Who is responsible for compensation if a pet dies during transportation when placing an order through a mini program for pet shipment? Recently, the People's Court of Fengxian District, Shanghai concluded a dispute over a pet dog transportation contract and determined that the shipping platform, as a network information platform providing logistics resource services, has facilitated the transportation contract relationship between the pet owner and the actual carrier without any responsibility. It also ruled that the actual carrier, Ms. Le, should pay compensation of 9124 yuan. In July 2021, Mr. Liu placed an order through a WeChat mini program operated by a pet shipping company to handle pet shipping, and transported a French bulldog purchased for 10500 yuan from Shenzhen to Henan. When Mr. Liu placed an order, he checked and agreed to the terms of the transportation contract on the platform. The contract stipulates that the platform is a network information platform that provides logistics resource services. After pet owners successfully submit orders on the platform, pet carriers registered on the platform will provide them with subsequent pet shipping services. The pet carrier implements the platform's unified service specifications and is responsible for the quality of service during the service period. If a pet car is chosen as the transportation method, the pet carrier shall compensate the pet owner for the accidental death of the pet due to the transportation environment and service. The pet carrier shall pay three times the shipping cost (including the shipping cost) as the maximum compensation condition. Ms. Le, a pet carrier registered on the platform, accepted the order and provided a quotation. Mr. Liu immediately paid the platform a shipping fee of 688 yuan, and both parties agreed that the pet delivery method would be a pet car. However, during the transportation, Ms. Le unilaterally changed the transportation method from the original pet car to a bus for transportation, resulting in Mr. Liu's pet dog suffocating due to lack of air circulation upon arrival at the destination. Subsequently, Ms. Le paid twice the shipping fee to the platform, which was 1376 yuan. The platform then refunded the full shipping fee of 688 yuan to Mr. Liu and paid 1376 yuan to his account for compensation. Mr. Liu was dissatisfied with the handling results of the platform, and after negotiations were unsuccessful, he sued the Fengxian District Court and demanded that the platform company compensate 9124 yuan for pet losses. During the trial, the platform company disclosed Ms. Le's main information, and the court added Ms. Le as the co defendant in this case according to Mr. Liu's application. Later, Mr. Liu changed the lawsuit request and demanded that the platform company and the actual carrier Ms. Le jointly compensate for the loss of the pet by 9124 yuan. The platform company argues that it is an intermediary of the information service platform, and the relationship between Mr. Liu and the platform company is an intermediary contract, not a transportation contract. Mr. Liu's pet's death was caused by Ms. Le's unauthorized change of transportation method. The platform company has refunded the shipping fee as soon as possible and paid Mr. Liu twice the shipping fee as agreed in the contract. The platform company's obligations have been fulfilled. Ms. Le argued that Mr. Liu's pet had already experienced severe asthma before transportation, and Mr. Liu did not provide a health certificate issued by the veterinarian. Due to the lack of a direct pet car, Ms. Le did not inform Mr. Liu at the time and changed the pet transportation method to bus transportation. After Mr. Liu's pet died, Ms. Le did not collect the shipping fee and paid twice the shipping fee to the platform, which already meets the highest compensation standard of the platform. After the court heard the case, it was held that Ms. Le, as the actual carrier of the transportation contract, should bear the burden of proof for the exemption. Although Ms. Le argued that Mr. Liu's pet dog had passed through air before transportation
Edit：Wang Chen Responsible editor：Jia Jia
Source：rmfyb.chinacourt.org
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