How the Uber and Uber Eats apps and websites work

Through the Uber and Uber Eats apps and websites, Uber group companies (“Uber”) allow you to request services from third-party providers or directly from Uber. These services are provided or made available under the brands of Uber, including Uber and Uber Eats.

Third-party providers are independent third parties, including transportation providers, couriers, restaurants or retail businesses, logistics providers and/or providers of other mobility services.

i. The Uber app and website giving access to transportation services

ii. The Uber Eats app and website providing access to delivery services

I. The Uber app and website giving access to transportation services

How the Uber app and website work

(a) Overview

Uber BV, a company incorporated under Dutch law and part of the Uber group, offers a technological platform that allows users of the Uber app and website to request transportation services provided by independent transport service providers ("Transport Service Providers").

Uber BV provides the technological platform through which users looking for transportation services can connect to Transport Service Providers available to provide the requested transportation service. Uber is not itself a transport service provider or a carrier. Any transportation services obtained via the Uber app and website are provided by Transport Service Providers.

(b) Transport Service Providers

Transport Service Providers offering their services on the Uber app and website are self-employed professionals with a contractual relationship with Uber. In order to register to provide transportation services on the Uber app and website (to the extent Uber is available in their city/region), Transport Service Providers must meet the legal and regulatory conditions governing access to their profession. In accordance with its legal obligations, Uber verifies certain documents and information of Transport Service Providers before allowing the Transport Service Provider to access the Uber app and website.

Failure by the Transport Service Provider to comply with its legal or contractual obligations may result in its loss of access to the Uber app and website. For example, if a Transport Service Provider no longer has the necessary authorisations under applicable law to provide transportation services, the Transport Service Provider will lose access to the Uber app and website. Similarly, our Community Guidelines, which all users of the Uber app and website (including passengers and Transport Service Providers) agree to respect, specify certain safety, quality or compliance rules, non-compliance with which may lead to loss of access to the Uber app and website.

Uber and Transport Service Providers may also exercise their respective right to terminate the contract that binds them by giving notice, which results in the delisting of the Transport Service Provider.

In all cases, Transport Service Providers use the Uber app and website if, when and where they wish and are not bound by any obligation of exclusivity. They can always choose to accept or reject a trip request.

(c) Allocation of trip requests to Transport Service Providers

When a trip request is made through the Uber app or website, Uber sends the request to a Transport Service Provider that is or is about to become available. For this, Uber selects a Transport Service Provider, with the aim of minimising the waiting time for all passengers located in the same geographical area. The Transport Service Provider is free to accept or refuse the trip request. In some cases, Uber may offer to send your trip request to specific drivers. After a Transport Service Provider accepts your trip request, you may withdraw your request, subject to a cancellation fee.

When the trip is ordered from an airport, the request is distributed among the drivers according to an electronic queuing system which works on the principle of 'first come first served'.

(d) Relationship between Uber and Transport Service Providers

In order to have access to the Uber app or website, Transport Service Providers agree to pay Uber a service fee (usually, a percentage of the price of the trip) after the provision of their services.

Uber has no ownership rights over Transport Service Providers. Other than the service fee paid on delivered services, Transport Service Providers do not make payment of any kind to Uber to gain access to or to make their offers available on the Uber app or website.

(e) Service provided by Uber

Uber BV provides access to the Uber app and website, which connects users looking for transportation services to Transport Service Providers available to provide the requested transportation service. This service of connecting users and Transport Service Providers via the Uber app or website is provided free to you.

Uber BV does not provide, purchase or resell transportation services. These services are provided by the Transport Service Providers directly.

By making a trip request through the Uber app or website, you agree to enter into a transportation contract directly with the Transport Service Provider, to which Uber is not a party.

(f) Payment methods

In the Uber app or website you can select which payment method you would like to use to pay for the transportation services used by you. This may include digital payment methods enabling you to pay the Transport Service Provider through the Uber app and website, such as credit card, Paypal or another digital payment method. Depending on the city in which you take your trip, you may also be able to pay the Transport Service Provider directly in cash.

Digital payments are collected and processed by Uber in the name and on behalf of the Transport Service Provider. These payment-related services are provided by Uber to the Transport Service Provider and enable the Transport Service Provider to receive payment under their contractual relationship with you.

(g) Dispute settlement methods

Uber provides you with customer service to deal with questions or requests you may have with respect to transportation services acquired by you through the Uber app or website. Notwithstanding the existence of this customer service, the contract for transportation services is established between the Transport Service Provider and you directly. Consequently, any dispute concerning the transportation service will be settled directly between you and the Transport Service Provider.

