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1. The courier company compensated for the loss of the courier:
1) If the party makes the express delivery insured, it shall be compensated according to the insured value of the express delivery; If the express delivery is partially damaged or the contents are short, the actual loss of the express delivery shall be compensated in accordance with the proportion of the insured amount and the full value of the mail.
2) If there is no insured value, the compensation shall be based on the actual loss of the recipient, but the maximum compensation shall not exceed three times of the fee charged.
2. Legal basis: Civil Code
Article 833: Where the parties have agreed on the amount of compensation for damage or loss of goods, such agreement shall prevail; 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.
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The courier lost the compensation process
1. Contact the seller. If you find it 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**, and generally no one answers. It is best to hit the local courier**, which generally takes about three days.
3. If you really can't contact the relevant personnel, call 12315 to complain**, and there will be a reply within 7 days. The processing cycle is usually about a month. Go to the National Post to complain** your complaint, but you will be asked to contact the local staff first.
If you are not satisfied with the outcome, you can appeal again.
Compensation standard for loss of courier
After the courier loses the express, it needs to compensate the recipient, and the compensation standards are as follows: for the mail that has been insured, it can be compensated directly according to the insured amount; For mail items that are not insured, compensation will be made according to the actual loss. However, it should be noted that the maximum amount of compensation cannot exceed three times the postage charged.
Legal basis: Article 47 of the full text of the postal law, postal enterprises shall compensate for the loss of mail in accordance with the following provisions:
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 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 receipt 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.
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.
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Generally speaking, when the express delivery is lost, damaged or short, the express and letter that have not been purchased with insurance will be compensated according to 2 times the service cost of this service, and the parcel will be compensated according to the value of the loss of the goods bought, but not more than 5 times the service cost. If it is other losses or indirect losses, the courier company will not compensate.
For the insured faster than the usual express express, according to the insured amount of two percent of the insurance fee to charge, when the express is lost, should be compensated according to the amount of **. The maximum compensation for an insured express is 10,000 yuan.
If something bought online is lost during express transportation, it is relatively simple to deal with, directly find the online seller to explain the situation, and the seller will deal with it, or reissue a piece. Or a direct refund. If the seller does not deal with it or is not satisfied with the way it is handled, if it is ineffective to communicate multiple times, you can directly ask the official of the online shopping platform to deal with it.
If it is a courier sent by yourself, it will be a little complicated to deal with, first of all, you must take the courier number when you mail something and the certificate at that time to go to the local courier point for claim processing. If you are not satisfied with the processing results of the express point, you can directly call the customer service of the express company for a direct complaint. If you are not satisfied with the courier company's handling or the courier company does not follow the method of negotiation, you can directly request judicial intervention in the investigation.
If something bought online is lost during express transportation, you can directly contact the seller you purchased online and explain the specific situation to them, and the seller will generally deal with it. If the seller does not solve the problem, he can complain to the postal consumer about the problem. It will be resolved within a week.
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If the online purchase package is lost, this is relatively simple to deal with, directly find the seller, and the seller will deal with it by himself: reissue or refund. If the seller refuses to deal with it or is not satisfied with the handling, he can ask the official of the online shopping platform to intervene if the communication is not resolved.
In the case of a private mailing package, this is relatively complicated to handle. First of all, please provide the mailing slip (or courier number) and valid documents to the local courier point for claim processing. If you are not satisfied with the claim result of the local courier point, you can contact the customer service of the courier company** for processing.
If you are not satisfied with the result of the courier company's claim, or the courier company is unable to compensate as agreed in advance, you can request judicial intervention. As for the standard of claim, each courier company has regulations, and it is sufficient to make a claim in accordance with the compensation terms agreed upon at the time of delivery. If there is a dispute with the express delivery company over the compensation clause, Article 20 of the Measures for the Administration of the Express Market (2013 Edition) stipulates that in the process of express delivery services, if the express mail (mail) is delayed, lost, damaged or the internal parts are inconsistent, the enterprise engaged in the express delivery business shall compensate according to the law in accordance with the agreement with the user.
