Delivery services and consumer protection [1.2818]

Abstract

In order for the consumers to contract delivery services from companies such as PedidosYa, Rappi or Ubereats, they must accept non-negotiable terms and conditions proposed unilaterally by the supplier.  Therefore, the consumers are in the position of either accepting them and making use of the platform, or rejecting the conditions and, consequently, the services offered. The content of these clauses, which are part of an adhesion contract, could be considered abusive, since they correspond to some of the grounds for abusiveness contained in Article 16 of the Consumer Protection Law. For this reason, once the quality of supplier of these companies has been established, the clauses that could be considered abusive will be examined and qualified, and a possible solution will be sought to this disadvantageous situation to which thousands of consumers are exposed on a daily basis.