CCTV News:Recently, Mr. Zhong from Beijing mailed a medical device worth 980,000 yuan by SF Express, and he bought 20,000 yuan for insurance and 100 yuan for fear of accidents during transportation. It is found that the express mail is damaged when signing, and it will cost 10 thousand yuan to repair it. Mr. Zhong thought that he had bought 20,000 yuan, and this maintenance fee must be settled. However, when he provided relevant credentials to the courier company, the other party said that he could only pay 250 yuan.
In response to this customer service, what Mr. Zhong did this time was part of the insured price, which can only be compensated in proportion. In order to get the insured amount of 20 thousand yuan, he should choose the full insured amount.
SF Express Customer Service:If it’s worth 100,000 yuan, and you insured it for 100,000 yuan, your later maintenance cost will be 10,000 yuan. Under normal circumstances, we will pay you 10,000 yuan in full. If you say that the value of this item is 100,000 yuan, and you insured it for 10,000 yuan, it is not fully insured, then it will generate a proportion of compensation, which is the amount insured by you divided by the actual value of the item and multiplied by your actual loss.
According to the customer service, the insured price of 20,000 yuan is divided by the equipment of 980,000 yuan, and the compensation ratio is 2%, and the maintenance cost of more than 10,000 yuan is multiplied by 2%, and the final amount that the enterprise needs to pay is 250 yuan.
Consumer Mr. Zhong:I calculated the goods of 980,000 yuan, and if the price is to be preserved, it will be about 25,000 to 30,000 yuan. I don’t have that much to deliver directly by plane, so there is a big misunderstanding in this thing.
Is it reasonable and legal to pay in proportion for the damage of express delivery?
The reporter learned that at present, all express delivery companies have formulated their own insurance standards.
SF Express has no limit on the value of a single express delivery. The lowest 1 yuan can insure the goods within 500 yuan, and more than 1,000 yuan is charged at five thousandths of the value of the goods;
The insured fees of Yunda, Shentong and ZTO Express are all charged at 3% of the insured amount, and the upper limit of the value of a single express is 20,000 yuan and 30,000 yuan respectively;
The value of a single express of Yuantong Express does not exceed 30,000 yuan, the lowest 1 yuan can insure the goods within 1,000 yuan, the premium of 1,000 to 2,000 yuan is 2 yuan, and 2,000 to 10,000 yuan and 10,000 to 30,000 yuan are charged according to 3% and 5% of the insured amount respectively;
Best Express has a maximum insured price of 10,000 yuan, and the insured fee is charged at 1% of the actual value of the goods.
The so-called proportional compensation actually refers to the rules of postal insurance in the Postal Law. Article 47 of China’s Postal Law stipulates that postal enterprises should compensate for the loss of vouched mail according to the following provisions: if the insured vouched mail is lost or completely damaged, it should 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.
Experts believe that express delivery service is a transportation contract service. As long as the express delivery company undertakes express delivery, it should pay for the risks involved. The insurance regulations in the Postal Law are not applicable to express delivery companies.
By default, the clause is checked, and the setting is unclear, which infringes on consumers’ rights and interests
It seems that there is a certain legal source for the express delivery company to pay in proportion. As far as we know, Mr. Zhong still felt dissatisfied after the customer service responded, so he called 12315 to reflect the situation. With the assistance of 12315 platform, SF paid Mr. Zhong 1000 yuan after many times of communication and negotiation.
However, whether in 250 yuan or 1000 yuan, for Mr. Zhong, his rights and interests have not been fully protected. What is the problem?
The reporter learned that most consumers generally understand that the insured amount of express delivery is equal to the amount of compensation that consumers can get. The customer service staff of the courier company said that consumers can see the relevant regulations when paying, but there are still consumers who are not clear.
Consumer Mr. Deng:Every time you send an express delivery, the express delivery terms are checked by default, so just pay directly.
The reporter logged into the "sent items" business pages of several courier companies and found that there were some "hidden rules" due to the unclear setting of the "Express Service Terms" of the courier companies. Some terms have been checked by default, while others cannot be paid without checking.
Some experts believe that this is a violation of consumers’ right to know and choose.
Lawyers suggest that in this case, consumers can protect their rights through the Contract Law. However, Article 311 and Article 54 of the Contract Law respectively stipulate the compensation for loss of goods and the compensation stipulated in unreasonable contracts.
Wu Xuemei, Member of Postal Legal Affairs Committee of Beijing Lawyers Association:In fact, the contract law clearly stipulates that if losses are caused to the sender’s goods, it should be compensated according to the law. If there is still a sender who thinks that the agreement in the insured clause is illegal, unfair, or infringed, then he can apply to the court to determine that this clause is invalid, or immediately revoke it.
Insured price does not mean that insurance express pays in proportion, which is reasonable.
Since there are no other laws and regulations that clearly stipulate the insured compensation for express delivery, all express delivery companies have formulated their own compensation standards. It must be admitted that it is reasonable to compensate for the partial damage of express goods according to the proportion of lost value. For express delivery companies, buying insurance is not buying insurance. If you don’t pay in proportion, it means that the transportation risk of high-value goods is much higher than the transportation income. In the end, enterprises will reject high-value express mail in order to reduce the risk, and consumers’ rights and interests will also be lost.
Express payment also needs a market-oriented solution mechanism.
However, for consumers, although some items are partially damaged, they may not be used. Even if the courier company pays in proportion, the rights and interests of consumers are still not guaranteed. At the same time, there are disputes caused by the fact that it is often difficult to define the proportion of damage.
As a big country of express delivery, the number of express delivery in 2018 has exceeded 50 billion, and it is estimated that the express delivery volume in 2019 will exceed 60 billion. In the face of such a huge market, in addition to further clarifying the basic principles of compensation for damage and loss of express mail in laws and regulations, we should also explore socialized and market-oriented solutions, such as introducing industry insurance to solve the problem of express delivery compensation.
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