more than 800 yuan in compensation. Mr. Zhong’s 980,000-yuan medical device is insured at 20,000 yuan, which means the proportional coefficient is 2%. The maintenance cost of more than 10 thousand yuan is multiplied by this proportional coefficient, and the final amount is more than 200 yuan.
analyse
Is it reasonable and legal to pay in proportion?
The Postal Law is not the only criterion for judging disputes.
Although the terms of the courier company are like this, is such compensation reasonable and legal? The reporter of Beiqing Daily inquired about a number of laws, regulations and current standards, and found that there are mainly the Postal Law, the Provisional Regulations on Express Delivery and the national standards for Express Delivery Service.
Among them, Article 47 of China’s "Postal Law" stipulates that postal enterprises shall compensate for the loss of vouched mail according to the following provisions: if the insured vouched mail is lost or completely damaged, it shall be compensated according to the insured amount; If it is partially damaged or the internal parts are short, the actual loss of the mail shall be compensated according to the ratio of the insured amount to the total value of the mail.
In this regard, Chen Yinjiang, Deputy Secretary-General of china law society Consumer Protection Law Research Association, said that it is fair to compensate some damages according to the proportion of lost value, but it is often difficult to define the proportion of damages in reality. Although some items are partially damaged, they may not be used by consumers. Even if the courier company pays in proportion, the rights and interests of consumers are still not guaranteed. Therefore, it is best to have a clear agreement between the two parties in advance, and perform according to the agreement if there is a problem.
Liu Junhai, a professor at the Law School of Renmin University of China, said that the provisions of article 47 of the Postal Law related to "guaranteed price" were placed in Chapter V, while "express delivery business" was in Chapter VI, so the rules on guaranteed price of postal enterprises in Chapter V should not be extended to express delivery business in Chapter VI.
The reporter of Beiqing Daily inquired about the referee document network and found that Dawasang Zhou in Xining, Qinghai delivered 1 kg of Cordyceps sinensis through Xining Shentong, with a value of 300,000 yuan and an insured price of 5,000 yuan. As a result, the parcel was lost, and Dawasang Zhou claimed 300,000 yuan from Xining Shentong. After three trials, the case was finally judged, and Xining Shentong paid 240,000 yuan at the market price. The judgment of this case is based on the Postal Law and the Contract Law. It can be seen that the Postal Law is not the only criterion for judging disputes.
Text/Reporter zhangxin Coordinator/Photo courtesy of Yu Meiying/vision china
News memory
Expert: The default check violates consumers’ right to know and choose.
The reporter of Beiqing Daily found that nearly 80% of the respondents said that they did not know from what channel to look at the terms of the courier company. "Now all orders are placed online. I have seen the express delivery terms in the original handwritten form, and now I don’t know where to look." The owner of a Taobao shop said that at present, electronic forms are used, and there are no terms printed on them.
Did the courier company really not announce the terms? The reporter of Beiqing Daily used the mobile phone WeChat to log in to the "Sent Items" business pages of several courier companies, and found that the "Express Service Terms" were under the address filling directory of this page, and some of them also used fonts of other colors to indicate "eye-catching".
Then why didn’t so many people notice? The reporter of Beiqing Daily also noticed that this clause is checked by default, which is different from the compulsory reading of other online services. Even if the reporter of Beiqing Daily did not register, this clause has been checked. Only by clicking the default check box can you click to read the Express Service Terms.
In this regard, Chen Yinjiang, Deputy Secretary-General of china law society Consumer Protection Law Research Association, believes that there are no other laws and regulations that clearly stipulate the insured compensation for express delivery, and all express delivery companies have formulated their own compensation standards and printed them on express delivery orders by unilaterally formulating standard terms. However, the clauses listed by express delivery companies on the express delivery list obviously reduce their own responsibilities and exclude the rights of consumers, which are typical overlord clauses and have no legal effect. In addition, the default check is certainly unreasonable, infringing on consumers’ right to know and choose.