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 purchase of the insured express mail (mail). For express mail that has not been purchased with insured value, compensation shall be made in accordance with the Postal Law of the People's Republic of China, the Contract Law of the People's Republic of China and other relevant laws. Legal basis:
Article 20 of the Measures for the Administration of the Express Market (2013) 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. 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 purchase of the insured express mail (mail). For the express mail (mail) that has not purchased the insured value, compensation shall be made in accordance with the "Postal Law of the People's Republic of China", "Contract Law of the People's Republic of China" and other relevant laws.
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1. The legal basis for compensation for the loss of express delivery.
When the express company bears the liability for damages, it shall be determined in accordance with the Civil Code.
2. The cause of action for compensation for the loss of express delivery is determined.
Disputes over contracts of carriage of goods. The express service contract is not a well-known contract as stipulated in the Civil Code, but the rights and obligations of both parties are similar to the transportation contract, which is a contract concluded between the sender and the express delivery company, and the express delivery company will quickly deliver the goods delivered by the sender to a specific recipient.
3. On the validity of the insurance clause.
Most of the express company contract text has a clause on the insurance price, that is, the express bill is generally stated that the sender has the right to choose the insured service when sending the express mail, and when the express mail is damaged or lost, the maximum compensation limit or compensation according to several times the express postage. Whether or not to apply the insurance clause is controversial in the theoretical and judicial practice circles.
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Clause. 1. Fix the evidence. Keep the face sheet, the logistics records on the express company, and the records of rights protection to the express company. Find out the cause of the loss of the express delivery and determine whether the express company is at fault.
Clause. 2. If you choose to insure and pay the insured, you can claim according to the insuredness clause.
Clause. 3. Hire a lawyer to intervene in the protection of rights, and resolve disputes through lawyers' letters or judicial channels. The courier is lost, and there is no doubt about rights protection!
2.Complaints or consumer rights protection at the Postal Authority.
The courier was lost, why was it lost? If it is due to irresistible special reasons, consumers can still accept it.
For no reason, the courier was lost, and no one could accept it, why the computer worth 4,800 yuan was lost, and whether it was maliciously seized, no one knows. The courier company only compensated 3 for the dispatch fee, but failed to assume the responsibility of keeping and transporting the goods, but distorted the truth and deceived consumers. Abominable, hateful.
Therefore, consumers can't swallow their anger on some behaviors, but pick up the best to defend their rights.
To paraphrase a sentence: If you don't say it, I don't say it, who knows that you have been wronged!
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If the express package is lost or damaged without insurance, according to the new "Postal Law" promulgated last year, it can only pay 3 times the freight. 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 compensated according to the weight of the consignment package, 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 goods, which is more expensive; Insurance is based on the traditional freight insurance terms of commercial insurance companies, with a rate of a few thousandths (1-8) and a certain percentage of deductibles, that is, not full compensation for losses. In the express delivery business, most people use insurance for the goods that do need to be insured.
It should be reminded that the additional insured (insurance) services provided by the express company do not mean that there is no risk, and the recent cases of the inexperienced collapse of the express company are also very revealing. At present, the so-called insurance (insured price) of most express companies belongs to the self-insurance behavior of enterprises, and does not have the qualifications of insurers recognized by the Insurance Law. Only the express insurance service provided by commercial insurance companies and independent insurance certificates can form an effective guarantee.
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What is the compensation standard for lost courier?
According to the provisions of the "Measures for the Administration of the Express Market", 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, it shall be agreed, 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 provisions of the Postal Law, the Civil Code and other 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 mail, and compensation shall be made according to the proportion of the lost value of the express mail to the total value, according to the same proportion of the compensation amount for the loss of the express mail.
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How to claim for the loss of express delivery, first of all, we must negotiate with the courier to solve the equivalent claim, which should have been the equivalent claim of the package, if the courier can not solve the case, you can also find the courier company to complain, discuss the compensation, and the leader will definitely deal with it.
Thank you for having me, Buddha, December 28, 2021.
