Last updated: 11/11/2024

These Terms and Conditions (the “Terms and Conditions”) govern the use of the Catcher Marketplace platform (the “Platform”) by its users (the “Users”) in Spain.

The Catcher Marketplace platform is operated in Spain by Catcher Marketplace S.L., with registered office at C/Alfonso XI, 3, 28014 Madrid, Spain and Tax ID (NIF) B-67845115 (“Catcher”).

Users are the owners or operators of businesses with goods to be delivered (the “Merchant”) and the self-employed workers or companies that offer delivery services (the “Driver”).

Users access the Platform through a web interface (the “Website”) or mobile applications (the “App”) provided by Catcher.

To use the Platform, Users must accept the Terms and Conditions and the Privacy Policy, which forms an integral part of these Terms and Conditions. Users agree that their use of the Platform constitutes acceptance of the Terms and Conditions and that they may not use or access the Platform if they do not agree to the Terms and Conditions.

1. The Platform

Catcher develops and maintains a marketplace on the Platform (the “Marketplace”) where the delivery needs of Merchants are met by the service offers of Drivers.

The Merchant posts listings on the Platform about orders to be delivered, allowing Drivers to offer their delivery services. The Merchant includes all relevant information and requirements about the orders in its listings on the Platform, enabling the Driver to offer services with full knowledge of and compliance with the requirements. This information includes the pickup and drop-off addresses, as well as any relevant requirements such as the type of vehicle required.

Any Driver duly registered on the Platform may accept an order if their service offer is compatible with the Merchant’s requirements. The Driver’s acceptance of the order formalizes a binding delivery contract (the “Delivery Contract”) between the Merchant and the Driver, with a mutual commitment by both parties to perform the delivery properly.

Although Catcher facilitates transactions through its Platform, Catcher is not a party to the Delivery Contract and is neither the buyer nor the seller of the services affected by the Delivery Contract. Therefore, the Delivery Contract concerns only the Merchant and the Driver, and Catcher assumes no legal responsibility arising from or related to the Delivery Contract.

The Driver offers services as a self-employed worker or company, and the use of the Platform and the formalization of the Delivery Contract do not create any employment relationship between the Merchant and the Driver, or between Catcher and the Driver. By offering services through the Platform, the Driver acknowledges acting as a self-employed worker or company, holding all necessary accreditations to act as such, and assuming all resulting responsibilities. The Merchant acknowledges that the Driver is self-employed or a company and may freely choose which orders to deliver.

In addition to posting listings on the Platform for Drivers in the Marketplace, the Merchant may also use the Platform to coordinate the delivery of orders with its own employees or with logistics operators directly contracted by the Merchant. The relationship between the Merchant and its employees and logistics operators directly contracted by the Merchant is the Merchant’s responsibility and falls outside the scope of these Terms and Conditions.

2. User registration, account, and access to the Platform

To use the Platform, the User must register as a Merchant or Driver by completing the relevant forms on the Website or the App. During the registration process—and at such times during the User’s activity on the Platform as Catcher deems necessary—the User will be asked to provide information and documentation. The goal is to ensure that the Platform functions properly and to verify that the User is legally authorized to contract for the services offered or accepted through the Platform.

The User is responsible for the accuracy of all information provided and for keeping it up to date, informing Catcher of any relevant changes.

The fact that a User is registered on the Platform, and any reference to them by Catcher or third parties, does not imply approval, certification, or a guarantee of the User’s conditions, qualities, and/or qualifications. The User will at all times bear full responsibility for the information they provide.

The User is responsible for maintaining the confidentiality of the credentials used to access the Platform and for all activities that occur through those credentials. If the User suspects that an unauthorized third party may be using their credentials, or if any relevant security incident has occurred, the User must immediately inform Catcher.

Catcher disclaims any liability arising from misuse of credentials or any information provided by Users on the Platform (including the payment method indicated by Users).

Catcher may suspend or deactivate any User account if the information provided by the User is false, incomplete, or incorrect.

The personal data that Users provide at the time of registration, as well as all other personal data that the User may provide or receive when using the Platform, will be processed by Catcher in accordance with the terms of Catcher’s Privacy Policy (https://catcher.delivery/en/privacy-policy/), which Users accept when registering on the Platform.

Users must only access the Platform through the Websites or Apps provided by Catcher.

For the Apps, Users must use only the latest versions, available through the Apple App Store and Google Play Store. The Apps must not be installed or used on devices in “jailbreak,” “rooted,” or “developer mode,” as this changes or removes certain security features and may render use of the App less secure and more vulnerable to unauthorized or malicious use.

3. User preference settings

Users can set their preferences and the type of services offered or requested when creating their account, and may change the settings at any time. A change in settings will not affect any Delivery Contract already in progress.

