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The courier company's claims are not legitimate.
The express company cites Article 47 (1) of the Postal Law, that is, "the postal enterprise shall compensate for the loss of the mail in accordance with the following provisions: (1) If the insured mail is lost or completely damaged, it shall be compensated 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 or 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 the fee collected; ** If the letter is lost or damaged, compensation shall be made at three times the rate of the fee charged".
However, the "Postal Law" applies to China Post Group Corporation and its wholly-owned enterprises and holding enterprises that provide postal services, and the courier company mentioned in question does not belong to the above-mentioned "postal enterprises", and the express delivery business engaged in by it is not a universal postal service business, so the provisions of the Postal Law on the limitation of compensation cannot be applied, but should be adjusted by the Civil Law such as the Contract Law. According to Article 311 of the Contract Law, the carrier shall be liable for damages for damage or loss of goods during transportation.
Moreover, the insured clause on the express bill is a typical standard clause, and the party providing the standard clause should fulfill the obligation to prompt and explain the exemption and limitation clauses, otherwise you can apply to the court to revoke or determine that the clause is invalid. At the same time, if the property loss of the other party is caused intentionally or through gross negligence, the exemption clause shall be invalid. Therefore, the courier company failed to fulfill its contractual obligation to deliver the express mail in a timely and safe manner, and was grossly negligent, and it has no right to invoke the insurance clause to exempt itself from liability, so the courier company shall compensate you in full for your losses.
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There is really no way to do this, generally do not take the express delivery of valuables, as long as the valuables go to the express delivery, they will basically be lost! It's a lot! Basically, I will compensate for a little courier fee as you said!
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The courier has been stolen, how to compensate for the loss of the courier? How is the amount of compensation determined?
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How to compensate for courier? You need to call the customer service of Salted Fish, ask the courier company related to them to negotiate, and see the specific compensation.
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If the courier loses your documents, then you should contact the courier company and compensate you accordingly according to some of his contracts.
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You can ask the courier to compensate you for 238 or 168, but the courier only gives you compensation for the courier fee.
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You should pay 168 yuan, because your loss is caused by yourself, 168 yuan is the responsibility of the courier company, and the courier company should be responsible.
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If you have the corresponding insurance, you can pay the full compensation, and it is possible to compensate according to the degree of damage.
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The compensation of the courier company is an equal percentage of the goods, not the full compensation.
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If someone loses it for you, it must pay you 168, because you are 6168 and then sell out.
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How to compensate for express delivery Logically speaking, 268 yuan should be compensated, and the actual compensation is very low.
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The courier should be allowed to compensate at full price.
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The compensation amount of the express delivery is very low, and you have to pay insurance for the high compensation.
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Legal analysis: The compensation method of the express company is as follows:
1. If the express delivery is insured, it should be compensated according to the insured value;
2. If there is no insured price, the express company fails to fulfill the contract obligation of timely and safe delivery of the express mail, and there is gross negligence, and the loss shall be compensated in full.
The mailing of express delivery is equivalent to signing a courier service contract between the sender and the courier company, the courier company is in breach of contract, and the amount of compensation will be determined according to the actual value of the courier, and it can also be claimed to compensate for the expected loss, if it is a special item similar to personnel files, graduation certificates, photo albums and other items, for the courier company, it may be worthless, but it is indeed of great significance to all of its lead simplification, and it is difficult to evaluate and measure its value through objective standards. Moral damages can be claimed.
Legal basis: Civil Code of the People's Republic of China
Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.
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If you find a courier company for compensation for damage to the courier, you can negotiate with the courier company to claim compensation, or you can go to the court to sue the courier company to protect your own rights and interests. According to the postal law, the compensation standard for express damage is 3 times the freight, but the compensation of each courier company is different, some according to the terms of carriage, some according to the weight of the package, etc.
OneHow to find a courier company for compensation for courier damage
The way to find a courier company for compensation for courier damage is as follows:
1.Negotiate a claim directly with the courier company. In this way, most of the two parties negotiate compensation for the artificial damage of the goods by the courier, and the compensation is determined by the attitude of the two parties and the fast reading company;
2.After collecting evidence, take the judicial route to claim their rights and interests and claim compensation from the express company. This method has a long cycle, and there may be litigation costs, lawyer fees and other related expenses, so it is best for the merchant to evaluate it before making a plan.
IICourier damage compensation standard
The compensation standard for courier damage and hail damage is 3 times the freight according to the "Postal Law". Some express (logistics) companies have terms of carriage on the waybill (back), which are generally mentioned, according to the freight 2-10 times the statement, and some are according to the weight of the consignment package to give compensation, such as 20 yuan per kilogram, etc., the express companies are not the same. Many courier companies also offer additional insurance services, which are divided into two types: insured and insured.
The insured price is how much to insure, and the rate is generally a few percent (1-5) of the value of the sail of the goods, which is more expensive; Insurance, on the other hand, uses the traditional freight insurance terms of commercial insurance companies, with rates of a few thousandths (1-8) and a certain percentage of deductibles, reminding you that losses are not covered in full. In the express delivery business, most people use insurance for the goods that do need to be insured.
IIIHow to deal with the loss of the express
The way to deal with lost couriers is:
1.Contact the seller, if it is too troublesome to deal with the courier problem, you can ask the seller to reissue or refund.
2.Go to the official website of the express to find a complaint**, but generally no one answers, it is best to call the local courier**, which is generally processed for about three days.
3.If you really can't contact the relevant personnel, call 12315 to complain**, and there will be a reply in 7 days, and the processing period is generally about one month.
4.Go to the National Post to complain**, but it will ask you to contact the local staff first, and if you are not satisfied with the outcome, you can appeal again.
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