With respect to the Uber service (i.e. the service that connects users with Transport Service Providers via the Uber app or website), Uber may make available to users acting as consumers a mediation scheme for consumer disputes related to the Uber service with a view to their amicable resolution. Eligible consumers can also submit complaints about the Uber service to the European Commission’s online dispute resolution platform accessible here pursuant to Regulation (EU) No 524/2013 of 21 May 2013. Uber does not commit to using an online dispute resolution platform to resolve consumer disputes.

The provision of the Uber service (i.e. the service that connects users with Transport Service Providers via the Uber app or website) shall be exclusively governed by and construed in accordance with the laws of the Netherlands, excluding its conflict of law rules, unless, if you reside in the EU, the regulations consumer protection laws in your country of residence contain provisions that are more advantageous to you, in which case those provisions apply.

You can bring a legal action relating to the Uber service in a competent Dutch court. If you reside in the EU and act as a consumer, you may also bring a legal action relating to the Uber service in the competent court of your country of residence.

Ranking of mobility options

Uber may use certain parameters on the Uber app and website to rank the displayed order of the different mobility options available. These parameters are selected to optimise the user experience. The main parameters used for mobility option ranking include mobility options previously chosen by the user, popularity of products based on general demand, average arrival times for each available option, contextual factors (e.g. time of day and day of the week) and the availability of Transport Service Providers. These parameters are subject to change at any time.

Ratings and reviews on the Uber app and website

Reviews

Uber does not display the individual ratings associated with a particular trip and neither the Transport Service Provider nor the user can contact a person who left a particular review. Ratings and reviews for a user or Transport Service Provider can only be left by the account performing or receiving the transportation service (as applicable).

(a) By users

After each trip, users can rate the Transport Service Provider by giving a star rating ranging from 1 to 5 based on their trip experience. Individually awarded star ratings are not visible in the Uber app or website. Users can, if they wish, modify a star rating they have granted by consulting their trip history in the Uber app or website. A Transport Service Provider's average rating displayed in the app and on the website is calculated on the last 500 trips or all trips if the driver has made fewer than 500 trips.

If a user leaves 5 stars, they are invited to choose from a series of pre-recorded compliments which will be published on the Transport Service Provider's profile. The most frequently assigned comments are displayed first on the Transport Service Provider’s profile, in descending order. Users can add a pre-recorded compliment after the trip by consulting their trip history in the Uber app and website. Since these comments are pre-recorded, they are not subject to a review procedure.

In the past, users had the ability to leave a free comment about their trip experience. This was visible to the Transport Service Provider only, unless the Transport Service Provider chose to publish the free comment on their profile. Free comments are no longer available on the Uber app and website. As such, users can only leave a comment in the form of a pre-recorded compliment. Any legacy free comments published on Transport Service Providers’ profiles may still be visible.

Users do not receive any consideration in exchange for submitting reviews of their experience.

(b) By Transport Service Providers

After each trip, Transport Service Providers can rate users by giving a star rating ranging from 1 to 5 based on the trip experience. Individually awarded star ratings are not visible in the Uber app or website. A user's average rating displayed in the app and on the website is calculated on the last 500 trips or all trips if the user has made fewer than 500 trips. Transport Service Providers can, if they wish, modify a star rating they have granted by consulting their trip history in the Uber app and website.

Transport Service Providers cannot leave comments about users on the Uber app or website. Should Transport Service Providers wish to leave feedback about a user, other than a star rating, they can contact Uber Support.

II. The Uber Eats app and website providing access to food, beverage and grocery items and related delivery services

How the Uber Eats app and website work

(a) Overview

Uber provides a technology platform that allows users of the Uber Eats app and website (“Consumers”) to (i) place orders with restaurants and local businesses (collectively the "Partners") for food, beverage and grocery items (“Items”) and (ii) benefit from delivery services provided by independent couriers (the “Couriers”). In some cases, Uber purchases the delivery services from Couriers and sells those delivery services directly to consumers and in some cases Partners provide delivery services using Couriers directly engaged by the Partner.

Uber BV provides the technological platform through which Consumers looking for Items and related delivery services can connect to Partners and Couriers available to provide such services. Uber does not itself sell any Items to Consumers.

(b) Partners

The Partners whose offers appear on the Uber Eats app and website are professional businesses with a contractual relationship with Uber. Uber verifies certain documents and information from Partners before allowing them to offer Items for sale via the Uber Eats app and website.

Uber and Partners may exercise their respective right to terminate the contract that binds them by giving notice or in some cases, the contract will expire at the end of the specified term of the contract. Termination of expiry of a Partner’s contract results in the delisting of the Partner. In addition, failure by the Partner to comply with its legal or contractual obligations may lead to its loss of access to the Uber Eats app and website. For example, if a Partner no longer has the necessary permissions under applicable law to offer their goods for sale, they will lose access to the Uber Eats app and website. Similarly, our Community Guidelines, which all users of the Uber Eats app and website (including Consumers, Marketplace Couriers and Partners) agree to respect, specify certain safety, hygiene, quality or compliance rules, non-compliance with which may result in the loss of access to the Uber Eats app and website.