Proper account configuration allows Users to ensure that their preferences are respected for transactions initiated through the Platform. These settings ensure that Merchant listings are shown to Drivers whose preferences are compatible with the Merchant’s preferences for each order.

Users are responsible for correctly configuring their accounts. Incorrect information in the settings (for example, incorrectly indicating the type of vehicle used) may lead Catcher to suspend the account.

Settings include:

• Price elements: Merchants specify the maximum price they are willing to pay, while Drivers indicate the minimum price they want to receive.
• These prices are determined by factors such as the distance between pickup and delivery addresses and whether the delivery occurs during a high-demand period.
• Maximum delivery distance: How far Drivers are willing to travel to make deliveries.
• Type of vehicle: The type of vehicle used for deliveries.
  Additional requirements: Other specifications such as the use of thermal bags and the option to accept cash payment from the end customer.

4. Geolocation

The Platform’s use of geolocation is limited to the minimum necessary to connect Merchants with Drivers and to manage incidents that may occur during the performance of the Delivery Contract.

In this regard, Drivers are required to share their location with the Platform in the following situations:

When they wish to receive offers through the Platform, to ensure that the preferences set by both Drivers and Merchants are respected in such offers.
At the time of picking up the order at the Merchant, to ensure a smooth delivery.
At the time of delivering the order to the end customer’s address, to confirm completion of the delivery.

Outside of those three cases, Drivers are free to disable the Platform’s access to their location.

Drivers are free to decide the route they wish to take to pick up and deliver the order.

Location data will be processed in accordance with the terms of Catcher’s Privacy Policy (https://catcher.delivery/en/privacy-policy/).

5. Services

Catcher offers the following services through its Platform:

• Sending and processing of the Merchant’s listing about orders requiring delivery through the open
• Marketplace accessible to Drivers registered on the Platform.
• Sending and processing of the Merchant’s orders to its own employees or to third parties directly contracted by the Merchant (“SaaS Services”).
• Assistance to Users in creating and configuring User accounts.
• Assistance to Users in using the Platform and resolving any technical issues.
• Access to metrics and statistics regarding order delivery using the Platform.
• Management and intermediation in invoicing and payments.
• Assistance to Users in resolving any claims related to the performance of the Delivery Contract.
• Insurance arranged by the Platform for supplemental protection of Users in Delivery Contracts coordinated by the Platform (civil liability and accident insurance for Drivers).

6. The Delivery Contract between the Merchant and the Driver

Users acknowledge and agree that, by accepting the offer of delivery services through the Platform—more specifically, from the time a Driver has accepted delivery of a Merchant’s order at the agreed price—there is a legally binding Delivery Contract between the Merchant and the Driver, and a mutual commitment to provide the services under this contract faithfully and on time.

Users acknowledge that Drivers offer and perform their services in their own name, as self-employed workers or companies, and not on behalf of Catcher; and that Drivers have a commercial relationship with Catcher, not an employment relationship. Therefore, Drivers assume full and exclusive responsibility for paying any tax or social security contributions in connection with the performance of the Delivery Contract.

Drivers are free to choose where and when they want to offer their services and which orders they want to accept for delivery. They are free to create and maintain their own customer base and to work through other platforms whenever they wish.

Drivers are free to subcontract the performance of the Delivery Contract. The person to whom they subcontract must have their own Catcher account to access the app, identify themselves, and perform the necessary steps to carry out the Delivery Contract, in particular marking pickup and delivery of the order.

Users acknowledge and agree that Catcher does not supervise, direct, or control the services of Merchants and Drivers, and assumes no responsibility or warranties for those services, nor for any act or omission of Merchants and Drivers. Responsibility for any incident related to the delivery of the order or the quality of a product (such as returns, claims, or complaints about poor conditions, incomplete deliveries, delays) lies with the Merchant and the Driver.

If either party identifies issues with the quality and timeliness of the performance of the Delivery Contract, and unless both parties expressly agree otherwise before entering into the Delivery Contract, that party may file a claim through Catcher’s Incident Resolution Center under the conditions set out in Annex 1 – Incident Resolution Center. Both parties will abide by the decisions proposed by Catcher following the procedures indicated.

7. Fees, payments, and invoicing

7.1. Fees

The fees for using Catcher Marketplace are, unless explicitly agreed otherwise between the User and Catcher, as follows:

Merchants: A non-refundable initial account setup fee
Merchants: A commission for each order posted either to the Marketplace of registered Drivers or to the Merchant’s own employees or external providers directly contracted
Drivers: A commission for each order accepted through the Platform, regardless of whether the order was later released by the Driver

The current fees can be found at catcher.es/pricing.

