Takeaway disaster

pg2114

Hello all,

I am in a rather difficult situation, unfortunately, so I would really appreciate your assistance.

Yesterday evening, I ordered a takeaway through Just Eat for delivery by a local takeaway restaurant. The order was placed wholly on the Just Eat website and they are the ones who have debited my card.

It's a long story, but the delivery driver managed to cause some pretty serious damage to my driveway, which needs to be repaired somehow. Whilst sorting the issue out with the driver for nearly an hour, my takeaway went stone cold and inedible.

I complained to Just Eat, who sent the takeaway manager to my house with a replacement meal. The manager, who was very pleasant indeed, took photographs of the damage and apologised, but avoided the topic of repairing the driveway back to its original standard.

Once again, I have complained to Just Eat and they are adamant that it is the takeaway's responsibility to repair the damage. They are quoting the following clause of their terms and conditions:

3.3 - In the event that you have a complaint about the quality of food or service provided by the restaurants on this Website then any compensation should be sought directly from the restaurant. JUST-EAT is not able to provide refunds on behalf of the restaurants and is not liable for any such refunds sought

I still believe that Just Eat are responsible, since I paid and contracted them to deliver the takeaway, but who is legally responsible and why, please?

Thank you very much indeed!

amus

You didnt mention whether you had contacted the manager of the takeaway since to discuss them paying for the repair? I would say if Just Eat are stating in their terms and conditions that they are not liable for the restauraunts you wont get anywhere trying to get compensation from then. Your best bet would be correspondance directly with the takaway manager I would think.

System

First of all sorry to hear this, nothing is more annoying than when some idiot damages your property. However theres no way that Justeat are going to be liable to pay for this damage. The damage was done by the delivery driver of a takeaway firm so it is them that are responsible. If you ordered an item from Amazon and when Royal Mail delivered it to your house damaged a part of your property then there is no way that Amazon would fix the damage, your claim would be with Royal Mail. There are lots of complaints on this forum about Just Eat as I think people get confused with what Just Eat are. They just provide a service to let you order food over the internet, they are not personally responsible for either the food or the Takeaway that provides the food. Your complaint is with the takeaway firm so i would get a few quotes to fix the damage and then send the bill to the takeaway firm, if they won't pay then its time for the small claims court I would think

fthl

weird one. I think perhaps the takeaway is liable for the damage in negligence and just eat might be liable in contract - but I think that might be a tough one. You've paid them and so they need to provide the service with reasonable skill and care.

zppp

Not another. I suggest you read this, it may give you some appropriate advice about Just Eat's liability;

https://forums.moneysavingexpert.com/discussion/3004710

pendulum

This is a very easy one, the driver is responsible, and should have insurance to cover the damage. He is supposed to have 'business car insurance' if he is acting as a takeaway delivery driver, but even if he has normal Social Domestic & Pleasure or similar, it will still cover you for the loss you've suffered. How much is the damage? It is possible he'd offer to pay rather than claim if you started asking questions about whether he was covered for business use etc, as he will rightly think he could be in trouble if not properly insured.

There is no way Just Eat are responsible for this, your totally barking up the wrong tree there. If you sued them they'd almost certainly defend and they would win. They weren't negligent, they couldn't possibly have known the takeaway would send someone to crash on your driveway.

fthl

I'm not so sure that 'there is just no way Just Eat are responsible'. it might be the case, but I'd like to see a proper argument as to why a claim in contract or agency would fail.

gordikin

What/how was the damaged caused?

HappyMJ

fthl wrote: »

I'm not so sure that 'there is just no way Just Eat are responsible'. it might be the case, but I'd like to see a proper argument as to why a claim in contract or agency would fail.

Just-Eat is acting as an agent and is in no way responsible for the drivers of takeaways nor are they responsible for the takeaways themselves. The driver should have insurance hopefully covering business usage. If not, it's a criminal offence of driving without insurance. That insurance should cover the driver's negligence in any third party action. If the insurance won't pay then launch a civil claim against the driver. They usually are self-employed so even the restaurant won't be liable.

Crazy_Jamie

fthl wrote: »

I'm not so sure that 'there is just no way Just Eat are responsible'. it might be the case, but I'd like to see a proper argument as to why a claim in contract or agency would fail.

Because Just Eat are acting as agents of the takeaway, not the other way around.

fthl

I don't do agency - it is not something I know a great deal about so I'm happy to be corrected, but isn't an agent liable to each party? What makes them agents and not just a company that is subcontracting?