'Deliveroo won't refund me for wrong McDonald's order'

Do you have an issue you need put right? Which? is here to help get your consumer problems sorted.

Dear Which?,

I ordered a McDonald’s takeaway for me and my kids via Deliveroo. But when the £36 order arrived, only one drink and one set of chips were included.

The vast majority of my order - including the three Happy Meals for my kids - was missing. The drink had spilled all over the chips, too.

Not wanting to wait for another delivery, I drove to my local McDonald’s and reordered the food. 

I then filled out Deliveroo’s missing items form, but was disappointed when it replied saying it was unable to provide any compensation, with no clear explanation why.

Will you help me get my money back please?

Anne-Marie

Put to Rights

Hannah Downes, consumer rights expert at Which? says:

Takeaways should offer convenience, so it's always frustrating when a failed food delivery leaves you out-of-pocket and (still) hungry.

Which? contacted Deliveroo on Anne-Marie’s behalf and it then refunded her in full. It told us it’s committed to providing the best-possible service.

We often hear from consumers who run into similar issues when ordering from food delivery apps, such as Deliveroo, Uber Eats and Just Eat. Some struggle to get their money back.

You do have rights under the Consumer Rights Act (CRA) if your delivery doesn't turn up as expected - but who your rights are with isn't always straightforward.

How to complain about a takeaway

The best place to start is by complaining to both the delivery food app and the restaurant. Explain what's gone wrong, including any photographs that might support your case.

Hopefully, your complaint will be resolved at this stage, but if not, it's worth carefully checking the T&Cs to see whether the restaurant or the delivery app is likely to be responsible.

Delivery food platforms' T&Cs often state that any issues related to food - such as how food has been prepared or if the wrong food is provided - are the restaurant's responsibility.

But if, for example, your food arrives late or goes to the wrong address, the complaint should be directed towards whoever was responsible for the physical delivery, whether that's the restaurant or the delivery app.

Try complaining again to the restaurant or food app, explaining why you believe you're owed a refund in accordance with the CRA and your order's T&Cs.

If you're still not getting anywhere, you can try to make a Section 75 claim if you paid by credit card (and spent more than £100), or a chargeback claim if you paid by debit card.

You can start your chargeback or Section 75 claim with our free tool.

Get in touch. If you've got a consumer rights problem you need put right email us at yourstory@which.co.uk

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