Foodora, Deliveroo & Co .: The legal situation with the new delivery services
Deliveroo, Take Eat Easy or Foodora – delivery services with a new concept are becoming increasingly popular in major German cities. The providers see themselves as intermediaries between restaurant and customers. But who exactly is responsible for the correct delivery? The German lawyer’s information explains what customers of delivery services should pay attention to.
So far, the classic model of food delivery worked like this: the customer ordered, over the telephone or the Internet, at the restaurant or supply chain of their choice. She then prepared the food and sent her with her delivery service to the already hungry waiting customers.
New suppliers such as Foodora, Take Eat Easy or Deliveroo are working on a different principle: They no longer produce their own food, but merely take delivery. They want to be an interface between restaurants that do not want to provide their own delivery service and customers who enjoy their meals from their favorite restaurant at home.
A coherent concept, but the division of tasks raises questions for customers: who is responsible for processing my order correctly? The restaurant I order or the service that delivers the food to me? Does the division of labor between food preparation and delivery affect the rights of the customer??
With whom do I conclude a contract as a customer when ordering via delivery services?
First and foremost, who is my legal contract partner for such a meal delivery? The new delivery services handle the orders via their own online platform. If you want to order from Foodora or Deliveroo, you can do so via the website of the provider. From there you choose an available restaurant, the food to be delivered and finally gives the order. Accordingly, the legal contract partner is explained – it is the delivery service.
How long do I have to wait until I can refuse an order for the delivery service??
The scenario is well-known: Hungry, the delivery service customer orders his order. But an hour later, the eaten food is still not there. Is there a limit on the delivery time, after which I no longer have to accept the late delivery?
According to lawyer Widder, legal protection is provided by specifying a specific delivery time or period of time: “For example, if I say to the delivery service: I would like to have the goods here until 2 pm and he accepts the order he also sticks to it. “In such a case, it would be no problem for the customer to refuse acceptance and to withdraw from the contract of sale. At least as soon as the agreed time window has been clearly exceeded.
If the customer does not specify a specific date, a withdrawal becomes more difficult. Then in case of doubt the proportionality decides: If a service indicates an average delivery time of 30 minutes, but has still not delivered after two hours, a resignation would be appropriate. If the conditions are less clear, customers need patience if necessary.
Do I have to complain directly to the restaurant if the food is inedible?
No, because its role as a contract partner, it is in the hands of the delivery service, not to deliver a defective product. Civil law expert and lawyer Jürgen Widder confirms this: “For the customer, the situation is such that he assigns someone and says: You should get me something on certain conditions.” The delivery service also give the legal basis, since it is him, the end get the money from the customer.
Therefore, the complaint management also runs via the delivery service. He assumes the warranty and is responsible for ensuring that the customer’s order is correctly forwarded. And in the end also receives a satisfactory product. Lawyer Widder makes it clear: “To say:” We only pass through “does not work in this case.”
Until when can I complain about an order??
Suppose the delivery service delivers on time and has the right order. But while eating, it stands out: “This food is completely over-salted.” – Do I have to complain immediately? According to civil law expert Aries, “If I ate the pizza and then say I did not like it, I have a problem of proof.” The sooner the customer complains about the delivery service, the more chance there is for repair.
Although the Distance Selling Act theoretically gives a right of withdrawal of up to 14 days in the online purchase – but not in the purchase of food. So if the pizza is only biting and the customer turns to the delivery service with a complaint, he can deliver again. What in turn discusses this provider with the restaurant, which has produced the defective food, does not need to interest the end customer.
Conclusion: In case of problems, always contact the delivery service
No matter where exactly the defect lies now, in the delivery or the order itself. The contact person of the customers of delivery services such as Deliveroo or Foodora, is always the service itself. He takes the responsibility for a correct delivery and has to stand up for it.
Non-competition clause in employment contract: what is allowed? No boss wants to let good employees go – certainly not if this employee is highly…
Terms and Conditions (GTC) 1. Preliminary remark Dear customer, please pay attention to the information below. Here are some explanations of important…
Terms and Conditions (GTC) Travel conditions of DER Touristik Deutschland GmbH (As of: October 2019) The following provisions are, as far as agreed…