How to claim for lost express delivery?
First, the legal basis for compensation for express delivery losses
When the courier company bears the liability for damages, it should be determined according to the civil law.
Second, determine the cause of action of compensation for express delivery losses.
Disputes over contracts of carriage of goods. The express service contract is not a famous contract stipulated in the Civil Code, but the rights and obligations of both parties are similar to the transportation contract, which is concluded between the sender and the express delivery enterprise, and the express delivery enterprise quickly delivers the goods delivered by the sender to a specific recipient as the content.
Third, about the effectiveness of insurance clauses
Most courier companies have insurance clauses in the contract text, that is, the courier bill will generally state that the sender has the right to choose insurance services when sending the express mail, and stipulate the maximum compensation limit or several times the postage of the express mail when the express mail without quotation is damaged or lost. Whether to apply this insurance clause is controversial in theory and judicial practice.
Lawyers believe that the following five situations should be distinguished:
First, if the contract to which the standard exemption clause belongs is invalid, then the standard exemption clause must be invalid;
Second, if the standard exemption clause meets the category of invalid exemption, it should be invalid;
Third, if the standard exemption clause refers to the clause involving the loss of rights, that is, exempting one party from the main obligations or excluding the other party's main rights, the contract should be deemed invalid from the beginning;
Fourth, the format exemption clause only involves the above situations, but if the contract is obviously unfair, it should be considered as changeable and revocable;
Fifth, those that do not belong to the above five categories should be effective.
Fourth, the courier company prompts the definition of the obligation.
The reasonable obligation of prompt and explanation should be comprehensively judged according to the following factors: first, the method of attracting attention. Based on the principle of "individual special reminder", according to the specific trading environment, the express delivery enterprise shall express its terms to the sender or remind the sender in other ways; Second, the time to attract attention. The exemption clause must be presented before the courier service contract is signed or before the contract signing instructions. Third, clarity. "Reasonable" tips must be special signs with words, symbols, fonts, etc. , marked in a prominent position, so that the "sender" can notice it at a glance and explain the format terms according to the requirements of the other party.
How to determine the amount of compensation by verb (abbreviation of verb)
(1) discretionary compensation: this problem is when the insurance clause is revoked or confirmed invalid. In judicial practice, it is often the judge who judges the evidence submitted by the sender to confirm the approximate amount of the sender's loss, but because the evidence submitted by the sender is often insufficient, he makes a compromise ruling, that is, compensation as appropriate.
(II) Predictable losses: Article 584 of the Civil Code stipulates the predictability rule, that is, "the amount of compensation for losses shall be equivalent to the losses caused by breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that the breaching party may suffer or should have foreseen when concluding the contract".
(3) Compensation for special items: Special items refer to items like personnel files, diplomas, photo albums, etc., which may be worthless to the courier company, but are of great significance to all of them, and it is difficult to evaluate and measure their value through objective standards. The lawyer advised the sender to claim compensation for mental damage by suing for infringement.
The above is the related content compiled by Bian Xiao. If you have any questions, you can also consult our professional lawyers directly.