Uber deliveries

Kezoe

Twice now in the space of a month my daughter has ordered a delivery from the local McDonalds. Both failed to arrive with the Uber delivery going straight from ordered to delivered in a few minutes. Obviously there is a scam somewhere and I note people on these forums are having similar problems. Uber say they refund but then don’t. McDonalds say it’s Ubers problem even though in my view the contract is with them but then McDonalds outlets are franchises and not owned by McDonalds themselves. So not the sort of people to be fleeced by this we’re going after them through small claims. But who do I go after? Uber? McDonalds? The local outlet manager as the representative of the franchisee?

JJ_Egan

Your daughter has ordered from Mc Donalds  or from Uber ??

Carrot007

McDonalds do not deliver.. They have delivery partners. You would need to go after Uber.

They really should be refunding when you point out the unrealistic timespan though.

Aylesbury_Duck

Kezoe said:

Twice now in the space of a month my daughter has ordered a delivery from the local McDonalds. Both failed to arrive with the Uber delivery going straight from ordered to delivered in a few minutes. Obviously there is a scam somewhere and I note people on these forums are having similar problems. Uber say they refund but then don’t. McDonalds say it’s Ubers problem even though in my view the contract is with them but then McDonalds outlets are franchises and not owned by McDonalds themselves. So not the sort of people to be fleeced by this we’re going after them through small claims. But who do I go after? Uber? McDonalds? The local outlet manager as the representative of the franchisee?

Your view is incorrect, your daughter's contract is with Uber because she ordered and paid through them, so it's Uber she needs to take it up with.

What's the value lost here?  If it's trivial, small claims court will probably not entertain it.  She could try a chargeback with her bank.

arthurfowler

Quick check here OP - are you sure that the pending amount hasn't just dropped off, rather than waiting for a refund amount on your statement? I know it may seem obvious, but if you are specifically looking at 'Paid In' in your account, you may not see it, if Uber never collected the payment. 

the_lunatic_is_in_my_head

Going back a bit but there was a thread here regarding a grocery delivery site with a similar theme where the terms implied you had a contract with them for the booking to introduce two parties, a contract with the driver for the delivery and had to deal with the shop if you had a problem with the goods.

If you look at Uber Eats they claim to offer a booking service and you have a separate contract with the person delivering. 

It would probably take a fine comb through the T&Cs to see who is actually liable for these problems, you can bet Uber will do everything they can to ensure it isn't their problem from a legal viewpoint.

user1977

If it is the restaurant which is liable, then it's the franchisee (which is almost invariably a local limited company, not the manager personally). Their details should be on a notice somewhere on the premises.