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.