Missed Nat Ex Coach due to Uber

dave18

Before I file my complaint to Uber wondered if people can help me distill the key points to include based on the below situation.

On Saturday had a coach booked from Birmingham to London departing 07:15. Requested Uber at 06:30 for 3 adults a baby. Journey estate of 8minutes on Uber app. No luggage only a wheelchair and umbrella baby stroller. Both easily fit in our Skoda fabia boot.

First tried Uber special assistance, none available. 2nd tries Uber std size, driver refuses to load pram. 3rd attempt,Uber XL,driver arrives at 06:55, comfortable can make our coach. Driver then takes a route that looks like a spiders web, arriving at 07:25. We then had to purchase new coach tickets at £65. Uber have already refunded the fare itself but refusing new coach fare costs.

RefluentBeans

Personally, I think you’ll struggle. Most of these User Agreements will have a caveat for not being responsible for consequential losses. If you persist, you may get some Uber credit on your account as ‘go away’ money, but I don’t know how much they can be held responsible for consequential losses. 

Aylesbury_Duck

dave18 said:

Before I file my complaint to Uber wondered if people can help me distill the key points to include based on the below situation.

On Saturday had a coach booked from Birmingham to London departing 07:15. Requested Uber at 06:30 for 3 adults a baby. Journey estate of 8minutes on Uber app. No luggage only a wheelchair and umbrella baby stroller. Both easily fit in our Skoda fabia boot.

First tried Uber special assistance, none available. 2nd tries Uber std size, driver refuses to load pram. 3rd attempt,Uber XL,driver arrives at 06:55, comfortable can make our coach. Driver then takes a route that looks like a spiders web, arriving at 07:25. We then had to purchase new coach tickets at £65. Uber have already refunded the fare itself but refusing new coach fare costs.

I can't see you have any claim for consequential losses here.  Putting a request out for a taxi just 45 minutes ahead of the deadline was risky.  What are the terms of Uber's service?  Do they guarantee anything?  Anything about drivers able to exercise discretion over whether to take the fare?  Anything about journey time estimates being only estimates and the journey time being at the customer's risk?  Anything about consequential losses?

user1977

I can't see any claim for consequential losses working - if you were heading to the airport and missed your flight, would you expect £x,000 from the taxi company for your new ticket etc? 

SiliconChip

I take a different view. Several years ago I booked a taxi to take me to the station to catch a train to London to connect with Eurostar to travel to Brussels. The taxi went to a different pick up location, one that I had used before with that company but not the one that I'd specified when making the booking. When the driver eventually turned up at the right location is was too late to catch the train I had a ticket for and I had to buy a new one (fortunately I just made it in time to catch the Eurostar).

I wrote to the taxi company asking them to refund the replacement ticket cost. When I had no response I sent a LBA, and when that didn't work made a MCOL claim. They didn't submit any defence so I was awarded judgement. It was only after instructing baliffs that the company finally responded and eventually paid the ticket cost, all the fees that I'd paid, and an extra £50 for the inconvenience.

Aylesbury_Duck

SiliconChip said:

I take a different view. Several years ago I booked a taxi to take me to the station to catch a train to London to connect with Eurostar to travel to Brussels. The taxi went to a different pick up location, one that I had used before with that company but not the one that I'd specified when making the booking. When the driver eventually turned up at the right location is was too late to catch the train I had a ticket for and I had to buy a new one (fortunately I just made it in time to catch the Eurostar).

I wrote to the taxi company asking them to refund the replacement ticket cost. When I had no response I sent a LBA, and when that didn't work made a MCOL claim. They didn't submit any defence so I was awarded judgement. It was only after instructing baliffs that the company finally responded and eventually paid the ticket cost, all the fees that I'd paid, and an extra £50 for the inconvenience.

Isn't that quite different, though?  You booked a taxi, which then went to the wrong location.  In OP's case, he put out a request for an Uber, there was a lot of faffing about and he missed the coach.

Whether you had a consumer right to your consequential losses is debatable (I don't know the terms of the taxi firm you booked), but I see your situation as much more 'solid' than OP's, because of that distinct difference between booking and requesting.  OP might want to follow your example in the hope that Uber stumps up of course, but I don't see that they have a right to their consequential loss.  Surely the whole Uber-type model would fall apart if a company was liable for passengers' onward travel costs if the car they requested on an app a few minutes ago didn't get them to the station/airport on time?

