Is This Quote Fair?

Spectralis

I just received a text from AnyVan detailing the collection and delivery times. So they are involved in the whole transaction after the booking regardless of what they claim in their T&C's.

GingerTim

Or, more prosaically, they manage the booking system for the drivers/companies they facilitate, as you would expect.

Alderbank

Spectralis said:

PHK said:

Personally, I always read terms and conditions so never have any nasty surprises. But just because you didn't read them doesn't mean you didn't agree to them or that the other party has done something wrong.

I'm never sure why people ask for advice but then argue with the answers. Even though they consistently say the same thing. Then move away from their case to a more general position.

But perhaps I haven't made myself clear, can a company put anything in the T&C's and absolve themselves of any responsibility? 

The short answer is no.

With any contract the T&Cs must be agreed by both parties before the contract is made. They can't be unilaterally changed by either party once the contract is agreed.
Be aware that several formal steps must be gone through before a contract is legally made. Much of what we have discussed here is at the 'invitation to treat' stage where the contract has yet to be made.
If the trader has included any contract terms which are legally 'unfair' in a consumer contract those terms can be ignored by the consumer.
There are some terms which the trader can never include, for example they can't try to take away your consumer rights or say that you cannot claim for injury if they are negligent.

There is no indication here that Anyvan tries to change terms post-contract or that any terms are Unfair.

cymruchris

Now that I also see how their business model works (I hadn't heard of it earlier) - it's very likely that when you put in for your first quote - someone who had a van available with let's say 3 cubic meters of luggage space (A VW Caddy) who calculated your goods to be 2.8 cubic meters put in a quote and you accepted it.

You then went back and said I want to move this and not that - and the calculation (For the sake of argument was 3.5 cubic meters of stuff. Mr (Or Mrs) VW Caddy couldn't take you anymore, as although 'it was just a little bit more stuff' there just wasn't the capacity in the van - so would have declined the change.

The 'job' I imagine would then have been opened to others and Mr (or Mrs) Luton Transit van with their partner with a capacity of 15 cubic meters were the only other subscriber with available capacity in your timeframe quoted for the job - you'd be paying for that 15 cubic meters of the Transit rather than the 3 cubic meters of the Caddy even if you've only got an extra box and a folding table. You've likely gone over the 'limit' of the original carrier - but the next carrier size up has offered a new price based on their vehicle and availability.

Of course you might have got a quote of only £X from somewhere else - but if that business model relies on the same train of thought, it would be likely that Mr (or Mrs) Toyota Hiace with 5 cubic meters of capacity with just the driver (So enough capacity for your job - but a smaller vehicle than Mr Transit above) quoted so came in cheaper.

Have you seen the price match policy in their terms and conditions? Did you contact them in relation to that when you got your cheaper quote for transporting the same goods over the same route?

Spectralis

GingerTim said:

Or, more prosaically, they manage the booking system for the drivers/companies on their books, as you would expect.

Which makes them responsible for fulfilling the contract? If I cancel within 48 hours I forfeit 50% of my payment. AnyVan apply that condition not their sub-contractors.
If the driver doesn't turn up do I have to contact the removal company or AnyVan for a refund? AnyVan can't have it both ways, penalising me for breach of contract as well as claiming the contract is between me and the removal company in their T&C's.
I'd like to clarify whether that contradiction is undermining my consumer rights?

GingerTim

Spectralis said:

GingerTim said:

Or, more prosaically, they manage the booking system for the drivers/companies on their books, as you would expect.

Which makes them responsible for fulfilling the contract? If I cancel within 48 hours I forfeit 50% of my payment. AnyVan apply that condition not their sub-contractors.
If the driver doesn't turn up do I have to contact the removal company or AnyVan for a refund? AnyVan can't have it both ways, penalising me for breach of contract as well as claiming the contract is between me and the removal company in their T&C's.
I'd like to clarify whether that contradiction is undermining my consumer rights?

I don't see a contradiction, AnyVan are basically Uber for removals. They provide the technical infrastructure and platform, collect cancellation fees on behalf of the drivers using their platform, and take their cut for doing so.

Spectralis

I don't use Uber but if I book a car and it doesn't turn up do I request a refund from Uber or the driver?  If the driver turns up and I'm not there waiting the driver still receives my booking payment via Uber? If I damage the drivers car or I'm injured during the journey because of the drivers irresponsibility who handles compensation, Uber or the driver?

The question I'm asking is what are my consumer rights in that situation? If I book a theatre ticket and the production is cancelled on the day who's responsible for issuing the refund? It's not a great analogy but if companies impose rules without making them prominent and understandable when paying for a service then what are my rights?

cymruchris

Spectralis said:

I don't use Uber but if I book a car and it doesn't turn up do I request a refund from Uber or the driver?  If the driver turns up and I'm not there waiting the driver still receives my booking payment via Uber? If I damage the drivers car or I'm injured during the journey because of the drivers irresponsibility who handles compensation, Uber or the driver?

The question I'm asking is what are my consumer rights in that situation? If I book a theatre ticket and the production is cancelled on the day who's responsible for issuing the refund? It's not a great analogy but if companies impose rules without making them prominent and understandable when paying for a service then what are my rights?

As I mentioned in a previous post, did you get in touch with them with the details of the cheaper quote you'd received to see if they could amend it as per their price match policy from their terms and conditions?

powerful_Rogue

5 pages of the same thing being repeated. If you don't believe anyone on here @Spectralis , then get paid legal advice for a 'definitive' answer.

Spectralis

https://www.businesscompanion.info/en/quick-guides/services/supplying-services#Whatisatrader

"If you are a trader that allows another person to act in your name or on your behalf you would still be responsible for those contracts - for example, if you employ people to make contracts for selling cars to your customers or you sub-contract with someone else to supply labour when building a wall."