How to claim compensation from EMS if the delivery item is damaged due to EMS s negligence

This problem is more complicated, you do not have the price, according to the regulations of the post office is only to compensate for the postage 2 times, originally people identify the value of orchids are measured by personal feelings, there is no specific standard for reference, plus you are not directly the seller sent to you the original mail returned, it is even more impossible to prove the value of the flower. If the flower is really dead and the seller does not sign for it, the email will be returned to you. It seems that you can only try it out with the following methods to see if it can turn a little around:

1. Contact the seller as soon as possible, when the person at the post office sends the mail, on the grounds that the mailing time is too long, ask the postman to open it in person, and make a record signed by the seller and the postman on the record, especially to write the mail number, the date and time of the delivery person. If the courier does not agree, ask the seller not to sign for the delivery and file a complaint with the local 11185. 2. If the flower is fine after opening, everything will be fine, if it is dead, the seller refuses to accept it, directly asks for a return, and sends the record to you.

3. You prepare the transaction records, the opening records sent by the seller, the inquiry and the reply and other relevant information. 4. After receiving the returned mail, make a record of opening and ask the courier to sign. 5. Complain to your local 11185 first, and propose to compensate at least according to the value of the flower and refund the mailing fee, pay attention to the attitude to be very tough and resolutely do not accept twice the payment fee, to see if they are willing to negotiate with you, if they are willing to negotiate with the post office.

6. If you do not agree to the negotiation, you will write a complaint letter on the grounds that the post office express delivery time seriously exceeds the promised time limit, and deceive users with false delivery information, and use the prepared information as evidence, and send it to your province and Guizhou Provincial Postal Company by **mail, and you need to put forward your claim in the letter, and to explain: If it is not handled properly in a timely manner, you will complain to the postal group company, and find justice through other methods such as news**, the Internet, and justice. I would like to remind you that this time may be a bit long, and you must be mentally prepared for a long-term war of resistance.

This is the responsibility of the post office and can be compensated according to the price.

Uninsured. Compensation at twice the postage is stipulated by the postal law, but you can appeal, or you can go directly to the postal leadership, you can.

First, animals and plants cannot be mailed, the responsibility lies with the sender, and second, can you explain the problem in more detail, who sent it, and how to send it.

Legal analysis: 1. If the insured mail is lost or completely damaged, compensation shall be made according to the insured amount; If part of the damage or deficiency is short, compensation shall be made in proportion to the declared value.

2. If the mail is lost, damaged or short, it shall be compensated according to the actual value of the loss, and the maximum compensation amount shall not exceed three times of the postage paid.

3. If the mail is delayed (based on the time limit of the whole process announced to the public), the postage will be exempted (excluding additional fees such as packing boxes, single type, insurance fees, etc.).

4. The compensation for multiple pieces of mail shall be executed according to the agreement signed with the customer.

Legal basis: "Postal Law of the People's Republic of China" Article 47 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 amount of 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. Postal enterprises shall indicate the provisions of the preceding paragraph in the notices of their business premises and on the mailing documents provided to users, in a manner sufficient to attract the attention of users. Postal enterprises due to intentional or gross negligence caused by the loss of mail, or failure to perform the obligations provided for in the preceding paragraph, has no right to invoke the provisions of the first paragraph of this article to limit liability.

I have been involved in several cases of logistics and transportation contract disputes over the loss of customer goods, including Amway Logistics Company, Changtong Logistics Company, Yuxin Logistics Company, including postal logistics company, etc., although the transportation bill printed by the logistics company has lost the goods, and the content of compensation for breach of contract liability for freight x times has finally been lost by the logistics company and the customer property loss is fully compensated;

According to the relevant provisions of the Contract Law, the content of the logistics company on the loss of goods and compensation for x times of freight is a standard clause and is an invalid overlord clause;

The key problem is that when the customer fills in the transport note, even if it is not insured, it is necessary to clearly write the name, quantity, unit price, total price and other contents of the consignment.

See: Article 39 of the Contract Law Where standard clauses are used to conclude a contract, the party providing the standard clauses shall determine the rights and obligations between the parties in accordance with the principle of fairness, draw the attention of the other party to the clauses exempting or limiting its liability in a reasonable manner, and explain the clauses in accordance with the requirements of the other party.

A standard clause is a clause that is pre-drafted by the parties for reuse and not negotiated with the other party at the time of entering into a contract.

Article 40: Where standard clauses have the circumstances provided for in Articles 52 and 53 of this Law, or where the party providing the standard clauses exempts itself from liability, increases the liability of the other party, or excludes the main rights of the other party, the clause is invalid.

Article 41: Where there is a dispute over the interpretation of standard clauses, it shall be interpreted in accordance with the common understanding. Where there are two or more interpretations of the standard clauses, an interpretation unfavorable to the party providing the standard clauses shall be made. Where standard terms and non-standard terms are inconsistent, non-standard terms shall be used.

Article 52 The contract shall be invalid under any of the following circumstances:

1) One party concludes a contract by means of fraud or coercion, harming the interests of the state;

2) Malicious collusion, harming the interests of the state, the collective, or a third party;

3) Concealing illegal purposes in a lawful form;

4) Harming the public interest;

5) Violating mandatory provisions of laws and administrative regulations.

