Regarding the courier claim, I would like to ask you urgently

Let's sue and settle it.

Mail, courier, logistics, transportation class reply.

Recently, many netizens have complained about express delivery companies, logistics and transportation, postal mail and other transportation cases, and most of the problems reflected are that the carrier company loses or damages the mail of the entrusting party, causing economic losses to the entrusting party.

According to the carrier's common standard contract, even if the mail is lost, it will be compensated at most 3 times the freight, which is very unreasonable. China's 315 Rights Protection Network now answers netizens' questions on this issue.

According to Article 39 of the Contract Law, "standard clauses are clauses that are pre-drafted by the parties for repeated use and not negotiated with the other party at the time of conclusion of the contract", the express company waybill is a standard contract, and it is unreasonable to compensate consumers only three times the freight rate. Moreover, according to Article 311 of the Contract Law, the carrier shall be liable for damages for damage or loss of goods during transportation, except in cases where there are specific exemptions such as force majeure.

and Article 24 of the Consumer Law, which prohibits business operators from making unfair or unreasonable provisions to consumers in the form of standard contracts, notices, statements, store notices, etc.; or reduce or exempt them from civil liability for harming the lawful rights and interests of consumers.

If a standard contract, notice, statement, store notice, etc. contains the contents listed in the preceding paragraph, the contents shall be invalid.

Article 34: Where disputes over consumer rights and interests arise between consumers and proprietors, they may be resolved through the following channels:

1) Negotiate a settlement with the operator;

(ii) request mediation from a consumer association;

3) Lodge a complaint with the relevant administrative department;

4) Submit to an arbitration institution for arbitration in accordance with the arbitration agreement reached with the operator;

5) Initiating litigation in the people's courts.

<>1. First go to the place where the express is sent and ask for the bottom order. Hit Shentong.

If you inquire about the dust sensitive order number, you can find it through your mobile phone number, and see the above compensation standard according to the order number.

2. When the express mail is lost, damaged or short, and the express mail is not insured, the letter category shall be compensated according to 2 times of the cost of the service (excluding other surcharges), and the parcel category shall be compensated according to the actual loss value, but the maximum shall not exceed 5 times of the service fee (excluding other additional costs). For other losses or indirect losses, Zhongtong.

No liability for damages.

3. For the insured express, the insured fee will be charged at 2% of the insured amount, and when the express is lost, the compensation will be made according to the insured amount, and the maximum insured price is RMB 10,000 per ticket.

4. In the event of loss, damage or shortage, the service fee will be exempted (excluding additional fees such as insurance price).

5. Natural disasters.

Force majeure such as air crashes, wars, traffic accidents, ** behaviors, etc.

Zhongtong Company shall not be responsible for the delay and damage caused.

The express claim amount shall be paid according to the agreement between the two parties. If there is no agreement between the two parties on the compensation matters, the compensation shall be made according to the insured amount for the purchase of the insured shipment. For express shipments that have not purchased insurance, compensation shall be made according to the actual loss, but the maximum compensation shall not exceed three times the tariff charged.

Legal basis: Article 47 of the Postal Law of the People's Republic of China;

Postal enterprises shall compensate for the loss of mail in accordance with the following provisions:

1) If the insured receipt mail is lost or completely damaged, compensation shall be made according to the insured amount; If part of the damage or the contents are short, the actual loss of the mail shall be compensated according to the proportion of the insured amount to the full value of the mail;

2) If the uninsured mail is lost, damaged or the contents are short, compensation shall be made according to the actual loss, but the maximum compensation shall not exceed three times of the fee charged; **If the letter is lost or damaged, compensation shall be made at three times the fee charged.

(1) In the process of express delivery services, if the express mail (mail) is delayed, lost, damaged and the internal parts are inconsistent, the enterprise operating the express delivery business shall compensate according to law in accordance with the agreement with the user.

2) If there is no agreement between the enterprise and the user on the compensation matters, the compensation shall be made according to the insured amount for the express mail (mail) purchased with the insured price. For express mail (mail) that has not been purchased, compensation shall be made in accordance with the Postal Law of the People's Republic of China, the Civil Code of the People's Republic of China and other relevant laws.

For uninsured shipments, the provisions of the Postal Law and the Civil Code are different.

The Postal Law stipulates that uninsured shipments shall be compensated according to the actual loss, but the maximum shall not exceed 3 times the postage charged. According to the provisions of the Civil Code, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation shall be equivalent to the losses caused by the breach of contract. In practice, if a consumer has a compensation dispute with a courier company, the courier company is more inclined to invoke the provisions of the Postal Law.

Dear, for you to inquire: the method and steps of express claim application: 1. The sender of the claim application can submit a claim to the express service organization according to the claim factors beyond the service time limit promised by the express service organization and within the time limit for accepting the claim by the express mail.

The express service organization shall provide a claim declaration form to the sender, and the sender shall fill it out and submit it to the express service organization. 2. The express service organization shall reply to the sender within 24 hours of receiving the sender's claim declaration and inform the sender of the time limit for claim processing. 3. Time limit for claim processingThe time limit for claim processing refers to the time interval from the time when the express service organization replies to the sender on the claim application and the time interval from the time when the express service organization proposes a compensation plan.

