Jiangsu is expected to realize the equivalent compensation for lost parts. How to compensate for the damage of overseas express delivery？
Nanjing, August 31 ST (Nanjing Taiwan reporter Meng Hao) According to the Voice of China "Global Chinese Broadcasting Network", what should I do if I send a courier and lose it? If you don’t choose the expensive "guaranteed price" service when sending the mail, the general courier company will only pay compensation according to the freight price, and consumers can only admit that they are unlucky. Yesterday (30th), Nanjing Consumers Association of Jiangsu Province announced the results of collecting consumers’ opinions on the "Provisional Regulations on Express Delivery (Draft for Comment)" recently. In the future, the equivalent compensation for the loss of express delivery is expected to be realized.
As can be seen from the statistical table of consumer concerns, 29 of the 292 opinions are about compensation for delay, loss and damage of express mail, accounting for 10%, which has become the first hot issue. From the service agreements of many express delivery companies at present, it can be seen that if the uninsured products are lost, damaged or short, the maximum compensation amount will not exceed three times the postage paid, and many consumers will suffer losses.
Zhang Haoshu, director of the Complaints Department of Jiangsu Consumers Association, gave an example: someone sent a notebook from Nanjing to Yancheng, Jiangsu, and the recipient opened the parcel and found that the screen of the notebook had been damaged. However, according to the terms of the express delivery industry, the compensation is three times the postage. In fact, in the end, the highest compensation received by this person is less than that of 100 yuan, which is very different from his actual loss.
Article 25 of the "Provisional Regulations on Express Delivery (Draft for Comment)" clearly stipulates that the express delivery enterprise shall determine the liability for compensation in accordance with the relevant provisions of civil law for express mail without insured price.
Zhang Haoshu said, "To put it bluntly, this is to compensate through actual losses. If it is really valuable, then we still recommend consumers to insure the price. But even if you don’t insure the price, the compensation will not be as’ overlord’ as the current policies of these courier companies. "
In fact, at present, domestic express delivery companies do not provide "insured transportation" services. If the delivered goods are damaged or lost, they can realize compensation according to the price. However, the general cost of insured service is not low, and few people will take the initiative to choose this service. Today, let’s take a look at foreign countries. How to compensate for the damage of express delivery? Can consumers be compensated according to actual losses?
Australia: Compensation depends on whether the sender chooses the insured service.
In Australia, the receipt system of express delivery companies is strict, but "lost pieces" still occur from time to time during transportation. At this time, the compensation of the courier company depends on whether the sender chooses the insured service.
According to Hu Fang, an Australian observer of Global Chinese Broadcasting Network, it is relatively rare for Australian express delivery to be impersonated. Generally, when receiving express delivery, the person at the address needs to sign for it. Usually, the neighbors next door cannot collect it, and there will be no such thing as the collection of people in the community reception room or property management company. If no one answers the door at the recipient’s home address, usually the mailer will leave a parcel slip, and the recipient can go to the post office to collect the parcel with the parcel slip and valid documents, and the person who collects it on his behalf also needs to hold valid documents for verification and personal information recording. Under such a strict system, it is very rare to be impersonated. However, due to the large number of parcels in Australia, the situation of losing them has occurred from time to time. Usually, if the courier is lost, the seller will send another copy to the consumer after verification. As for whether the seller will make a claim with the courier company, it depends on whether he has insured the price. If the seller only makes general express delivery, then the courier company will only pay for the mailing.
Germany: Responsibility confirmation is required before claims are made.
Strict Germans are famous for their seriousness and responsibility, and the express delivery industry is no exception. But the loss of the courier is not afraid of 10 thousand, just in case. In the event of "lost parts", who is the responsible party and who will provide compensation, what will the German express company do?
In this regard, Xue Chengjun, a German observer of Global Chinese Broadcasting Network, said that in Germany, if a parcel is damaged or lost in the process of mailing, the responsibility must be confirmed first before making a claim, and any one of the sender, courier company and recipient may become the responsible party and the payer of compensation. According to the relevant regulations, the courier should hand over the parcel to the recipient, or give it to a neighbor who is willing to receive it on his behalf. It is not allowed to leave the parcel at the recipient’s door and other places. Of course, for the convenience of receiving, for example, for people who work all day, the package can also be placed in front of the door or other open places according to the wishes of the recipient, but there must be a written statement of responsibility.
The usual responsibility confirmation is: if the sender is a merchant, the sender will be responsible for compensation for the damage or loss of the mail; If the sender is a private person, the risk of mail loss is borne by the recipient, but the sender must provide relevant proof of the parcel, such as the receipt of the courier company. For example, if someone buys a dress online from a merchant and doesn’t receive it, the merchant will be responsible for the compensation. Of course, the German consumer protection law has ensured that consumers can return goods within two weeks without any reason. If someone finds a pair of liberation shoes from a private person and loses them, the recipient will be responsible for it himself, and the seller, that is, the sender, does not need to refund or compensate.
Japan: The transportation company makes compensation within the limit of liability recorded in the shipping documents.
Finally, let’s go back to Asia and have a look at Japan. The express delivery industry here is also very developed, with an average of dozens of express deliveries per person every year, and the service attitude of couriers is often commendable. Then, in the event of "lost pieces", how do Japanese express delivery companies deal with compensation?
According to Huang Xueqing, a Japanese observer of Global Chinese Broadcasting Network, the compensation standard for express delivery formulated by Japan’s Ministry of Land, Infrastructure, Transport and Tourism stipulates that when the express goods are damaged, the transportation company needs to make compensation within the limit of liability recorded in the shipping documents. For example, the compensation for express delivery by mail is 300,000 yen, which is equivalent to about 19,000 yuan, which does not require insured price and additional payment. 300,000 yen is basically equivalent to the monthly salary of a 30-year-old ordinary employee, so the amount of compensation is still relatively high. If 25 yuan RMB is paid in addition, the compensation amount can be increased to 500,000 yen. Because the express delivery service in Japan is very safe and thoughtful, for example, items that are easily damaged will be labeled as vulnerable, and will be handled with care during transportation, so there are few cases of loss and damage. Unless it is a fairly expensive item, few customers pay another premium. Many courier companies have adopted the same compensation standard as the post office.
The relevant regulations also point out that if the customer delivers expensive goods such as currency and securities to the transportation company, the transportation company will not be liable for compensation if the customer does not clearly inform the transportation company of the type and amount of the goods, but these regulations are not applicable in the case of intentional or gross negligence of the transportation company. If there is any illegal act, such as infringement, intentional negligent damage, etc., between the client who actually has a contractual relationship and the transportation company, the customer may sue the transportation company for illegal act and demand compensation.