Recently, the outbreak of the epidemic in Shenzhen, the district issued a series of notifications, requiring all express delivery, delivery, etc. are not allowed to enter the community, the village in the city, the implementation of non-contact distribution, in the community entrance, the village in the city designated area transfer access. During the epidemic, there are frequent problems such as non-delivery of couriers to the door and slow delivery of couriers to outlets.

1. During the epidemic, the courier changes the place of receipt, and if consumers complain about the courier and the courier enterprise, they should be properly handled according to the situation.

1. It is explicitly required to collect express delivery in a specified way (avoid direct contact).

Examples around1：The recipient, Ms. Wang, agreed that the dispatcher would put the express at the gate of the community, but the express was lost due to failure to pick it up in time. During the epidemic, many people asked, or agreed to send couriers to place couriers at the gates of communities, neighborhoods, or courier stations, etc., according to Article 543 of the Civil Code: "The parties may change the contract by consensus. The two parties have jointly changed the address and method of delivery, in accordance with the law". Therefore, in case of loss of express delivery, the courier and express delivery company shall not be liable for compensation.

2.The two sides did not communicate on the delivery location, depending on the regional epidemic prevention requirements to determine whether to bear the liability for breach of contract.

Couriers are not prohibited from entering the communities and communities where express delivery is delivered.。Examples around2：The residential area where Li mou lives did not prohibit the courier from entering, but required to hold a 24-hour nucleic acid negative result. due to personal reasons, the courier did not make nucleic acid in time and was unable to enter. he did not deliver it another day. instead, he changed the delivery place without authorization, delivered the courier to a nearby courier station, and notified Li mou by text message after delivery. In such a case, it constitutes a breach of contract and is liable for compensation. According to Article 577 of the Civil Code: "If one of the parties fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses."

If, because of the epidemic prevention and control policy, the community, the community, the community, the total ban on couriers to enter, then the epidemic should be an unforeseen, unavoidable and insurmountable objective situation, due to the epidemic can not be delivered to the agreed address, due to force majeure can not fully perform the contract. According to the (I) of the Supreme People's Court's Guiding Opinions on Several Issues Concerning the Proper Trial of Civil Cases Involving the New Coronary Pneumonia Epidemic in accordance with the Law, Article 3 (I) stipulates: "If the contract cannot be performed as a direct result of the epidemic or the epidemic prevention and control measures, the provisions of force majeure shall be applied in accordance with the law, and the liability shall be partially or completely exempted according to the epidemic or the extent of the impact of the epidemic prevention and control measures", and Article 590 of the contract of the contract of the Civil Code: "If one of the parties is unable to perform the contract due to force majeure, it shall be exempted from liability in part or in whole according to the effect of force majeure, unless otherwise provided by law. If the contract cannot be performed due to force majeure, the other party shall be notified in time to mitigate the losses that may be caused to the other party, and proof shall be provided within a reasonable period of time. If force majeure occurs after the party's delay in performance, it shall not be relieved of its liability for breach of contract."”

3. Recommendations.

During the outbreak, in order to reduce direct contact during express delivery and avoid disputes, it is recommended that all relevant parties take the following measures:

First, priority is given to the use of smart express boxes for delivery, but the consent of the recipient should be obtained in advance.

Second, the courier should explain the special circumstances of the epidemic situation before delivery and cannot deliver it to the door. It is suggested that the recipient go downstairs to pick up the express and obtain the consent of the recipient.

Third, it is suggested that residential property and office buildings should be divided into special areas for management, and ventilation and disinfection measures should be taken for the special delivery areas to facilitate centralized delivery by couriers.

Fourth, it is recommended that consumers cooperate with epidemic prevention and control measures to give express delivery companies more care and understanding.

Fifth, consumers will not be penalized for couriers and courier companies if they complain about the failure of couriers to deliver them to their homes during the epidemic.

2. Under the influence of the epidemic, due to the backlog of outlets caused by the delay of express delivery enterprises whether to bear legal responsibility.

1. Criteria constituting delay.

The delivery time shall be implemented in accordance with the service commitment or national standards publicized on the official website of the express delivery enterprise. If the service time limit has been promised to consumers, it belongs to "the same city day", "the next day", "the next day" and "72 hour", the express delivery company shall deliver the service according to the agreed time. If the express delivery enterprise fails to promise the time limit, according to the national standard "Express Delivery Service Part 3: Service Link" (GB/T 27917.3-2011), the time limit for complete delay of express delivery is more than 3 calendar days for intra-city express delivery, 7 calendar days for intra-provincial and inter-provincial express delivery, and 21 calendar days for complete delay of international express delivery.

2. If the express delivery is overtime, the consumer has the right to complain and claim compensation.

If the express is delayed, the express delivery enterprise shall be liable for compensation, except in the case of exemption. The compensation rules are mainly as follows: the express service terms publicized by express delivery enterprises shall be applied first. As stipulated in Article 3.4 of Shunfeng Express's "Electronic waybill Contract Terms", the compensation for delay is only to waive the service fee (excluding additional fees such as guaranteed price). If the express delivery enterprise fails to publicize the express delivery compensation rules, referring to the requirements of the national standard "Express Delivery Service Part 3: Service Link" (GB/T 27917.3-2011), the sender or the beneficiary designated by the sender can obtain compensation. The compensation scope including the compensation for delay shall be the exemption of the service fee (excluding additional fees such as price guarantee) and the loss of the direct value of the internal parts due to delay.

3. The outbreak is in line with the force majeure situation, due to force majeure factors lead to express delay, express delivery enterprises may be partially or completely exempt from liability.

According to the (I) of the Supreme People's Court's Guiding Opinions on Several Issues Concerning the Proper Trial of Civil Cases Involving the New Coronary Pneumonia Epidemic in accordance with the Law, Article 3 (I) stipulates: "If the contract cannot be performed as a direct result of the epidemic or the epidemic prevention and control measures, the provisions of force majeure shall be applied in accordance with the law, and the liability shall be partially or completely exempted according to the epidemic or the extent of the impact of the epidemic prevention and control measures", and Article 590 of the contract of the contract of the Civil Code: "If one of the parties is unable to perform the contract due to force majeure, it shall be exempted from liability in part or in whole according to the effect of force majeure, unless otherwise provided by law. If the contract cannot be performed due to force majeure, the other party shall be notified in time to mitigate the losses that may be caused to the other party, and proof shall be provided within a reasonable period of time. If force majeure occurs after the party's delay in performance, it shall not be relieved of its liability for breach of contract." Due to the epidemic control measures, express delay is not caused by the subjective fault of the courier enterprise, the courier enterprise objectively can not complete the timely delivery, belongs to force majeure, can be partially or completely exempt from liability.

4. Recommendations.

Although the courier company has the right to refuse compensation on the grounds that the outbreak is force majeure, but in fact the courier company needs to provide evidence that the delay is due to the outbreak in order to avoid compensation, so in practice, it is difficult for the courier company to be absolutely exempt from liability. On the one hand, express enterprises should explain or announce the situation to consumers; on the other hand, express enterprises should, in accordance with the arrangements of the State Post Bureau, resume normal production and operation as soon as possible and step up delivery work while doing a good job of protection. to prevent serious and unreasonable delays.

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