Is express insurance insurance or chicken ribs？ Expert： Don’t substitute stealthily.

　　Beijing, July 6 (Xinhua) According to China Voice "News Horizon" of China Central Radio and Television Station, in recent years, with the rapid development of express logistics industry, many related services and businesses have emerged in an endless stream. For example, some express delivery companies have launched "guaranteed price" service for transporting valuables, and interpreted this service as "a value-added service that pays compensation according to the approved loss when the express mail is lost or damaged during transportation."

　　For ordinary consumers, when they first see the word "guaranteed price", it is easy to understand that as long as they spend money to buy this service for their own express delivery, it is equivalent to putting a foolproof "insurance" on this parcel, but the actual "guaranteed price" is really not what people literally understand, and the express delivery company also declares that "guaranteed price service" is not an insurance service.

　　Recently, many consumers have stumbled on insured services. Express a piece of equipment worth 980,000 yuan and choose 20,000 yuan for insured price. After the damage, the victim can only get compensation from 250 yuan; Express delivery of goods with a price of more than 620,000 yuan is insured at 20,100 yuan, and only 389 yuan is lost after damage. When such a fact is in front of us, consumers are indeed even more confused.

　　So how much can the so-called "insured price" be guaranteed? Is it "a piece of insurance" or "a chicken rib" Is the purpose of insured service to reduce the risk of consumers or the responsibility of express delivery companies? How should people understand the legal provisions related to express delivery insurance? In the process of sending express delivery, how should consumers protect their rights and interests?

　　Ms. Jiang from Nanjing told the reporter that she had previously mailed goods worth 622,000 yuan from Inner Mongolia to Nanjing through SF Express, and chose the insured price of 20,100 yuan, resulting in an accident. Ms. Jiang said: "After the damage, we contacted the customer service of SF Express as soon as possible, and then asked us to provide the invoice of the total price of the goods and the price we needed to repair, and sent it to him. The maintenance price is 12,000 yuan, and then his reply to us is 389 yuan, but we will definitely not accept this price. "

　　After Ms. Jiang complained to the Complaint Center of Jiangsu Postal Administration, Gao Yue, a staff member of the center, said that the "guaranteed price" service is a contract clause formulated by the enterprise itself and filed in the relevant departments, which is based on the Postal Law, the Measures for the Administration of Express Delivery Market and the Provisional Regulations on Express Delivery. Ms. Jiang’s claim was not supported. Gao Yue said: "We also suggest that consumers should explain such a valuable item to the enterprise in advance, and negotiate and agree."

　　The same thing happened to Mr. Zhong, who sent a medical device worth 980,000 yuan by SF Express, and chose the insured price of 20,000 yuan. The insured price was 100 yuan, which was more expensive than the courier fee itself. However, it was damaged during express transportation, and the maintenance cost was more than 10,000 yuan. However, SF replied that it could only compensate 250 yuan, and repeatedly promised to pay 1000 yuan the highest compensation. Mr. Zhong can’t accept it: "At that time, we understood that this 20,000 yuan is the upper limit of this thing. If there is an accident, we will pay up to 20,000 yuan. If it is actually less than 20,000 yuan, how much will be lost, so I made an insured price of 20,000 at that time. "

　　How much is the "guaranteed price"? Professor Liu Junhai, director of the Institute of Commercial Law of Renmin University of China and vice president and secretary general of the china law society Consumer Protection Law Research Association, analyzed: "‘ Insured price ’ It is the carrier’s liability for compensation to consumers when it causes damage to the goods in the process of transporting the goods. If the insured service of 20,000 yuan is purchased and the loss reaches 18,000 yuan, then the carrier should bear the responsibility of 18,000 yuan, and those who exceed 20,000 yuan will not be compensated. "

　　However, the "insured" payment rules of express delivery companies are not the same as those in legal theory. SF Express Commissioner gave the calculation formula according to "full amount" and "insufficient amount", "For example, in ‘ Full amount ’ In the case of insurance, if the value of the goods is 100,000 yuan, you have insured 100,000 yuan, and the later damage maintenance cost is 10,000 yuan. Under normal circumstances, we can fully pay you 10,000 yuan here. If this item is worth 100,000 yuan, you have insured 10,000 yuan, which belongs to ‘ Not fully insured ’ The later maintenance cost is also 10,000 yuan, which will produce a compensation ratio, which is the amount you guarantee divided by the actual value of the item and then multiplied by your actual loss. 980,000 yuan, insured 20,000 yuan, in full proportion, the amount of compensation is 215.97 yuan. "

　　Although the insured price is a "non-mandatory" value-added service, the value of the goods is 2 & permit; The insured fee ranging from -3% is not low, and some courier companies claim that the maximum declared value of a single ticket express does not exceed 30,000 yuan. If the price is not insured, the payment standard is linked to the courier fee. Generally, the highest payment ratio is five times that of the courier fee, and there are also courier companies that pay a fixed amount, and the standard is several hundred yuan. Consumers don’t buy it. Liu Maotong, a lawyer in Jiangsu Province, said: "As a related industry, we should work hard to improve the safety and security measures of the express delivery industry, and should not formulate regulations on industry protection, industry risk transfer and avoidance."

　　Professor Liu Junhai analyzed that the fifth chapter of the Postal Law stipulated "insured price", but it could not be fully applied to express delivery enterprises. Liu Junhai said: "Related ‘ Insured price ’ The content clause is placed in Chapter V Compensation for Losses, and ‘ Express delivery business ’ It is written in Chapter VI of the Postal Law, so I don’t think we should extend the insurance rules of postal enterprises in Chapter V to the express delivery business in Chapter VI. "

　　Zhu Wei, a member of the Expert Committee of China Consumers Association, analyzed: "The so-called calculation formula is ‘ Stealing the column ’ This is not the same thing as what consumers originally insured, and the explanation of the courier company is invalid. Users are also consumers, and they have the right to know. If there is such a formula, it should be made clear to consumers when they apply for insurance. If it is not made clear, it belongs to the format clause. According to the provisions of the Consumer Protection Law, if the format clause must be explained, it should also be explained in favor of consumers. "

　　Liu Junhai suggested that it is more important for consumers to collect and keep evidence to prove the value and actual loss of the items they sent than to buy "insured". Liu Junhai said: "According to the provisions of the Contract Law and the Consumer Protection Law, the carrier is obliged to deliver the goods delivered by consumers to their destinations safely and in time. If they are not delivered safely to their destinations, they will constitute a fundamental breach of contract and bear all the actual damages to consumers." (Reporter Sun Ying Jingming Jiangsu Taiwan reporter Xu Renfei Gu Qianying)