Whose fault is it that the express delivery was lost during the epidemic?

Divided into the following three situations:

Situation 1: During the epidemic, the courier can't enter the community, and there is no way to store the courier in the closed courier cabinet. In this case, the courier put the courier at the courier stacking point at the entrance of the community.

According to the provisions of Article 25 of the Provisional Regulations on Express Delivery, an enterprise engaged in express delivery business shall deliver the express mail to the agreed address, the addressee or the agent designated by the addressee, and inform the addressee or the agent of face-to-face acceptance.

Affected by the epidemic prevention and control, objectively, the courier can only send the courier to the door of the community and wait for the recipient to come and collect it. In this case, if the courier left the courier at the door of the community without telling the consumer, it should be considered that he did not fulfill his express obligation. If the courier is lost, the consumer can claim the corresponding compensation liability from the seller, and the seller can also claim compensation from the courier company.

If the courier has informed the consumer that the courier has arrived, please come and sign for it. If the consumer does not ask the courier to wait for acceptance in person, it is deemed that the courier has delivered the goods to the consumer. Consumers who require face-to-face acceptance should go to the door of the community for acceptance as soon as possible. The consumer agreed that the courier would leave the courier at the door of the community, and if the courier failed to receive it in time due to his own reasons, causing damage or loss, the consumer shall bear the responsibility himself.

Situation 2: Express delivery is piled up at the gate of the community.

If it is stipulated in the residential property management agreement that the property company should provide express delivery service, or the property company should provide paid service for signing express delivery, then the consignee and the property company will form a contractual relationship of entrusted custody, and the property company should properly keep the express parcel and take responsibility for the damage and loss of the express parcel during the custody period.

There is no express service in the residential property management agreement, or the property company provides express service for free, which directly forms a free entrustment contract relationship with the recipient, or constitutes negotiorum gestio. At this time, if the express parcel is damaged or lost, the property company and the doorman will not be liable for compensation without intentional or gross negligence.

Situation 3: During the epidemic, friends living in other provinces and cities sent us lost living materials.

Under normal circumstances, in the process of mailing items, people rarely take photos and videos of the items placed in the package at the same time. Once the contents of the package are damaged or lost in the process of express delivery, the actual loss of the sender's proof is obviously limited.

Courier companies usually only agree to pay compensation at three times the postage or a fixed amount, which is often not accepted because the amount is very limited. If the sender chooses insured price, when the package is lost, he can get full compensation according to the insured amount without proving the value of the items in the package.

Legal basis:

"Provisional Regulations on Express Delivery" Article 25 An enterprise engaged in express delivery business shall deliver the express delivery to the agreed address, the addressee or the agent designated by the addressee, and inform the addressee or the agent of face-to-face acceptance.