Hermes getting away with theft

JReacher1

Mr_Singleton wrote: »

Disagree insofar as yes the restaurant would be breaking the law but a customer would claim on a civil basis rather than crimminal one, as such would you be happy for a restaurant to be able to deny the claim as the customer hadn’t taken out ‘food poisoning’ insurance?

As regards the house burning down.... if it was caused by the boiler repair man doing a poor job I wouldn’t expect to be denied compensation because because I hadn’t insured against his dangerous work.

Although your examples are all very amusing they are sadly not legally relevant so are basically all a bit pointless!

Rosemary7391

Mr_Singleton wrote: »

It’s about reasonable.

I genuinely can’t think of any other service where this would be allowed.... if a dry cleaner lost your expensive coat could they refuse compensation if you hadn’t taken out ‘we lost your item’ insurance.

I think few places deal with the volume and variety of items that couriers do. They're also better able to control losses - eg a dry cleaners labels the item themselves, and it's much easier to find "the blue trench coat" in a small room of coats than it is "the beige box" in a depot full of boxes if the labels get lost. They also know about how much a coat costs so don't need the customer to select an insurance level.

Mr_Singleton

winther wrote: »

Can a company overrule any consumer rights by making up their own terms - regardless how little sense they make and how inappropriate they are?

Yes, they can. The question is are the terms reasonable. I personally from a non-legal perspective say no.

AndyMc.....

Mr_Singleton wrote: »

It’s about reasonable.

I genuinely can’t think of any other service where this would be allowed.... if a dry cleaner lost your expensive coat could they refuse compensation if you hadn’t taken out ‘we lost your item’ insurance.

If the risk of a larger monitor being damaged is greater then of course it's reasonable.

shaun_from_Africa

Mr_Singleton wrote: »

It’s about reasonable.

I genuinely can’t think of any other service where this would be allowed.... if a dry cleaner lost your expensive coat could they refuse compensation if you hadn’t taken out ‘we lost your item’ insurance.

How about the UK government when you apply for a passport and they return your supporting documents:

If you don't opt for secure delivery (which includes insurance for loss), they won't pay out if your paperwork goes missing.

We cannot:
take responsibility or provide compensation for
any loss or delayed return of your supporting
documents when we return them by second class post and you have not asked for secure delivery

Mr_Singleton

Rosemary7391 wrote: »

I think few places deal with the volume and variety of items that couriers do

On a practical level I completely agree with you but that’s not how the law works. There’s 1 law that everyone large or small is bound by.

One of the largest dairy companies in the U.K. processes around 3.5 billion litres of milk a year. They can’t turn around and shrug because 10 litres of it poisoned 25 people.

There should be no difference between handling 50 parcels a day and 500,000.

Mr_Singleton

AndyMc..... wrote: »

If the risk of a larger monitor being damaged is greater then of course it's reasonable.

Agreed. But the item wasn’t damaged it was ‘lost’ which strays into maybe.... negligence, which is why I’m asking why would you have to insure against negligence.

Mr_Singleton

shaun_from_Africa wrote: »

How about the UK government when you apply for a passport and they return your supporting documents:

If you don't opt for secure delivery (which includes insurance for loss), they won't pay out if your paperwork goes missing.

I’m not a legal expert but again it comes down to getting the service that has been paid for ie getting from a to b.

AndyMc.....

Mr_Singleton wrote: »

Agreed. But the item wasn’t damaged it was ‘lost’ which strays into maybe.... negligence, which is why I’m asking why would you have to insure against negligence.

So the risk is greater with larger monitor therefore they don't cover them. So what don't you get?

AndyMc.....

Mr_Singleton wrote: »

I’m not a legal expert but again it comes down to getting the service that has been paid for ie getting from a to b.

He didn't get the service but isn't insured against it so loses out. You don't need to be a legal expert.