(c) Couriers and allocation of delivery requests

Couriers who are authorised to carry out delivery services on the Uber Eats app and website are either (a) self-employed professionals with a contractual relationship with Uber (“Marketplace Couriers”), or (b) individuals operating under contract with a specific Partner (“Partner Couriers”). In accordance with its obligations, Uber verifies certain documents and information from Marketplace Couriers before allowing them to activate their account. For Partner Couriers, the Partner is obliged to ensure that such individuals hold and maintain all necessary licences, permits, approvals and authority.

Failure by a Marketplace Courier to comply with their legal or contractual obligations may lead to the Marketplace Courier’s loss of access to the Uber Eats app and website. Similarly, our Community Guidelines, which all users (including Consumers, Marketplace Couriers and Partners) agree to respect, specify certain safety, hygiene, quality or compliance rules, non-compliance with which may result in the loss of access to the Uber Eats app and website.

Uber can exercise its right to terminate contracts by giving notice, which results in the Marketplace Courier’s deactivation. However, Uber is not required to give notice before terminating its contract with the Marketplace Courier, where:

(i) Uber is subject to a legal or regulatory obligation that requires it to terminate the Marketplace Courier’s use of its services sooner than the contractual notice period; or

(ii) the Marketplace Courier has breached its contractual obligations or the Community Guidelines.

Marketplace Couriers can terminate their contract with Uber at any time with no notice being required. In either case, the Marketplace Courier will no longer receive delivery requests.

Where Partners do not use Partner Couriers, once an order is placed by a Consumer through the Uber Eats app or website, Uber sends the delivery request to a Marketplace Courier who is or is about to become available. In any case, Marketplace Couriers use the Uber Eats app and website if, when and where they want and are not bound by any obligation of exclusivity. Marketplace Couriers can always choose to accept or reject a delivery request.

(d) Right of withdrawal

With respect to Items consisting of food or beverage, once you place an order with a Partner via the Uber Eats app or website, you cannot withdraw your order. Similarly, once an order has been placed, you are no longer able to withdraw any request for delivery services associated with the order.

With respect to Items consisting of non-food/beverage, you may request a refund in respect of your order within 14 days following receipt of it.

(e) Service provided by Uber

Uber provides a technological platform that allows Consumers to (i) place orders for Items with Partners and (ii) benefit from delivery services carried out by Couriers. Uber BV, a company incorporated under Dutch law and part of the Uber group, provides Consumers access to the technological platform. The Uber service that connects Consumers with Partners and Couriers is provided to you for free.

By placing an order through the Uber Eats app or website, you enter into a distance selling contract directly with the Partner.

The Uber Eats app and website gives you access to delivery services for Items ordered via the Uber Eats app or website. For this, Couriers collect the Items ordered from the Partner and deliver them to you, in exchange for your payment of delivery costs.

For delivery services provided by Marketplace Couriers, Uber will charge you delivery charges based on the rates that are in effect when the delivery is requested. For delivery services provided by Partner Couriers, the Partner will charge you delivery charges. Depending on the Partner, delivery costs may depend on, among other things, the amount of your basket and the distance between you and the Partner. Uber will communicate the applicable charges to you in the Uber Eats app or website before you confirm your order. All prices are in Euros and include VAT.

(f) Relationship between Uber and Partners

Uber has no ownership rights over Partners on the Uber Eats app or website.

In order to have access to the Uber Eats app and website, Partners agree to pay Uber a service fee (for example, a percentage of the Consumer's basket). In some cases, Uber may also require Partners to pay account activation fees.

Partners can also optimise their visibility on the Uber Eats app and website by placing paid advertising with Uber. The sponsored nature of a Partner's offer is highlighted by means of an explicit indication of the “Sponsored” type.

(g) Relationship between Uber and Couriers

Couriers do not make payment of any kind to Uber to gain access to the Uber Eats app or website.

(h) Payment methods

In the Uber Eats app you can select which payment method you would like to use to pay for the order and the related delivery service. This may include credit card, meal vouchers, Paypal or other digital payment methods. The available payment methods are displayed in the Uber Eats app or website before your order is confirmed.

Payment for the order is collected and processed by Uber in the name and on behalf of the Partner. These services are provided by Uber to the Partner and enable the Partner to receive payment under their contractual relationship with you.

