UBER EATS ADDITIONAL MARKETPLACE FEE TERMS

Starting on 3 October 2022, on the basis of clause 7.1.2 of the General Terms of Use, for UBER EATS a fee for connection services (the “Marketplace Fee”) for certain orders will be introduced. The Marketplace Fee will apply to all orders for Merchant Deliveries placed in the Netherlands. By requesting a Merchant Delivery, you confirm that you accept these Additional Marketplace Fee Terms (the "Terms"). The Terms will then apply to all subsequent orders.

When we use the term “Uber Eats App” in these Terms, that term includes any website, application or other technology interface made available by Uber to customers of the Merchant, on a royalty-free basis, to purchase Items and, if applicable, Delivery Services from Merchant.

1. Merchant Deliveries
   1. Once you have registered an Uber account, accepted the Terms, and been provided access to the Uber Eats App, you may place orders for food, beverages and/or other products (“Items”) with merchants (“Merchant”). You may request that Items be delivered by the Merchant ("Delivery Services").
   2. Your Items may be delivered either by Uber or by the Merchant (“Merchant Delivery"), depending on the Merchant you have selected.
   3. The Marketplace Fee applies to Merchant Deliveries only. It does not apply to other Delivery Services or pickup requests.
2. Marketplace Fee
   1. The Marketplace Fee is a charge for connection services, paid by you to Uber to place an order for Merchant Delivery.
   2. The exact amount of the Marketplace Fee will be communicated to you before you place your order.
   3. The Marketplace Fee will be communicated in Euro and include VAT.
   4. You are free at all times to request or not request Merchant Deliveries.
   5. Once the preparation has begun, you will no longer be able to cancel and you will be charged the Marketplace Fee.
3. Payment
   1. In the case of a Merchant Delivery, you will receive two receipts, one from Uber on behalf of the Merchant, for the sale of both the Items and the Delivery Services, and one from Uber for the Marketplace Fee.
   2. If a Merchant Delivery fails for reasons attributed to you (for example, you did not answer when your Items were delivered to you) you will be charged the Marketplace Fee.
   3. If a Merchant Delivery fails for any reason not attributed to you, you will be entitled to a refund of the Marketplace Fee.
   4. You shall pay the Marketplace Fee via one of the payment options (which will always include credit or debit card) as offered by Uber from time to time.
4. Governing Law and Jurisdiction
   1. These Terms and all non-contractual legal relations arising in any way whatsoever between Uber and you shall be governed by, construed and take effect in accordance with the laws of the Netherlands excluding the Vienna Convention.
   2. If the mandatory statutory consumer protection laws in your country of residence contain provisions that are more beneficial to you, such provisions shall apply.
   3. Customers may bring any judicial proceedings relating to these Terms before the competent court of their place of residence or the competent court of the Netherlands.