Value 980 thousand yuan commodity, bought express goods to be worth 20 thousand yuan support value service, after getting kinds or types of goods, discover commodity damages, maintenance needs a flower 10 thousand multivariate, express company shows can compensate 250 yuan.
Reporter seek by inquiry discovers, acquiescent consumer agrees with customer service of company of its clause, express to cannot say specific compensation clear standard, reject to contract to do a job the problem such as costly commodity is express industry almost the phenomenon that exists generally.
Phenomenon: Express loss is not not a many home company not to contract to do a job to be tasted at high price by insurance cost compensate
The bell gentleman of Beijing mailed through arranging abundant 980 thousand yuan medical treatment equipment reachs a value Nanning. He chose 20 thousand yuan support value designedly, support value expends 100 yuan. Of sign after receiving sth when discovery packs damaged, crust is out of shape, if repair, need 10 thousand multivariate. Bell gentleman thinks the forehead spends 20 thousand yuan support value to be able to pay upkeep costs completely originally, after bell gentleman offerred the bill of the bill of equipment and maintenance, suitable abundant respect expresses, can compensate, but can compensate 250 yuan.
The experience of bell gentleman is not a case, the ginger lady of Nanjing city passes suitable abundant express before this value 622 thousand yuan goods mails from Inner Mongolia Nanjing, chose 20100 yuan support value, the result produced unexpected damage, maintaining the price is 12 thousand yuan, and the reply of suitable abundant is to compensate for 389 yuan.
Of Jiangsu Nantong apply the computer lead plane that the gentleman sends a client 4000 yuan through arranging abundant support value to be damaged in express road, the compensation that uses gentleman position did not get 2200 yuan supportive however, suitable abundant can compensate 800 multivariate.
The reporter notices, rate of express company support value is commonly according to express support value forehead or statement value one thousandth to 3 collection. Be like support value 20 thousand yuan express, express company collects fees 20 yuan go to 60 yuan. But also have price of executive a flight of stairs, support value forehead or statement value are higher, proportion of cost of collection support value is larger. If bell gentleman is express 20 thousand yuan support value forehead, collection cost of 100 yuan of support value.
Subsequently, the reporter referred telephone call of suitable abundant customer service with consumer identity. But delegate of its customer service and when ganger the canal is opposite its " support value is compensated for " all did not make clear explanation. Its are in charge of when the class is to say support value compensates for be related to be in charge of explaining by special personage more, they are not clear.
In addition, still many users express him is " be agreed with " indemnity clause. Boreal blueness signed up for a reporter to interview more than 50 to use express often to mail randomly the citizen of article, include to clean out treasure merchant partly among them. They all express to know " support value " service, the person be visited that exceeds 50% among them expresses to had used this one service. But to indemnity clause, they never have understanding to pass however, "Be complete compensate? " the person that majority is visited expresses shock after had heard afore-mentioned case.
In the meantime, the reporter seeks advice from discovery of customer service of company of much home express delivery, final to express support value operation and explanation all are in terminal site place, specific need user and site talk things over. And in be being dialed when the reporter, connect, explain, charm is amounted to when waiting for phone of partial express site, should be informed by express article it is computer, precious metal headgear or it is artwork hind, express personnel states this kind of commodity cannot close send. "If you must be sent, we cannot bear the loss of the attaint in the process. " in an express delivery that know member express.
Boreal blueness signs up for a reporter to be in flank to understand from the controller of partial express site, although expensive price commodity is of support value, the forehead that can compensate for after occurrence problem is spent finite also, unwarrantable certain complete compensate. To the value of single bill express, much home company also has a regulation. Boreal blueness signs up for a reporter to inquire the clause of company of much home express delivery discovers, EMS standard express is odd article value does not exceed 50 thousand yuan, express pack is single value does not exceed 20 thousand yuan; Ripely, in the sheet that connect express value does not exceed 30 thousand yuan; Explain real value upper limit is the support value express delivery that know 20 thousand yuan.
Investigation: In the clause " scale " two words make support value compensates for the forehead to spend considerably shrink
Although spent additional cost to have support value, but once need to compensate for, the forehead that does not press support value however is spent come. this and not support value is express and missing like can compensating for times freight of N only, be express industry go regular?
Boreal blueness signs up for reporter discovery, be not all express company is such. Boreal blueness signed up for a reporter to inquire suitable abundant, ripely, in, explain, charm is amounted to and of the express company such as EMS " express serves an agreement " , to the compensatory means with express support value, each all have specific provision. As a whole, what most company carries out is " be like express and missing, attaint, lack, according to real value compensation, highest do not exceed express support value amount " . A few firm will be additional on this foundation return support value fee.
State according to the clause of afore-mentioned express companies, support value is express of occurrence attaint, undertake compensatory by actual loss. For instance, support value 10 thousand yuan computer, carry to Shi Bing act damages, maintenance needs 2000 yuan, the express company that has afore-mentioned articles so pays 2000 yuan compensate. This accords with ordinary people to be opposite quite " support value " understanding.
So why to arrange abundant to do not have such doing however? Boreal blueness signs up for a reporter to inquire discovery, in the clause of suitable abundant, involve support value of express compensation state for: "Abundant is arranged to will be compensated for to you according to support value amount and actual losing scale when damaged, lack, hold in the palm send content to destroy miss the opportunity is highest the statement value that does not exceed you to hold the support value when sending in the palm.