(i) Dispute settlement methods

Uber provides you with customer service to deal with questions or requests you may have with respect to the Uber Eats app and website. Notwithstanding the existence of this customer service, the contract governing the sale of items purchased through the Uber Eats app and website is established between you and the Partner directly. Consequently, any dispute regarding the sale of items by the Partner will be settled directly between you and the Partner.

With respect to the Uber service (i.e. the service that connects Consumers with Partners and Couriers via the Uber Eats app or website), Uber may make available to Consumers a mediation scheme for consumer disputes related to the Uber service with a view to their amicable resolution. Eligible Consumers can also submit complaints about the Uber service to the European Commission’s online dispute resolution platform accessible here pursuant to Regulation (EU) No 524/2013 of 21 May 2013. Uber does not commit to using an online dispute resolution platform to resolve consumer disputes.

The provision of the Uber service (i.e. the service that connects eats with Partners and Couriers via the Uber Eats app or website) shall be exclusively governed by and construed in accordance with the laws of the Netherlands, excluding its conflict of law rules, unless, if you reside in the EU, the consumer protection laws in your country of residence contain provisions that are more advantageous to you, in which case those provisions apply.

You can bring a legal action relating to the Uber service in a competent Dutch court. If you reside in the EU and act as a consumer, you may also bring a legal action relating to the Uber service in the competent court of your country of residence.

Ranking of Partner offers

Uber may use certain parameters on the Uber Eats app and website to (i) rank Partner offers and (ii) determine whether a Partner is eligible to be listed in certain locations on the Uber Eats app and website. These parameters are selected to optimise the experience for all users of the Uber Eats app and website, including Partners, Couriers and Consumers.

The main parameters used for Partner ranking include seniority on the Uber Eats app and website, Consumer preferences (for example, from previous orders, searches or clicks), cuisine types, promotional offers, contextual factors (e.g. time of day and day of the week), past order experiences (based on, for example, reviews, order acceptance, and preparation time), availability, price, estimated delivery time, delivery area, certain criteria of a financial nature and any paid advertising that Partners may place on the Uber Eats app or website. These parameters are subject to change at any time.

Parameters are taken into account whenever Partner offers are displayed in the Uber Eats app and website, including in response to a Consumer’s search and on the homepage. Partners can optimise their visibility in the Uber Eats app and website by offering promotional offers, receiving positive feedback from Consumers and Couriers, and placing paid advertising. In the case of paid advertising, the sponsored nature of the Partner's offer is highlighted by means of an explicit indication of the “Sponsored offer” type.

Reviews and ratings on Uber Eats

(a) For Partners

After each order, the Consumer account placing the order can award the Partner a star rating ranging from 1 to 5 based on their experience. Individually awarded star ratings are not visible in the Uber Eats app or website. The average Partner rating displayed on the Uber Eats app and website is calculated from the ratings received over the last 91 days, from a minimum of 10 ratings received.

Additionally, the Consumer can give the dish ordered a thumbs up or thumbs down rating and/or choose from a series of pre-recorded compliments. This review is not published on the Uber Eats app or website and is only shared with the restaurant in question. As compliments are pre-recorded, they are not subject to review.

The Consumer can also leave a free comment, which is shared with the Partner as feedback, but is not displayed on the app or website. These comments are not subject to review.

Consumers who have placed a minimum number of orders from a particular Partner within a set period of time (e.g. three or more times in the past year) can leave a free comment in the form of a “story highlight”. These highlights are displayed on the Partner’s store page and are visible to other Consumers. Stories are subject to Uber’s review and any that do not comply with our Community Guidelines, contain offensive or inappropriate content, are not in the primary language for the relevant country or do not otherwise meet internal standards are not published. All small to medium Partners can participate in the stories feature free of charge, unless they opt-out.

Consumers do not receive any consideration in exchange for submitting reviews of their experience.

(b) For Couriers

After each delivery, Consumers and Partners can give a Marketplace Courier an anonymous thumbs up or thumbs down rating, depending on their experience. The average satisfaction rate indicated on the profile of the Marketplace Courier is calculated on the last 100 reviews received or all the reviews received if the Marketplace Courier has received less than 100. The satisfaction rate is indicated as soon as the Marketplace Courier receives at least 10 reviews.

If a Consumer leaves a positive review (thumbs up), the Consumer is invited to choose from a series of pre-recorded compliments, which are published on the Marketplace Courier’s profile. The most frequently assigned compliments are displayed first on the Marketplace Courier’s profile, in descending order. As compliments are pre-recorded, they are not subject to review.

If a Consumer leaves a negative review (thumbs down), the Consumer is asked to provide the reason by selecting a pre-recorded reason. This review is not published on the Uber Eats app or website and is only shared with Uber.

Consumers do not receive any consideration in exchange for submitting reviews of their experience.