After a serious accident with Uber, the victims cannot go to court. The underage daughter had accepted questionable terms and conditions when ordering food.
Munich/New Jersey – Contracts should always be read carefully – including the small print. In reality, however, many people don’t do this. The drastic consequences this can have can be seen with Uber Eats. “Eat first” is the well-known advertising slogan in Germany, but you should read the terms and conditions carefully before ordering.
Minor daughter accepts terms and conditions – mother is therefore not allowed to sue after accident
In the USA, an underage girl ordered food via Uber Eats using her mother’s cell phone and had to agree to the supplier’s new terms and conditions – and they are tough. Among other things, they contain an arbitration clause that states that you are not allowed to sue Uber. With the General Terms and Conditions (GTC) introduced in 2021, customers waive their right to a jury trial and to a class procedure. The girl’s mother now experienced this firsthand.
A few months later, the mother and her husband took a ride with Uber, which also includes Uber Eats. The provider continues to expand on the market; Uber now even works with taxi companies. On the journey there is an accident in New Jersey in which both the mother and her husband are seriously injured, reports Heise. The woman is said to have been unable to work for a whole year. In order to obtain compensation for damages and pain and suffering, the couple sues the driver and everyone involved, but the lawsuit is dismissed because Uber relies on the terms and conditions. Even the husband who has not accepted the terms and conditions should not be allowed to sue.
Uber invokes the terms and conditions – and dismisses the incapacitated mother’s lawsuit
According to the couple’s account, the terms and conditions were agreed to by the underage daughter on the mother’s cell phone without being read. In it, the minor also confirmed that she was of legal age herself. When the mother gave her daughter the cell phone, she is said to have acted with the mother’s knowledge, so that the clause was binding.
The arbitration clause also claims to bind third parties, whether plaintiff, defendant or, in this case, the husband who has not accepted the terms and conditions himself. An arbitrator should now decide whether this is really valid for the husband, or at least whether the husband can file a lawsuit. But the company itself is not above the law; Uber was recently fined millions for transmitting driver data. (kiba)
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