TOTUM - Tastecard pulled mid contract

DarkConvict

Hi,

I assume this is fairly open and shut, but wanted to gauge your thoughts.

I signed upto Totum Pro in April 2023 (3 years at £34.99), it explicitly included 3x 12 month memberships, where membership redemption codes are sent every year at renewal in April. Tastecard on its own, costs £79 a year or £7.99/month.

In January 2025, the Tastecard relationship with Totum ended, and Tastecard cancelled all memberships. This left Totum in breach on contract, as Tastecard wasn't just an included discount that could be added or removed, it was explicitly a line in the order, and confirmed in an email confirmation.

I had 16 months membership remaining, valued at £7.99, so £127 in total.

After two months of saying an update is coming. Their resolution is either a £9.99 refund, or to extend your Totum membership for 12 months (worth £15) and a £10 voucher (that they don't disclose, only works when spending £50+, at a very selected number of restaurants, none which I can access). .

I've refused both offers as neither come close to the value of the Tastecard membership. They state they can't reactivate the membership (which they can as Tastecard still exists). And they have gone radio silent ever since.

I take it next action is letter before action, giving them 14 days to reinstate the membership, before starting small claims court for the value of the membership (16 months @ £7.99 / month).

Given how many students use Totum, I'm surprised I've not heard more about it.

Exodi

Sorry, just so I'm clear: you paid £34.99 in total for 3 years Totum Pro membership - which you're 20 months into (so pro-rata'd you've used £20-ish and have around £15-ish left).

They've offered a £10 refund (but presumably you can keep your other benefits for the other 16 months) or an extension and voucher.

You expect to be reimbursed £127.84.

Do I have that right?

la531983

Plus you can't do a small claims court for theoretical losses. You haven't lost 16 x £7.99, at worst you are down about fifteen quid and at best you aren't down whatsoever.

eskbanker

Since OP refers to "3 years at £34.99" and also "16 months membership remaining, valued at £7.99", it seems to me that both are unit costs, i.e. £34.99 per year and £7.99 per month.

There's still some questionable value analysis there, but perhaps not as extreme as thought!

powerful_Rogue

eskbanker said:

Since OP refers to "3 years at £34.99" and also "16 months membership remaining, valued at £7.99", it seems to me that both are unit costs, i.e. £34.99 per year and £7.99 per month.

There's still some questionable value analysis there, but perhaps not as extreme as thought!

Totum Pro costs £34.99 for three years membership.

Ergates

DarkConvict said:

Hi,

I assume this is fairly open and shut, but wanted to gauge your thoughts.

I signed upto Totum Pro in April 2023 (3 years at £34.99), it explicitly included 3x 12 month memberships, where membership redemption codes are sent every year at renewal in April. Tastecard on its own, costs £79 a year or £7.99/month.

In January 2025, the Tastecard relationship with Totum ended, and Tastecard cancelled all memberships. This left Totum in breach on contract, as Tastecard wasn't just an included discount that could be added or removed, it was explicitly a line in the order, and confirmed in an email confirmation.

I had 16 months membership remaining, valued at £7.99, so £127 in total.

After two months of saying an update is coming. Their resolution is either a £9.99 refund, or to extend your Totum membership for 12 months (worth £15) and a £10 voucher (that they don't disclose, only works when spending £50+, at a very selected number of restaurants, none which I can access). .

I've refused both offers as neither come close to the value of the Tastecard membership. They state they can't reactivate the membership (which they can as Tastecard still exists). And they have gone radio silent ever since.

I take it next action is letter before action, giving them 14 days to reinstate the membership, before starting small claims court for the value of the membership (16 months @ £7.99 / month).

Given how many students use Totum, I'm surprised I've not heard more about it.

Yeah.... no.

You can't pay £35 for something then claim £127 back for less than half of it.

A_Geordie

Think you guys are being a little harsh here. Seems to me there are two things to consider:

1. If the paid membership specifically included a line item calling out explicitly 3 years worth of TasteCard membership then that seems straightforward enough to say that the TasteCard membership formed part of the contractual arrangement. The fact that the TasteCard membership cost more than the actual TotumPro membership is neither here nor there, the OP is entitled to 3 years worth of TasteCard membership according to the contract. That's assuming that there is nothing in the T&Cs for the paid membership that allows Totum to unilaterally cancel the TasteCard membership at any time, though there is a good chance it would be considered an unfair contract term. 

2. I would presume that the TasteCard membership via Totum would be the same version of TasteCard T&Cs that any one else would sign up to. I can't see anything on TasteCard's website that allows them to unilaterally terminate a membership part-way through because their partnership with another company has come to an end. Arguably, TasteCard have themselves breached the contract terms with the OP in relation to the current membership term.

At this stage, I am not entirely sure Totum are at fault or have even breached the contract with the OP (not yet, at least). Their obligation is to provide 3 x 12 month redemption codes, of which 2 have been provided. Again, I presume the terms would be the same end user terms every member enters into with TasteCard whether directly or indirectly through an affiliate but the OP needs to clarify that. So where's the breach from Totum since they have already done what they set out to do so far, which is to provide the code?

