The Dispute Of Express Delivery Insurance Price Rises Again: It Is Difficult To Compensate Without Insurance, And It Is Difficult To Compensate In Full

Zhang Qiang, who comes from Wuhan, Hubei Province, has a trouble. He complained to the 21st century economic report's whistle blowing platform that a box of high-grade liquor delivered by SF express in the same city during the Spring Festival this year was damaged.

"SF refused to pay for the damaged goods because it was not insured." Zhang Qiang told the 21st century economic report that a box of Feitian Maotai was damaged, two bottles were damaged, and one bottle of rubber cap was loose, and the original box packaging became loose bottle packaging.

"I'm obviously not satisfied with such a compensation scheme." Zhang Qiang said that he had uploaded the goods value certificate to the SF express service platform and asked for compensation for the price of two bottles of damaged liquor, but failed to do so. After several negotiations, SF express only offered to compensate 2000 yuan.

In fact, what happened to Zhang Qiang is not a case in point.

In recent years, with the continuous expansion of China's express business scale, the situation of postal business complaints is also increasing. According to the latest statistics of the State Post Office, in January this year, the State Post Office and provincial (District, city) postal administrations handled 21659 complaints through the "12305" postal users' complaint telephone and complaint website, an increase of 23.8% year-on-year. Among them, the main problems related to postal service complaints include delivery service, mail delay, loss and damage of mail, accounting for 38.6%, 32.3%, 16.3% and 4% of the total complaints respectively.

In recent years, the frequent disputes of express delivery insurance have become one of the main problems between consumers and express companies. Many people even resort to law. The 21st century economic report reporter inquired the China judicial document website and found that since 2014, the website has published 43 civil dispute cases concerning express delivery value insured compensation. Last year alone, 10 cases were adjudicated. Express companies involved include SF express, deppon express, Zhongtong express, etc.

So, how to judge the cases in recent years? If express delivery does not cover the price, can the express company be exempted from the liability for damages caused by its transportation? Is the current express insurance mechanism reasonable?

In recent years, with the continuous expansion of China's express business scale, the situation of postal business complaints is also increasing. -Gan Jun

How to compensate for it without insurance?

With the continuous improvement of the business volume of express delivery industry, the types of goods transported are also increasing, and the range of goods value is expanding. Therefore, for the valuables delivered by consumers, it has become a common practice in the domestic express industry to suggest the insured value in recent years.

"Express compensation, the current industry practice is: if the delivery of goods insured, according to the insured compensation; if there is no insurance, according to no more than three times the freight." Yang Daqing, supply chain expert of China Federation of logistics and purchasing, told 21st century economic news that for the case of uninsured price, the compensation basis is based on the "express market management measures" implemented on March 1, 2013, which can not be limited to three times the freight.

However, in the view of some consumers, the express industry has the suspicion of service splitting and responsibility shifting to consumers. "The express company's job is not to deliver the express safely to the place designated by the customer?" In an interview with 21st century economic reporter, some consumers questioned why consumers need to pay extra for services they should have provided?

The 21st century economic reporter tested it through SF Express's wechat app - from Shanghai Express, a mobile phone worth 8000 yuan, to Beijing, the express cost is 23 yuan without insurance; after adding the insured price, the total express cost is 63 yuan.

Although the rationality of the insured service itself is not recognized by the public, the vast majority of consumers are willing to accept the insured service of express delivery companies. "The insurance price is equivalent to insuring your valuables, and it can also reduce accidental losses as much as possible." Gong Wen, the head of a digital product store, told 21st century economic news that it was his usual practice to insure the price of valuable products such as mobile phones and tablets to customers.

Express companies should do their duty to inform the insured price

However, for the non insured express, can the express company be exempted from liability?

Yan Chuang, a partner of Beijing Zhongwen law firm, gave a negative answer to the 21st century economic reporter. "I don't think so. Insurance is a voluntary principle for consumers." In his opinion, the insurance terms provided by express companies are standard terms and have the obligation to inform consumers. But at present, with the promotion of electronic bill, the display of insured service terms by express company's small program and other platforms is easy to cause consumers' neglect.

Under the current legal framework, the so-called standard terms refer to the terms that the parties have drawn up in advance for repeated use and have not negotiated with the other party when concluding the contract. The 21st century economic report reporter inquired the case of China judicial document network and found that when the express company did not fulfill the duty of informing the insured price, the court's decisions tended to appeal to consumers.

In 2016, the plaintiff Tao sent jadeite stone and jadeite pendant and other valuables through Zhongtong express, with a value of 10300 yuan, and the express delivery was not insured. However, due to the loss of the express, both parties could not reach an agreement on the amount of compensation, so they appealed to the court.

One of the controversies in this case is whether consumers are told that express delivery is insured. One of the reasons for the defendant Zhongtong Express's argument is that the express detail sheet has reminded the customer of the insured value of the valuables in a significant way, and indicates that the signing of the express delivery form means that it recognizes that the consignee has fulfilled the obligation of presentment, examines the contents in person, and that the customer has carefully read and agreed to the terms of the contract on the back.