7.2. Invoicing and payment principles

Unless explicitly agreed otherwise, the use of Catcher Marketplace and the Drivers’ delivery services to Merchants will be invoiced and paid as follows:

Before starting to operate in the Marketplace, the Merchant must deposit an amount into a designated bank account sufficient to cover at least 2 weeks of the planned use of the Marketplace. This amount includes the commissions payable to Catcher and the delivery costs payable to the Drivers.
Whenever a Merchant posts an order on the Marketplace or a Driver performs a Delivery Contract, the agreed amounts (and applicable VAT) will be deducted from the Merchant’s balance.
Whenever necessary, the Merchant will top up funds so that the balance remains positive at all times, even after deducting the agreed amounts for services received.
A Merchant may not post an order on the Marketplace if their remaining balance is insufficient to cover the estimated payment for the services related to that order.
Merchants authorize Catcher to collect any amounts owed under these Terms and Conditions (including taxes, fees, fines, penalties, etc.) by deducting them from the Merchant’s balance.

Merchants may consult their balance and top it up at any time using the agreed payment methods.

In the event Catcher is unable to collect an amount owed by a User under these Terms and Conditions, Catcher may undertake certain procedures to collect this amount from the User.

Twice a month, Catcher will do the following:

Issue invoices on behalf of Drivers, as authorized by them, to Merchants for services provided under Delivery Contracts during the previous period.
Issue invoices to both Drivers and Merchants for commissions related to use of the Platform during the previous period.
Process payments to Drivers for the amounts payable by Merchants, after deducting the commissions payable to Catcher by Drivers and any other costs, if applicable, related to the payment method designated by Drivers for payment processing.

Merchants and Drivers authorize Catcher to act as a payment agent for the payments and collections mentioned in these Terms and Conditions, and acknowledge that any payment facilitated by Catcher in the context of the Delivery Contract between the Merchant and the Driver shall be deemed a direct payment from the Merchant to the Driver.

Merchants and Drivers authorize Catcher to use third-party services for execution and to share data with those third parties.

Drivers authorize Catcher to issue invoices in the Drivers’ name for the operations described in these Terms and Conditions. Catcher will issue these invoices with the information provided by the Drivers and will not be responsible if Drivers have provided incorrect information.

7.3. Invoicing and payment dates

Catcher will carry out the invoicing and payments mentioned above between the 3rd and 5th business day after the 15th of the month for transactions between the 1st and 15th of the previous month, and after the last day of each month for transactions between the 16th and the end of the month.

7.4. Payment methods

When registering on the Platform, Users must provide an authorized payment method for the payments and collections related to their use of the Marketplace.

Users must inform Catcher if their payment method is no longer valid or requires updating. Catcher is not responsible for losses suffered by the User due to invalid payment methods or insufficient or incorrect information provided by the User about their payment method.

Users will be responsible for any transaction costs that may be associated with their payment method, and Catcher reserves the right to charge and invoice Users for any costs incurred by Catcher due to the User’s payment method.

Users agree not to register any payment method for which they are not authorized and of which they are not the owner or registered beneficiary.

Catcher will take reasonable steps to remedy errors in payment processing of which Catcher becomes aware. Such action may include applying a credit or debit (as applicable) to the same payment method used by the User, so that the User ultimately pays or receives the correct amount.

To the extent Users receive payments in error, they agree to return them to Catcher immediately.

8. User obligations

Users confirm that they are aware that they are responsible for complying with all relevant laws, regulations, and tax obligations with respect to the use of the Platform and the performance of the Delivery Contract.

Users undertake to:

Use the Platform diligently.
Not use the Platform for purposes other than those described in these Terms and Conditions.
Comply with any applicable regulations for the provision of services, including, among others, those relating to (i) food packaging and transportation, food hygiene and safety, and (ii) occupational risk prevention.
Provide correct information about the services requested and offered.
Provide correct information to resolve claims or incidents that may occur.
Not circumvent, evade, disable, hinder, decode, or otherwise attempt to subvert the technological means implemented by Catcher, its partners, or third parties to protect the Services.
Not take any action that could adversely affect the proper functioning of the Services.
Contact Catcher immediately if the User believes that another User, offer, or content on the Platform poses a risk of harm to a person or property, or that another User is violating the Terms and Conditions, Catcher’s policies, or applicable laws or regulations.
Not manipulate Catcher’s independence and neutrality for their own benefit.

9. Catcher’s obligations

Catcher undertakes to:

Allow use of the Platform under the terms and for the functions set forth in these Terms and Conditions.
Provide all necessary information to help Users detect or resolve incidents in the performance of the Delivery Contract.
Manage invoices and payments for services provided by Drivers to Merchants.

10. Account blocking

Catcher may block any User’s account for business reasons or for material breach of the Terms and Conditions.