Totum have no control over the membership with TasteCard and it was them who in fact cancelled so really I think the breach of contract is with TasteCard and not Totum, for terminating the membership early and the OP should be put back in the position they would have been had the contract been performed.

If I read correctly, the OP has 1 more 12 month membership left from Totum and they would still be obligated to provide that 12 month membership irrespective of their relationship with TasteCard. That can be in the form of a redemption code or cash equivalent. Failing that, the OP could sue for breach of contract and claim the £79 that they were entitled to. 

Alternatively, OP can accept what has been offered by Totum or come to some other arrangement. 

DarkConvict

This is exactly why I posted this up, to get more feedback. It sounds bizarre to pay £34.99 to then sue for £129, but they can't just unilaterally refund mid contract, much like I can't cancel and get a refund.

I paid £34.99 for 3 years of Totum Pro, which included 3 years of Tastecard membership delivered as 3, 12 month codes. This was explicitly mentioned online, and in the email confirmation I got back in 2023. It's valued at either 3*£79 or 36*£7.99, depending on if you pay monthly or not. Obviously Totum get some great bulk purchase discount not available to the end customer, have we my purchase price is much lower than the RRP. I have no idea what they paid, that's hidden from me as I'm not involved in Totum/Tastecard contract.

I have no direct connection to Tastecard, bar redeeming codes given to me, as I paid Totum for 3 years of Tastecard membership.

I redeemed the 2nd code in April 2024, and it expired without warning, in January 2025. Tastecard immediately said the contract with Totum is over, go speak to them. And honestly I would agree, the code was provided by totum, and Totum are required to provide another one in a few days time.

Totum can't unilaterally change the contract and refuse to provide. They have partially provided the service, so I see it as they must still continue to provide the remaining 12 month code, plus the missing 4 months from the second code. Even if they refund in full, the principle of "loss of offer" applies to my knowledge.

Interestingly when it happened Tastecard offered a time limit sign up for £30 instead of £79, but totum were stone walling everyone at the time, so it couldn't be used because you didn't know if totum would cover that cost or resolve the issue and reinstate membership.

It's worse for others, complaints on Twitter have people who bought in December, pay for 3 years, then have it removed after just 1 month.

Imagine buying 12 months of gamepass ultimate for £40 from Argos, instead of the usually £14.99 a month, then Microsoft just cut you off after 3 months and they say speak to the retailer. The issue is with the retailer that sold it, not Microsoft. It's the same situation here.

DarkConvict

la531983 said:

Plus you can't do a small claims court for theoretical losses. You haven't lost 16 x £7.99, at worst you are down about fifteen quid and at best you aren't down whatsoever.

How am I not down, I paid £34.99 for 3, 12month codes. 1 code was cut short, and the 3rd not delivered at all. 

RRP of the code is £79. Or £7.99 if paid monthly. 

They terminated and owe 16 months of membership. It's not possible to buy a 16 month code.

DarkConvict

Exodi said:

Sorry, just so I'm clear: you paid £34.99 in total for 3 years Totum Pro membership - which you're 20 months into (so pro-rata'd you've used £20-ish and have around £15-ish left).

They've offered a £10 refund (but presumably you can keep your other benefits for the other 16 months) or an extension and voucher.

You expect to be reimbursed £127.84.

Do I have that right?

What I expect is the 16 months of Tastecard in my order to be maintained. The £127 is the current financial value of the loss, due to their breach, valued based on RRP monthly membership cost. I can't force them to provide membership (even though it's still available to buy), thus a monetary figure is required.

The Totum/Tastecard contractual fallout is outside my purview, all I have is an order for 3x12 month codes. One which was cut short by 4 months and the 3rd code not delivered. Totum as the retailer, in my eyes, are contractually bound to provide it, they can't unilaterally end it.

born_again

DarkConvict said:

Exodi said:

Sorry, just so I'm clear: you paid £34.99 in total for 3 years Totum Pro membership - which you're 20 months into (so pro-rata'd you've used £20-ish and have around £15-ish left).

They've offered a £10 refund (but presumably you can keep your other benefits for the other 16 months) or an extension and voucher.

You expect to be reimbursed £127.84.

Do I have that right?

What I expect is the 16 months of Tastecard in my order to be maintained. The £127 is the current financial value of the loss, due to their breach, valued based on RRP monthly membership cost. I can't force them to provide membership (even though it's still available to buy), thus a monetary figure is required.

The Totum/Tastecard contractual fallout is outside my purview, all I have is an order for 3x12 month codes. One which was cut short by 4 months and the 3rd code not delivered. Totum as the retailer, in my eyes, are contractually bound to provide it, they can't unilaterally end it.

What do Totum T/C say about situations like this where the other party pulls out?

While I get what you are saying. In effect you are only down the % your paid for the vouchers. Not what the actual product was worth. You are in effect looking for betterment, as you are never going to receive the service.
If you were looking at a chargeback, that would be the basis.

If Tastecard went bust you would be entitled to the same as now, the refund of the % of £34.99 If lucky. Totum could say that you can simply choose another co to redeem the voucher with.
If Totum went bust you would get nothing 🤷‍♀️