However, the court did not agree that China Express had done its duty of informing. According to the judgment, the plaintiff Tao did not sign on the relevant column, and the defendant Zhongtong express should undertake the obligation to ensure that the goods arrive at the agreed place in good condition, in time and accurately after taking over the goods delivered by the plaintiff and concluding the transportation contract. If the goods are lost due to the failure to properly keep the goods after receiving and sending them, they should bear the civil liability for compensation and refund the freight.

As a matter of fact, whether the express companies fulfill the duty of informing the insured price often becomes the focus of disputes. This is related to a judgment document published in February this year by China judicial document network.

According to the judgment document, the plaintiff, Wang Mou, appealed to Beijing Chaoyang people's Court about the dispute over the contract of goods transportation between him and Beijing Shunfeng express, and there was a dispute over whether the "Insured" option appeared when the shipper used the small procedure to place an order. Based on the legal provisions that "the parties shall provide evidence to prove the facts on which their own claims are based or refute the other party's claims", the court analyzed the evidence of both parties in the original trial, and concluded that Beijing Shunfeng Express Co., Ltd. had demonstrated the insurance rules to the shipper, which was in line with the law's allocation of burden of proof and evidence Certification requirements.

How to compensate for the insured valuables?

The 21st century economic report reporter analyzes the judgment cases published by China judicial document network in recent years, and finds that under the premise that the express company informs the insured price but the consumer does not protect the price, the court judgment usually does not support the consumer's appeal; when the express company fails to fulfill the obligation of informing and the consumer fails to protect the price, the court judgment tends to the consumer's appeal.

However, the insurance price is not equal to the insurance. More disputes announced by China judicial document network lie in that under the condition of insured price, express companies will not make full compensation.

Recently, Lin Hui, from Pudong New Area of Shanghai, complained to the 21st century economic report that four cases of red wine delivered by Debang express on February 1 this year were damaged. "Two bottles are missing and two bottles are broken in four cases." Lin Hui said that when communicating with deppon express for claims, the other Party requested proof and did not actively compensate for the insured price.

The reporter of 21st century economic report learned that each express company has made an agreement on the insured compensation.

Shunfeng Express's customer service told the 21st century economic report that every ticket of its express will be delivered safely as far as possible. However, there are inevitable risks in the process of transportation. If the express is more expensive, in case of emergency, it is recommended to choose the price insured service to protect the interests to a greater extent.

According to the calculation rules of SF express, taking time limited and preferential products as an example, when the price of goods is between 1-500 yuan (inclusive), the insurance cost is 1 yuan; when the price of goods is 500 yuan (excluding) - 1000 yuan (inclusive), the premium price is 2 yuan; when the price of goods is more than 1000 yuan (excluding), the insured cost = the price of goods × 5 ‰.

Zhongtong Express has similar pricing rules.

When the price of goods is between 1-1000 yuan (inclusive) and 1000-2000 yuan (inclusive), the insurance cost is 1 yuan and 2 yuan respectively; when the price of goods is 2000-10000 yuan (inclusive) and 10000-30000 yuan (inclusive), the insurance cost is the product price multiplied by 3 ‰ and 5 ‰ respectively. It is worth mentioning that the insurance price of Zhongtong Express has agreed on the upper limit of goods price, that is, 30000 yuan.

"For valuables that have not been insured, if there is damage in the process of delivery, the outlets and customers will jointly negotiate the amount of compensation, but this will encounter various situations in the specific implementation." Zhongtong express told reporters of the 21st century economic report that consumers should be insured when delivering valuables.

However, some consumers reflect that even if the insured goods are damaged, it is not smooth to claim for compensation from the express company.

"Last September, I bought a refrigerator online, worth nearly 10000 yuan. Through deppon express, the insured price is sent back home, but it is damaged. " In last year's price insured transportation dispute with deppon express, Sun Jie was still vividly aware of the negotiation scene. "The refrigerator was broken in several places, but the other party proposed to only compensate for the maintenance costs. After several rounds of communication, they agreed to compensate according to the invoice price."

Sun Jie expressed doubts to 21st century economic reporter, "when express delivery is damaged, express companies usually need our consumers to prove the value of goods. When the value of the goods is proved, the compensation is reduced according to the so-called actual damage ratio. "

The reporter of 21st century economic report found that there are not a few cases of consumers who have not paid full compensation for express delivery when the price is insured.

"Generally speaking, in reality, there are still many contradictions between consumers and express companies about the insured price." Yang Daqing's analysis of the 21st century economic reporter: first, consumers generally lack of insurance awareness and do not buy insurance for valuables; second, there are still nonstandard services or performance difficulties in the express delivery market, resulting in goods damage and loss in the process; third, there are many difficulties in the value determination of Express items, resulting in compensation disputes.

Yang Daqing believes that, fundamentally speaking, the solution to the problem of express price insurance is that, on the one hand, it needs intensive and standardized development of express delivery industry, strengthen supporting insurance services, and try to think of consumers as much as possible; on the other hand, it also needs consumers to improve their risk awareness and protect the goods with high value.

"At present, domestic express companies are in accordance with the" express market management measures "implemented in 2013 to compensate for uninsured express delivery, but this provision has the suspicion of reducing the responsibility of express enterprises and eliminating the rights of consumers." A legal person who did not want to be named told the 21st century economic report that the relevant departments should improve the relevant laws as soon as possible, and explore the establishment of a set of standard regulations that take into account the protection of consumers' rights and interests and the healthy development of express logistics industry.

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