Okell

dave18 said:

... On Saturday had a coach booked from Birmingham to London departing 07:15. Requested Uber at 06:30 for 3 adults a baby. Journey estate of 8minutes on Uber app. No luggage only a wheelchair and umbrella baby stroller. Both easily fit in our Skoda fabia boot...

Did you tell Uber what the purpose of the journey was (ie that you had to arrive in time to catch a 'bus) and that the luggage included a wheelchair? 

If you did, do you have evidence of telling them that?  (I haven't a clue how Uber works as I wouldn't touch them with a bargepole, but do you have a text, a 'phone call recording or something?)

Who chose the pickup time - you or Uber?

If you told them what the purpose of the journey was, and that they had to transport a wheelchair, and if you have evidence of telling them all that, and if Uber chose the pickup time, then I would argue that having to buy tickets for a later 'bus was not an indirect (consequential) loss, but a foreseeable and therefore direct loss and potentially claimable.

If that is the situation then I'd certainy suggest complaining to them and sending them an LBA if they don't pay up as I don't think this is as clear cut a case of indirect loss as others do.  If they still refuse to pay up you'd need to decide whether you wanted to sue them like @SiliconChip sued his taxi company.  It's a bit of a lottery whether you'd win or lose and even if you did win you might have problems collecting the cash.  

If they didn't know you were catching a coach, if you didn't tell them about the luggage requirements and if you chose the pickup time then that's definitely a consequesntial and you haven't a chance.  Depends how much they knew.

I use an excellent local taxi firm to travel to the rail station regularly.  They always ask if you're catching a train, what time does it depart, and if they think you haven't left enough time they'll tell you.  I suspect Uber don't work like that and it's one of many reasons I would n't use them

Okell

SiliconChip said:

I take a different view. Several years ago I booked a taxi to take me to the station to catch a train to London to connect with Eurostar to travel to Brussels. The taxi went to a different pick up location, one that I had used before with that company but not the one that I'd specified when making the booking. When the driver eventually turned up at the right location is was too late to catch the train I had a ticket for and I had to buy a new one (fortunately I just made it in time to catch the Eurostar).

I wrote to the taxi company asking them to refund the replacement ticket cost. When I had no response I sent a LBA, and when that didn't work made a MCOL claim. They didn't submit any defence so I was awarded judgement. It was only after instructing baliffs that the company finally responded and eventually paid the ticket cost, all the fees that I'd paid, and an extra £50 for the inconvenience.

I think you were right to sue them.

OK - so it was decided by default and no judge had to make a ruling, but it's interesting they couldn't be bothered to try to get the judgment set aside.

Maybe it wasn't worth their while defending it.  All the more reason to take them on...

user1977

SiliconChip said:

I wrote to the taxi company asking them to refund the replacement ticket cost. When I had no response I sent a LBA, and when that didn't work made a MCOL claim. They didn't submit any defence so I was awarded judgement. It was only after instructing baliffs that the company finally responded and eventually paid the ticket cost, all the fees that I'd paid, and an extra £50 for the inconvenience.

That's why you won, it doesn't prove you were legally in the right with your case...

saajan_12

Couple of points things went wrong, some of which wouldn't legally be claimable. 
1. The 1st and 2nd attempts didn't create a contract with Uber, as you were just requesting a ride, when they don't guarantee having availability let alone willing to take your luggage. 
2. Only from the 3rd attempt, you actually have a cab booking. The driver should take you on a reasonable route. Their T&Cs may limit your recovery to the cost of the Uber, but in my opinion if they grossly fail to do this, they should be liable for the damages resulting from that failure. 
3. Your loss is really just the £65 coach tickets, you would have had to pay for a taxi anyway, if all went well. If they've already refunded the taxi, what's the difference between that and the £65, as that's all you're really arguing for. 

Penguin_

Uber cars will always, in my experience, follow the route that their sat nav sends them. I have been in a couple & said "turn left here, it's quicker" & they are incredibly reluctant.