@Anonymous wrote:
@Aim_High wrote:
(5) Contractors and Merchants are Independent:
You understand and agree that DoorDash provides a technology platform connecting you with independent food service providers and others that provide the products offered through the Services (“Merchants”), and independent third-party contractors who provide delivery services (“Contractors”). You acknowledge and agree that DoorDash does not itself prepare food or offer delivery services, and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. Merchant is the retailer; the services offered by DoorDash pursuant to this Agreement do not include any retail services or any food preparation services. DoorDash is not in the delivery business nor is it a common carrier. DoorDash provides a technology platform facilitating the transmission of orders by Users to Merchants for pickup or delivery by Contractors. DoorDash will not assess or guarantee the suitability, legality or ability of any Contractor or Merchant. You agree that DoorDash is not responsible for the Merchants’ food preparation or the safety of the food or whether the photographs or images displayed through the Services accurately reflect the food prepared by the Merchants and/or delivered by the Contractor, and does not verify Merchants’ compliance with applicable laws or regulations. DoorDash has no responsibility or liability for acts or omissions by any Merchant or Contractor.
This is a great example of the consumer risks of third party services such as Door Dash. The consumer is left with little recourse when everyone passes the buck for responsibility. If a consumer ordered directly from a local restaurant, perhaps Bank of America would have reacted differently. In any case, placing blame on the bank for a Door Dash dispute is inappropriate.
I would suggest reopening the claim with Door Dash. Otherwise, the only other real option at this point is to treat this as a learning experience, not for what to expect from Bank of America but what to expect from Door Dash and that particular restaurant. So I would take my business elsewhere.
Wow, they are well covered! Most people who have heard of doordash would probably call it a food delivery service but no, it's merely a technology platform that connects, without guaranteeing legality of the transaction or safety of the product. And I guess users all pressed Accept at some point!
I assume the competitors are similarly covered. Anyone with deep pockets want to challenge the legality of this? Some creative tie-in to employee vs contractor argument which DD lost in MA and won in CA?
So maybe forgo the convenience and deal with restaurants directly? But I guess most responses here say that DD usually is helpful
A lot of app delivery services are, or have features that are, technically illegal in some areas. The legal strategy is essentially, "Make people come to depend on our services now, and force state and local governments into legalizing our business on our terms later."
As far as restaurant economics, last I checked restaurants got about 60% of the price of the food before fees. So if a customer buys food priced at $20 and pays another $8 or whatever in tips and fees, of that $28 about $12 may actually go to the restaurant. So they may not be super fussy about providing quality ingredient (or a full portion size) on an order they're barely breaking even on.
*I'd add that in my experience of contacting Uber Eats, I've always gotten a refund for a missing or incomplete item...but I did not get a refund for a correct order having spoiled when the delivery guy took two hours to drive less than 3 miles.
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