[pct-l] Mail

[Vermilion Valley Resort]

Timothy,

I agree with everything you've said previously regarding this subject.  
I marvel at the decision of the folks at the Cafe to accept packages and 
open them WITHOUT requiring that the packages be addressed to them... I 
would hope for THEIR sake that they rethink that policy - I'm of the 
same opinion you are that it leaves them legally liable, and I also 
believe (as you obviously do) they ARE doing a great service for the 
hiking community.

I will also address the circumstances of VVR opening packages as you've 
now raised it.

We've already determined in this discussion that the law is that you are 
not allowed to open another person's mail IF you have obtained in from 
the postal service, or authorized storage (such as a mailbox) PRIOR to 
it having been delivered to that person (18 USC Section 1702)

We've also determined in this discussion that sending something to a 
particular person IN CARE OF ("c/o") another person or entity does not 
give the "IN CARE OF" entity the right to open the person's mail.

In the case of VVR, however, we have two separate delivery addresses:

1.  For UPS, the address is "VVR, c/o Rancheria Garage".   This means 
that you are sending your resupply to VVR... and that UPS is dropping it 
off at Rancheria.  Rancheria will only allow VVR (and it's authorized 
agents) to pick those resupplies up, as VVR is the recipient... NOT the 
hiker.

2.  For USPS, the address is "General Delivery, Mono Hot Springs, c/o 
VVR".  Again, the recipient is VVR, and not the hiker.  Mono Hot Springs 
is an official post office, so IF the hiker were to send to "General 
Delivery, Mono Hot Springs, c/o <hiker name>", then ONLY the hiker would 
be able to pick up the package.  To allow VVR (and it's authorized 
agents) to pick up the package at Mono Hot Springs and carry it to VVR, 
it MUST be addressed to VVR.

In both cases, we ask that the hiker put their name and estimated 
arrival date somewhere on the resupply package, but NOT in the address.

Therefore, in BOTH instances, VVR is actually the addressee of the 
package.  It is therefore, completely legal for VVR to open these 
packages once they are delivered to VVR (or picked up by VVR), as they 
are, in fact, addressed to US.

However, in practice, we do not open these packages until they are at 
least 30 days past the expected pick-up date, AND the hiker has not 
contacted us as to disposition of the package.  This is clearly stated 
on the resupply page of our website.  In short, if you send a package to 
US, you agree to our rules.

And of course, we aren't going to be opening packages simply to open 
them, or to check for drugs, or for any other reason.  We are providing 
this as a SERVICE to the hiking community (albeit a paid service), and 
we simply want to get the package and deliver it.  We'd be perfectly 
happy if a hiker NEVER abandoned a package for us to deal with!

Finally to prevent us from ever opening your package, you can either:

1.  Pick it up on time, within the 30 day window
2.  Contact us if you aren't going to make it, and give us instructions 
as to the distribution of the package:
     a.  Pay us to have it shipped back to you.
     b.  Pay us for the storage and ask us to put some (or all) into the 
hiker barrel, or ship some back to you and sell the rest, or any 
combination thereof.
     c.  Allow us to open the package and do what we want with the contents.
3.  Do nothing, and we will open the package 30 days after your 
estimated arrival date and handle the contents at our discretion (which 
might include putting some or all of contents into the hiker barrel, or 
selling what we can to recoup the lost cost of storing the package).

If we were to not implement this policy, we'd end up with MANY resupply 
boxes at the end of each season, and HUNDREDS over the course of just a 
few years.  Since we don't collect monies for resupply until the hiker 
picks up the package, we have no ability to return abandoned packages!

So, I hope that satisfactorily answers your question, and any others 
there might be out there.

Oh, and I guess since it's a new year, and a new group of hikers, it's 
once again time that I address the old myth that we take stuff out of 
the hiker barrels and sell it in the store:  WE DON'T, and WE NEVER 
HAVE.  It's one of those urban myths... probably arising from a 
miscommunication years ago about us taking things out of RESUPPLY 
PACKAGES once they have been abandoned...

Bill Richardson
Webmaster, VVR


Timothy Nye wrote:
> To me, this appears to be a most remarkably one sided view; an us vs. them
> posistion that considers only hikers as 'us' and all others being 'them';
> even those who are going out of their way to provide assistance to hikers.
>
> I stand by my previous two posts.
>
> This is a matter of civil law, not criminal, between the bailor and bailee.
> There may or not be criminal sanctions, but these would arise between the
> postal service and the bailor, that is the cafe.  However, the applicability
> of the postal service regulations would be subject to the contractual
> arrangements between the parties.
>
> Oral contracts are valid; but generally subject to the Statute of Frauds
> (able to be completed within one year's time) and contracts may further be
> implied as evidenced by the conduct of the parties.
>
> Finally, why is this a big deal other than some inchoate abstract
> principle.  Yes, if someones sending drugs through the mail or wanted to and
> this frustrates them, then it would matter to them.  Otherwise, pick up your
> packages, eat your Jose burgers ( and also order two to take with you for
> that night's dinner), and get on with the hike.
>
> (This thread opens up a whole different can of worms for VVR when they would
> open up hiker's packages and then resell the contents..now there is a law
> school exam question!)
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