Make your voice heard and make Caviar pay: These are your options!
Founded in 2012, Caviar quickly established itself as a major player in the food delivery and pick up industry. The comprehensive online food ordering platform connects hungry diners with the best local and independently owned and operated restaurants. Caviar has also earned the reputation for taking care of its drivers by offering flexible income opportunities, as well as providing the only occupational accident insurance policy in the food delivery business.
As a company that facilitates transactions between customers and restaurants, Caviar is vulnerable to disputes that can linger for years inside a courtroom. However, the company has established guidelines within its terms of service policy that clearly define how disputes should be resolved.
Food delivery companies such as Caviar protect themselves by creating a procedure that describes how to resolve disputes not only with customers, but also the restaurants that serve customers. The dispute resolution provision within Caviar’s terms of service agreement states that binding arbitration is the preferred method for handling disputes.
Here is what the section says about settling disputes:
“You and Caviar agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST CAVIAR. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) according to this Section and the applicable arbitration rules for that forum.”
“Any arbitration hearing will occur in San Francisco, California, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. We will pay all the arbitration fees due to the American Arbitration Association for any dispute. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Caviar also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings will be brought in, and you consent to, the exclusive jurisdiction and venue in the state courts in the City and County of San Francisco, California, or federal court for the Northern District of California.”
If you have a dispute with Caviar, the first thing you should do is contact the company to air your grievance. In many cases, a company such as Caviar that depends on delivering superior customer service will find a solution that appeals to you. If Caviar balks at your attempt to file a complaint, then you should know that you have four options to motivate the company to take action.
Binding arbitration provisions like the one established by Caviar prevent consumers from filing a class action lawsuit. The alternative to the time consuming and potentially costly filing of a class action lawsuit involves taking Caviar to small claims court.
Just compensation for small claims court cases is defined in a narrow range between $2,500 and $10,000. This means that if a Caviar driver hit your vehicle and the accident caused more than $10,000 in damages, binding arbitration represents your best bet to receive full compensation for your losses.
Created for developing and enforcing business regulations, the CFPB offers consumers a powerful voice in changing the errant ways of companies that violate ethical standards, as well as businesses that break consumer protection laws. The CFPB can fine a company for violating a consumer protection law and/or mandate changes in implementing certain business practices. You can find consumer complaints filed against Caviar on the CFPB website.
Although the BBB does not carry the same legal swagger that is carried by the CFPB, a large number of consumers refer to the BBB website to receive information about the performance of a company. The BBB has given the San Francisco based food delivery company a D- for performance, as well as help settle 73 consumer complaints filed against the company since April 1, 2019. Many of the complaints and claims against Caviar centered on the diminished quality of the food delivered by Caviar. And just like reporting them to a government agency, the BBB doesn’t get you compensation directly.
FairShake works closely with the American Arbitration Association regarding hearings. As the term suggests, binding arbitration concludes the dispute resolution process. The finality of binding arbitration differs from the decision handed down by a small claims court judge. There is the possibility of an appeal filed after a small claims court decision.
We help you present the strongest case possible in front of an impartial arbitrator that is selected with the approval of both parties. The terms of service agreement established by Caviar states that the costs associated with the binding resolution process is the responsibility of the company. You do not have to pay any out of pocket expenses.
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