Article 53 The following exemption clauses in the contract are invalid:

1) Causing personal injury to the other party;

2) Intentionally or grossly negligently causing damage to the other party's property.

If you don't have an insured price, you can pay up to 300, and EMS is generally safer than YTO and the like. Was it lost in transit? Or was it signed for earlier? It is recommended to use surface mail, and you need an ID card when you sign for receipt! Hope it helps!

According to the postal company's policy, EMS lost items are compensated at 3 times the postage cost.

Generally, there is no compensation, and the compensation is very small, so don't send EMS for valuables, or buy insurance before sending.

Lose up to three times your shipping costs!

You're out of luck.

1. If the value of the mail has been declared, when it is lost or damaged, it will be compensated according to the value of Shenshan Calling Friends, and the internal parts of the lost and damaged items will be compensated according to the actual loss, but the maximum compensation amount shall not exceed each piece: 500 + 60 * w (yuan) (w is the weight of the mail expressed in kilograms as an integer, and the zero number after the decimal point is 1 kg.) )

3. In the event of loss or damage to the items that are not declared on the list of details at the time of mailing, a compensation of 400 yuan can be obtained for each item. 4. Letters and materials are lost or damaged at RMB 400 per piece.

What should I do if the postal EMS courier company returns the express mail without the consent of the recipient? Thank you.

Dear, for your inquiry: postal EMS express company without the consent of the recipient, the express mail returned, the loss of the resulting method of express damage after the agreement between the two parties to determine the liability for compensation, no agreement in accordance with the law. Specifically, if the damage or the contents are short, the liability for compensation shall be determined in accordance with the insurance rules agreed between the enterprise engaged in express delivery business and the sender for the insured express mail; For uninsured shipments, the liability for compensation shall be determined in accordance with the relevant provisions of the civil law.

According to the law, the object of compensation for the express mail shall be the sender or the sender's designated beneficiary. Compensation standard: The compensation for the delay shall be exempted from the service fee of Fengzai, and the direct value of the internal parts shall be compensated according to the loss or damage of the express mail due to the loss or damage caused by the delay.

Now the development of the express industry is getting faster and faster, because of the fast and convenient delivery of things, each of us will have the experience of receiving and receiving express delivery. The full name of EMS Express is China Post Express Logistics, which is the largest logistics company in China. So, what should I do if I lose something at EMS?

How can I compensate for it? What is the difference between the lost compensation process of EMS and ordinary express delivery? Let's take a look.

How to compensate for lost EMS

1. How to compensate for domestic express mail

1. The maximum compensation amount of insured mail shall not exceed the insured amount declared by the mail.

2. The loss or total damage of the insured mail shall be compensated according to the insured amount; Partial damage or deficiency shall be compensated according to the value of the actual loss, but the amount of compensation shall not exceed the insured amount.

3. If the value of the insured mail is higher than the maximum insured limit stipulated in the stamp, and there is partial damage or shortage, and the value of the damage or shortage is not less than the insured amount, compensation shall also be made according to the actual insured amount.

4. In the event of loss, damage or shortage of uninsured mail, compensation shall be made according to the actual loss, but the maximum compensation amount shall not exceed twice the postage paid.

5. After compensation is made due to the loss or total damage of the mail, the fees collected shall be refunded (the insurance fee is not refundable).

6. When the sender declares due to non-customer responsibility that the EMS mail exceeds the time limit (based on the time limit of the whole process announced to the public), the sender shall be compensated according to the postage charged.

2. What does mail insurance mean?

This service is voluntary. When the sender chooses this service, he should ensure that the insured amount is consistent with the actual value of each mail content, and the maximum insured amount of each mail is RMB 100,000, and the insurance fee is charged at 1% of the declared insured amount, and the minimum amount charged is RMB per piece. Mail that fails to pay the insured fee in accordance with the regulations does not belong to the insured mail.

If the insured mail is lost, damaged or short, it will be compensated according to the actual value of the loss, but the maximum shall not exceed the insured amount of the relevant mail; If the uninsured mail is lost, damaged or shortage, the compensation shall be based on the actual loss, and the maximum shall not exceed twice the postage paid; If there is a delay in the mail, compensation will be made according to the standard of empty hands stipulated by the postal department; The postal service shall not be liable for other losses or consequential losses.

3. China Postal Express Logistics shall not be liable for compensation in the following circumstances

1. Caused by force majeure (except for insured mail).

2. If the items sent violate the prohibition or restriction provisions, they shall be confiscated by the competent authority or disposed of in accordance with relevant laws and regulations.

3. When the mail is delivered, the packaging is intact and there are no traces of dismantling, and the weight is not reduced and the internal parts are short or damaged.

4. The recipient has signed for the receipt in accordance with the prescribed procedures.

5. The loss or delay of the mail is caused by the customer's responsibility or the reasons of the items sent.

6. The customer has not made an inquiry and has not made a claim for compensation from the date of delivery of the mail to the expiration of the inquiry period.

7. International mail is detained, confiscated or destroyed by the country of origin in accordance with its domestic laws.