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1. Whether the item is insured or not, the sender is free to choose, the maximum insured amount is 10,000 yuan, and the rate is 1%;
2. Compensation shall be made for the damage to the insured items according to the actual damage (the determination standard for the actual damage of the goods shall be calculated based on the average market price of the place where the goods arrive), and the loss of the insured items shall be compensated according to the declared value, but the maximum shall not exceed the insured amount;
3. Uninsured items: If the value of the application is less than 1500 yuan, the carrier will compensate according to the application value; If the value is more than 1,500 yuan, the carrier will only compensate 1,500 yuan;
4. For the damage of uninsured items, the carrier shall compensate according to the degree of damage according to 3 5 times of the actual freight (if the declared value filled in the waybill is lower than three times the actual freight, it will be compensated according to the declared value).
That is, in the event of loss, damage or lack of internal contents of the uninsured mail, the carrier shall compensate for the maximum of 3 times of the charged fee. In addition, most of the courier companies now also state at the back of their express orders: the compensation for the damage of the uninsured mail is not more than 3 times the postage.
It should be noted that the provisions of the Sanhe clause in the Postal Law only apply to the national postal enterprises, while the relevant provisions of the Contract Law on the transportation of goods shall be applied to the disputes between other express companies and customers. Therefore, the compensation for lost items of other express companies cannot refer to the standard of no more than 3 times the freight cost of the law.
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The compensation standard for the loss of express delivery is as follows:
1. Insured express, if the insured express is lost or completely damaged, compensation shall be made according to the insured amount; If part of the damage or the internal parts are short, compensation shall be made according to the proportion of the insured amount to the full value of the mail;
2. If the express delivery is not insured, the carrier shall be liable for damages for the damage and loss of the goods during transportation; If the parties have agreed on the amount of compensation for the damage or loss of goods, such agreement shall be followed; If there is no agreement or the agreement is not clear, it shall be calculated according to the market ** of the place where the goods arrive at the time of delivery or should be delivered.
If the courier is lost, you can complain as follows:
1. Complaints that can be announced to the express company** complaints;
2. You can file a complaint with the Consumer Protection Association;
3. You can complain to the market supervision and administration department;
4. You can complain to the postal administration.
Complaints shall clearly inform the demands and the basis of the complaint, and must not be unreasonable.
The conditions required for express complaints are as follows:
1. Lost or damaged express delivery;
2. The courier has a poor service attitude or has any impolite and illegal behavior.
Legal basis] Civil Code of the People's Republic of China
Article 832 The carrier shall be liable for compensation for the damage or loss of the goods during transportation. However, if the carrier proves that the damage or loss of the goods is caused by force majeure, the natural nature of the goods themselves or reasonable wear and tear, or the fault of the shipper or consignee, the carrier shall not be liable for compensation.
The courier has been stolen, how to compensate for the loss of the courier? How is the amount of compensation determined?
You should look for a bank.
Because you bought the phone from the bank, but the bank didn't hand over the phone to you by any means, just like you paid for something first, but the salesperson didn't hand it over to you. >>>More
The basic process is to contact the outlets or courier companies where you send the parcel to find out where to apply for compensation, or to find the head office, or to find a contractor, each express is different. You can also call the General Post Office directly 11185 to complain, if there is no insurance, it should be 10 times the postage of the mail, if the insurance is according to the actual value of the goods.
There is no way to confirm the loss by losing contact for a few days. You'll need to call customer service to confirm, of course, if you haven't received it for at least a week. >>>More
Sympathize with your situation, because now the law of the express delivery industry is not quite perfect, for consumers your express mail is very troublesome after the loss, if it is in the ** buy something is good to say, because there is ** good compensation, if not** this thing is not easy to say, you say 10,000, the express company said ten yuan This situation is too much, if there is no insurance will only be compensated by five times the freight, for example, your freight is five yuan, at most you will be compensated 25 yuan, and the final loss is still the consumer. For example, if you call ** to complain, that ** is basically no one answers, or just kicks the ball, but don't give up the right to complain, I hope these will help you.