The courier was sorted in the wrong place. Can I claim compensation?

The direct loss caused by the delay of express delivery can be claimed, and the amount of loss needs to be proved.

Express delivery has the nature of contract. If the courier company fails to deliver the goods according to the agreed time, the user can investigate its liability for breach of contract.

There is a special chapter in the Contract Law on the contract of carriage of goods. If the consigned goods are damaged or lost, compensation shall be made in accordance with the agreement first. If there is no agreement, the two parties may further reach some supplementary agreements or determine the compensation price according to the terms of the contract; If there is no way to be sure.

Pricing should be based on the market price at the place where the goods arrive. There is the burden of proof, which involves indirect loss, what is the interest of indirect loss, and whether this indirect loss is accidental or inevitable. These all need to be judged by combining concrete evidence.

According to the regulations of China's express market management, in order to protect the legitimate rights and interests of the sender, the express delivery enterprise should remind the sender to read the service contract terms of the express waybill, and suggest the sender to purchase insured or insurance services for valuables and complete the express delivery within the promised time limit.

If the delivery is delayed, the courier company shall make compensation according to the agreement with the user; If there is no agreement, compensation shall be made in accordance with the Postal Law, Contract Law and other relevant laws and regulations.

When consumers use legal weapons to protect their rights, they should also have legal thinking and rational rights protection, and must not abuse their power. Merchants can't accuse consumers of extortion just because the claim is too high. At the same time, consumers can't ignore laws and regulations and make excessive compensation.

1. If the "express delivery" is changed to "slow delivery" due to the reasons of the courier company, resulting in damage to consumers' rights and interests, consumers can pursue the legal responsibility of the courier company according to the Consumer Protection Law and the Contract Law.

2. Mental damage is not stipulated in the Contract Law, and it is limited to serious mental damage in the Tort Liability Law and the Consumer Protection Law, so it is difficult to claim other "losses" besides the value of the express itself.

3. Express delivery enterprises need to improve the corporate governance system and improve the quality of express delivery, and all laws and regulations must be fulfilled; If the law does not stipulate but the enterprise promises, it must also be fulfilled.

1. In this case, you can contact the courier company for consultation.

2. If negotiation fails, you can go to the complaint website of the State Post Bureau to make a complaint.

3. At the bottom of the homepage of the website, select the courier company to complain about.

The next step is to wait for a reply and keep the phone open.

Extended materials: Experts suggest that some projects should be supplemented with clauses to avoid risks.

The different consequences and losses caused by express delivery "being late" to consumers vary from person to person. However, the road to their rights protection is mostly difficult, and the high cost of rights protection has become a major obstacle for consumers to protect their rights.

Consumers may wish to think twice and sign an agreement with the courier company when using the courier service. If the goods don't arrive at the appointed time, both parties will draw up the compensation amount to protect their personal interests, or insure some valuable things just in case.

How to compensate for the damage of express delivery?

First, check and sign-if the outsourcing is damaged, check the goods first.

"The express delivery of online shopping has arrived. I thought I bought health products. It turned out to be a rotten crocodile. What should I do? " Looking for a courier company, what if the courier company refuses to pay compensation on the grounds that it has signed for it? In fact, the courier company is also very helpless. There are hundreds of dollars a day. How can it have time to accept it? However, the courier does have the obligation to inform the recipient of face-to-face acceptance.

Express delivery (mail) is well packed and signed by the recipient for confirmation. If the express mail (mail) is marked fragile and the outer packaging is obviously damaged, the enterprise shall inform the recipient to check the contents before signing.

Generally speaking, if the outer packaging is not damaged, consumers should confirm it; If the outer packaging is damaged or easily damaged, the courier company has the responsibility of prompting and should sign for it after inspection.

Second, barbaric sorting-the maximum fine is 30,000 yuan.

We know that the common feature of the express delivery industry is that there are fewer people and more things, so it is often very rude and barbaric when sorting express delivery. Things that should be handled carefully are not well protected at all. When sorting, enterprises should handle express mail separately according to the type and time limit, operate in different regions, standardize the operation, timely input the processing information and upload it to the network. Barbaric sorting, littering, trampling or otherwise damaging express mail are prohibited.

Otherwise, the postal administration department will impose a fine of 10000 yuan; If the circumstances are serious, a fine of not less than ten thousand yuan but not more than thirty thousand yuan shall be imposed. It can be seen that if the special protection items are damaged by rough sorting by the courier company, they may be fined 1 10,000 yuan.

Three. Loss compensation-not subject to the restriction of "three times the freight"

In the news, it was reported that the pilose antler powder with a value of 6.5438+0.5 million yuan sent by express delivery was finally lost by express delivery, and the courier only paid five times the postage, that is, 50 yuan. As we know, it is common for express delivery to be lost due to its large volume and small quantity, and the handling method of express delivery company is generally to compensate for the loss of express delivery at three times the freight, which actually seriously infringes on the interests of consumers.

As reported in the news, some express items are of high value, and triple freight will not help.

According to the relevant regulations, the carrier, that is, the courier company, is responsible for keeping the transported express mail. If the goods are damaged during transportation, the courier company shall compensate the consumers as agreed. If there is no agreement, market price compensation shall be given, that is, according to the market price of the place where the goods are delivered or should be delivered.

In this process, the value of the lost items will be borne by consumers to prove their actual value.

Four. Information leakage-the lightest fine is 5000 yuan.

I always receive harassing text messages from merchants for no reason. It turns out that this is all caused by leaving my mobile phone number on the courier. Some unscrupulous courier companies package users' personal information, especially their mobile phone numbers and addresses, which brings great troubles to consumers.

The new "Measures" stipulate that enterprises and couriers engaged in express delivery business shall not illegally provide user information they know in the process of engaging in express delivery business. Courier employees who violate the law by revealing customer information, which does not constitute a crime, shall be ordered by the postal administration department to make corrections, confiscate the illegal income, and impose a fine of not less than 5,000 yuan but not more than 10,000 yuan on individuals.

Those who constitute a crime will be investigated for criminal responsibility according to law. Express companies have the responsibility to keep consumer information confidential, which will protect consumers' privacy to a certain extent.

References:

Baidu Encyclopedia-Road Freight Transport Contract?