According to a report by Guangzhou Daily on May 11th, "If it exceeds 12 hours, a fee of 50 cents will be charged every 12 hours, with a maximum fee of 3 yuan." Shenzhen Fengchao Technology Co., Ltd. officially announced the "overtime fee" method for express delivery cabinets at the end of April, sparking heated public discussion and causing strong dissatisfaction among homeowners in multiple residential areas, and "suspending the use" of Fengchao express cabinets. Recently, a public letter from Shanghai Central Huayuan Community to Fengchao Company has caused a stir. The letter questioned the low payment of property fees by Fengchao and its two-way fees, and the reading volume of the article quickly reached over 100000!

Guangzhou Daily's full media reporter interviewed multiple industry experts and lawyers on the six major issues of Fengchao's "overtime fees" that consumers are concerned about. Lawyer Dai Xiaohong, a partner of Guangdong Legal Shengbang Law Firm, and his team Lawyer Wang Ding interpreted the relevant legal issues mentioned above.

Problem 1: Bidirectional fees actually cause great distress for couriers

Reporter: The Fengchao express cabinet has already charged for the courier service. Mr. Huang, the owner of a franchise branch, told reporters that since Fengchao announced overtime charges for citizens, delivery buddies have also become distressed. From a lawyer's perspective, how do you view this current situation?

Lawyers Dai Xiaohong and Wang Ding: In fact, the fees charged by Fengchao Company to express delivery companies and product merchants will ultimately be passed on to consumers as costs. However, in law, the transfer of costs and fees are two different things. Contracts have relativity, and contracts signed between Fengchao Company and express delivery companies, merchants, and consumers cannot be confused. If a consumer and Fengchao Company reach an agreement on fees, regardless of whether Fengchao Company actually charges both ends, it cannot exempt the consumer from the obligation to pay. Of course, Fengchao Company cannot force buying or selling, it can only be based on the voluntary participation of all parties.

Question 2: The spirit of the Fengchao contract has been questioned, and some community owners in Guangzhou have also requested the removal of containers

Reporter: Some citizens believe that many residential areas allowed Fengchao to enter at low prices due to free and convenient measures for consumers at that time. However, the current charging of consumers for express delivery cabinets is inconsistent with previous commitments. Does Fengchao violate the spirit of the contract?

Lawyer Dai Xiaohong and Lawyer Wang Ding: "The premise for judging whether there is a contractual spirit is to have a contract. If Fengchao Company has made a promise in advance that the express cabinet can be used for free at this time, then charging Fengchao Company should be considered a breach of contract. If Fengchao Company has not promised free, according to the agreement, Fengchao Company can charge at this time, then Fengchao Company does not violate the contractual spirit

Question 3: Claiming to solve the last 100 meters is actually the most difficult 100 meters

Reporter: The "Management Measures for Intelligent Express Box Delivery Services" implemented on October 1, 2019 stipulates that express delivery enterprises using intelligent express boxes to deliver express packages should obtain the consent of the recipient and promptly notify the recipient to retrieve the package, informing them of the name, address, and storage period of the intelligent express box.

Lawyers Dai Xiaohong and Wang Ding: It is the fault of the courier company to put the package into the delivery cabinet without the recipient's permission. Generally speaking, express delivery packages have a clear delivery address, and the courier company should deliver the package to the delivery address and have the recipient sign for it before completing the entire express delivery service. And the courier, in order to save time, puts the package into the express cabinet without authorization and regards it as a sign for receipt. Regardless of whether the express cabinet charges or not, this is a breach of contract. Of course, if a courier company includes such delivery methods in the courier transportation contract and informs the customer, it will be a different matter.

Question 4: During the epidemic, consumers had no choice but to charge and were suspected of "taking advantage of the situation"

Reporter: Currently, it is still during the epidemic prevention and control period, and a large number of residential areas do not allow express delivery to their doorstep, and it is impossible for express delivery to be stacked at the entrance of the residential area. The express cabinet has become a necessity. Is there any suspicion that Fengchao is taking advantage of the opportunity to make a profit by overcharging at this time?

Lawyers Dai Xiaohong and Wang Ding: There may be various reasons why Fengchao Company charges fees during the epidemic. It is not ruled out that Fengchao Company has a business plan to promote the normalization of fees during the epidemic, but the fees may also be due to certain practical needs at this time. For example, in some residential areas, during the epidemic, couriers are unable to enter the area, while some office workers are not at home and cannot sign for delivery. At this time, the delivery cabinet is often difficult to obtain. If there are no measures to restrict, some users' packages will occupy the express cabinet for a long time without being taken out, which is undoubtedly a waste.