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I've recently used a "service" app. It connects handypeople / cleaners to users and facilitate the transaction.

The App confirmed the appointment and took payment. 55 minutes before the appointment was due take place they cancelled it.

I lost a day's wages and travel expenses. I've asked for them to take ownership and cover my losses with a GOGW a nominal £50 (this was less than my actual losses)

If I had cancelled in that time frame or not been there to let them in they would have charged me.

They've replied that in their TOS they've covered this basically saying they wont be liable. Can a TOS override what I consider to be basic contract law?

Would I have a case in the small claims court?

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TOS are a contract. If you have a contract through the App, you have incorporated the TOS as a term of your contract.

Contracts mean what they say they do, what you are thinking of as "basic contract law" is actual just an ordinary and customary term that people in your industry usually make a part of the contract, not contract law itself.

  • When I used to get paid to draft TOS and EULAs, for consumption by the laity, I sometimes went out of my way to point out that this is the "contract", in its entirety, expressly excluding any other representations or agreements to the contrary, notwithstanding the already ubiquitous parol evidence rule. – Upnorth Dec 13 '17 at 4:28
  • So in in answer to my question I don't have a leg to stand on? They define the rules that I agree to by using the services? Don't certain laws override these? Like don't certain EU laws take precedence regardless of their TOS? – Chris Dec 13 '17 at 12:22
  • @Chris None of the laws that would be implicated in the OP fact pattern (which if they existed would not be contract laws) would override a TOS. – ohwilleke Dec 14 '17 at 6:45

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