To the clause in many " scale " it is what concept, boreal blueness signed up for a reporter to seek advice from its customer service with the client's identity. The customer service of fast carry expresses Dan Shunfeng to contact the staff member that has special responsible compensation and reporter. Up to when distributing news dispatches, boreal blueness signs up for a reporter and did not receive the incoming message of personage of suitable abundant respect.
And before this, suitable abundant fast give commissioner to ever replied media says, "Support value " compensate pays have " full specified amount " and " deficit " two kinds of regulation. "Be in for instance ' full specified amount ' send the case that defend, if article value 100 thousand yuan, you protected 100 thousand yuan, later period damages upkeep costs is 10 thousand yuan, we here below normal circumstance 10 thousand yuan can sum compensate pays you. If this article value 100 thousand yuan, you protected 10 thousand yuan, this kind is belonged to ' cast without full specified amount protect ' , later period upkeep costs also is 10 thousand yuan, that can produce a compensate to pay proportion, this scale is the amount that ensures by you is divided with article real value, take the actual loss with you again " .
The computation according to suitable abundant is formulary, = of compensatory specified amount (support value forehead / real value) × upkeep costs. It is in order to use the gentleman's computer exemple, 10 thousand yuan computer, support value 4000 yuan, upkeep 2200 yuan. Apply a gentleman to be able to obtain 2200 × 0.4, namely more than yuan 800 compensation. And bell gentleman 980 thousand yuan medical apparatus and instruments, support value 20 thousand yuan, namely coefficient of proportionality is 2% . 10 thousand multivariate upkeep costs is multiplied with this coefficient of proportionality, the forehead that reachs finally is spent even if 200 multivariate.
Analysis: In proportion does compensate pay lawful? Occurrence dispute " law of post " be not exclusive judge standard
Although the clause of express company is such, but whether reasonable, is such compensation lawful? Boreal blueness signed up for a reporter to inquire many law, code and active standard, discovery is aimed at " express support value " those who have specific provision is main have " law of post " , " express is provisional byelaw " and " express serves " national level.
Among them, our country " law of post " the 47th regulation, following to giving the loss that occupies mail according to regulation reimburses postal company: Of support value give what be lost according to mail or mar entirely, according to compensation of support value forehead; The part is marred or inside of lack, according to support value forehead and mail the scale of total value gives to the actual loss of mail compensation.
To this, old sound river expresses deputy secretary-general of seminar of law of protection of rights and interests of consumer of Chinese law society, the part is marred by lose value ratio exemple to compensate for, come to saying is fairness from legal principle, but in reality often limit marred proportion very hard. Although some article are partial attaint, but to consumer, won't use probably, although express company pays according to scale compensate, the rights and interests of consumer still cannot get safeguard. Still had better be so beforehand both sides has definite agreement, gave a problem to be fulfilled according to the agreement.
And sea of Liu Jun of professor of courtyard of law of Chinese people university expresses, " law of post " 47 relevant " support value " content clause is put inside compensation of loss of the 5th chapter, and " express business " be in the 6th chapter, so ought not to the 5th chapter the graft one twig on another of support value regulation about postal company is outspread come in the express business of the 6th chapter.
The reporter inquires net of juridical copy clerk discovers, of Qinghai Xining amount to Sang Zhou to pass Xining explain know express delivery 1 kilogram aweto, value 300 thousand, and support value 5000 yuan, wrap up is missing as a result, amount to mulberry Zhou Xiangxi Ning Shen is connected recover 300 thousand payment for goods. The case passed cognizance 3 times, final judgment adjudicates, xining explain pay by market price compensate amount to Sang Zhou 240 thousand. The adjudicative basis of this case is " law of post " and " contract law " , it is it is thus clear that when occurrence dispute, " law of post " be not exclusive judge standard.
News memory expert: Acquiesce is ticked off choose the right of know the inside story that violated consumer and option
Boreal blueness signs up for reporter discovery, close most probably the person that be visited expresses, do not know to read the article of express company from what channel. "Now is net fluctuation sheet, handwritten before sheet has seen express article however, did not know to look where now. " a merchant that runs store of the net that clean out treasure expresses, use electron is at present odd, imprinting above clause.
Didn't express company publish an article really? Boreal blueness signs up for a reporter to log onto company of much home express delivery with mobile phone small letter " send " business page, discovery " express serves a provision " fill in in the address of this page below catalog, the style that still used other color partly will express " marked " .
That why didn't so much person notice? Boreal blueness signs up for a reporter to also notice, with other network service compulsory reading circumstance differs, acquiesce is ticked off this one clause to choose. Even if boreal blueness signs up for a reporter to did not undertake entry registered, this clause also has been ticked off to choose. And only those who nod acquiesce is tick off anthology, ability is clicked read " express serves a provision " .
To this, rights and interests of consumer of Chinese law society protects river of Chen Yin of law seminar deputy secretary-general to think, do not have other law laws and regulations to make specific provision to compensation of express support value currently, each express company established his compensatory standard, the way that makes format provision with home remedy is printed go up in express sheet. But the clausal content that express business lifts in express odd the above-listed, reduced the liability of oneself apparently, eliminated the right of consumer, belong to article of typical Xiang Yu the Conqueror, its content does not provide legal effectiveness. In addition, acquiescent Gou Xuanken is unreasonable surely, encroached the authority of know the inside story of consumer and option.