Unless there is a special agreement between the express service organization and the sender, the time limit for handling claims shall not exceed the following: a) 30 calendar days for intra-city and domestic non-local shipments; b) 30 calendar days for Hong Kong, Macao and Taiwan shipments; c) 60 calendar days for international shipments. 4. After the compensation payment courier service organization and the sender reach an agreement on the amount of compensation, the compensation shall be paid to the sender or the beneficiary designated by the sender within 7 calendar days.

5. Settlement of claims and disputes: the sender and the express service organization on whether to compensate, the amount of compensation or the payment of compensation and other issues can be negotiated in advance, if the negotiation is inconsistent, you can choose complaints, appeals, arbitration, litigation and other methods according to law, such as arbitration, should be agreed upon the place of arbitration and arbitration institutions at the time of mailing.

Legal analysis: According to the law, if there is an agreement between the express service organization and the user on the compensation standard for the loss and damage of the express mail, the agreement shall be followed, and if there is no agreement, the following principles may be implemented.

1. The compensation for the loss of express mail shall mainly include:

1) The service fee shall be exempted (excluding additional fees such as insurance price);

2) For the purchase of insured express mail, the express service organization shall compensate according to the insured amount;

3) For the express mail that has not purchased the insured value, compensation shall be made in accordance with the relevant laws and regulations.

2. The compensation for the damage of the express mail shall mainly include:

1) Total damage, refers to the complete loss of the value of the express, with reference to the provisions of the express loss compensation;

2) Partial damage, refers to the partial loss of the value of the express, according to the proportion of the lost value of the express mail to the total value of the price book, according to the same proportion of the amount of compensation for the loss of the express.

3. The compensation for non-conformity of the internal parts shall mainly include:

1) If the name of the internal part does not match the name filled in by the sender, it shall be compensated according to the complete damage;

2) If the name of the internal parts is the same, but the quantity and weight do not match, the compensation shall be made according to the partial damage.

If the parties have agreed on the amount of compensation for the damage or loss of the goods, the agreement shall be followed according to the dust posture; If there is no agreement or the agreement is not clear, and it cannot be determined according to the provisions of the law, it shall be calculated according to the market ** of the place where the goods arrive at the time of delivery or should be delivered. Where laws and administrative regulations have other provisions on the method of calculating the amount of compensation and the limit of compensation, follow those provisions.

Legal basis: Article 833 of the Civil Code of the People's Republic of China If the parties have agreed on the amount of compensation for damage or loss of goods, such agreement shall be followed; If there is no agreement or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be calculated according to the market ** of the place where the goods arrive at the time of delivery or should be delivered. Where laws and administrative regulations have other provisions on the method of calculating the amount of compensation and the limit of compensation, follow those provisions.

According to my original experience in courier, the original copy of your bill should never be handed over to Huitong Company, which is the key evidence. The courier company should keep the original slip, if not, you can only provide a copy.

And if you express the price, this problem is easy to solve. If there is no insurance, according to the provisions of the Postal Express Law, the courier company can only compensate you 3 times the freight, of course, it depends on whether you send the goods, whether the freight compensation column on the express bill is checked, generally 3 times, 5 times, negotiate these three options. If you do not select this option, you can only compensate 3 times the shipping cost.

This is expressly provided for in the regular laws of the country.

When according to the previous processing experience, Chengdu company belongs to the distribution center of the entire Sichuan Province, the general subordinate company's cargo compensation, according to the process of the express company, can only be lost according to the transit, to compensate you, that is, the amount of compensation is less, and the subordinate companies are generally unwilling to offend the Chengdu company. Moreover, the head office generally only holds a neutral position on this kind of matter, and allows the Chengdu company and the Meishan company to negotiate and resolve it on their own.

Of course, things are man-made, you can negotiate with the person in charge of Huitong company, I suggest you don't wait, the mobile phone is lost, the responsibility is in the Chengdu company, but Meishan Huitong company, as your receiving company, has the responsibility to compensate you first, and then deal with the Chengdu company after the matter! You still call 12315, and then ask Meishan Huitong to issue an invoice, and the solution is much faster, and now the national 315 is very strict with this piece!

Finally, I would like to give you a piece of advice, it is recommended that you must be insured the price of valuables next time, the minimum is also 3 yuan, the proportion of compensation of 100, the country's postal regulations to deal with the insured items are very clear, so as not to suffer losses and troubles.

Your carrier is Meishan Company, and you should find Meishan to settle a claim. The bill can't be provided, they have a financial bill, and the bill is the basis for your claim, so keep it safe. If you really can't, you can provide them with a copy.

Just send it to him according to the ** Clear point There is a single number, you can not scan it, or make a copy to him If you can't keep a copy yourself, you must have the evidence.

Of course you can't give it, it seems that you have seen a situation similar to you many times on the Internet, give a copy and let him sweep it, if he doesn't agree, it's a big deal to spend two more small dollars to copy a color to them, and you can't take out the bottom sheet, such an irresponsible business, I don't know what else to do, you are a mobile phone, to say the least, it's worth a thousand yuan, but you can't just forget it.

How much can Shentong Express pay for losing something worth 60,000 yuan? We used to shop online, send mail, or send couriers to our families. There will also be situations such as lost items, and today I lost a thing worth 60,000 yuan, how much can the express pay for? ?