Business reasons: Catcher may block the account of any User whose payment balance is negative due to the payment of shipping costs, commissions, or settlement of commercial claims. If the User regularizes the situation within the month following the occurrence by paying an amount that restores a positive balance, the account is reactivated; otherwise, the block may become permanent.
Material breach of Terms and Conditions: If Catcher determines that the User is not complying with the Terms and Conditions in a way that interferes with the Platform and the services provided, Catcher may block the User’s account.

11. Platform interruptions

Catcher may temporarily interrupt the operation of the Platform or parts of the Platform if necessary for technical reasons. Catcher will attempt to inform Users before such interruptions whenever possible.

Catcher assumes no liability to Users for any interruption of the Platform that may occur.

12. Intellectual and Industrial Property

All trademarks, domain names, software, and other creations related to the Platform that are subject to Intellectual and Industrial Property, including possible future modifications, are the property of Catcher.

The User undertakes not to register or apply for the registration of identical or similar items anywhere, nor to alter, modify, or remove them, further expressly agreeing that these Terms and Conditions do not grant any rights over them except for the license to use the Platform under the terms indicated in this section.

Catcher grants the User a revocable, non-exclusive, non-transferable, and non-sublicensable license to use the Platform in Spain for as long as the User’s Catcher account is active from acceptance of these Terms and Conditions.

Catcher will remain the exclusive holder of all Intellectual and Industrial Property Rights over the Platform, as well as of any improvements, updates, developments, and modifications related thereto. Therefore, if acceptance of these Terms and Conditions is terminated or the account is deleted, the User must cease using the Platform immediately.

If the User is a Merchant, it grants Catcher a non-exclusive, worldwide license as well as the right to use the Merchant’s images, texts, logos, photographs, name, and trademarks and, in general, all content published on the Platform or provided to Catcher (hereinafter, the “Merchant IP”) for the sole purpose of enabling Catcher to carry out its services. In particular, the Merchant expressly authorizes Catcher to include its trademarks on the Website to indicate its status as a Catcher client.

The Merchant represents, warrants, and agrees that it has full, legal, and peaceful ownership of the Merchant IP (through ownership or a valid license), and that it has the right to license or sublicense the Merchant IP to Catcher.

If the User believes that any content on the Platform infringes certain copyrights, they must notify Catcher.

Unless there is prior written consent from Catcher, Users must not, nor allow or permit any third party to:

Transfer, sell, trade, rent, lease, lend, license, distribute, disclose, publish, assign, grant, or convey any rights to the Platform or any part thereof to any third party.
Use the Platform for unlawful, illegal, misleading, or false purposes, and in general for any purpose not stipulated in these Terms and Conditions.
Directly or indirectly, in whole or in part, modify, change, translate, reverse-engineer, decrypt, decompile, disassemble, perform error corrections, create derivative works based on, or otherwise attempt to reveal the source code or underlying ideas or algorithms of the Platform, or make additions to the Platform or any part thereof, except where legally permitted.
Reproduce or copy the Platform, as well as any part, portion, or module thereof, or create derivative works based on it.
Extract the software of the Platform integrated into the systems.
Disclose to third parties, without Catcher’s prior written consent, any part of the Platform, including, among others, the results, features, and capabilities of the Platform.
Use the Platform in violation of applicable regulations or third-party rights, including, among others, Intellectual and Industrial Property Rights, image rights and protections against defamation or discrimination, privacy, and data protection rights.
Modify, remove, or alter copyright notices or any other proprietary notice on the Platform.
Register distinctive signs or any other marks that may be associated with or similar enough to cause confusion with the Platform.

Furthermore, Users undertake, if they become aware of them, to notify Catcher in writing of any possible infringements of the Platform’s Intellectual or Industrial Property Rights that a third party has committed or is about to commit.

The rights granted to Users in these Terms and Conditions only authorize them to use the Platform for internal use. Users may not, therefore, process accounts, records, or generate data/information/reports using the Platform for the benefit of or on behalf of third parties, or for the provision of services to third parties, unless previously authorized in writing by Catcher.

13. Disclaimer

Except as set forth in these Terms and Conditions, Catcher makes no warranties and assumes no liability for the actions of Users inside or outside the Platform. If the User chooses to use the Platform and enter into a Delivery Contract, they do so voluntarily and at their own risk. To the extent permitted by law, the Services are provided “as is” without warranty of any kind, whether express or implied.

Specifically, Catcher is not responsible for use of the Platform or for the management or delivery of orders. However, Catcher reserves the right to deactivate the User’s account and claim appropriate compensation from the User if it has effective knowledge that the User’s activity is illegal or contrary to these Terms and Conditions.

The foregoing disclaimers apply to the maximum extent permitted by law. Users may benefit from other rights or legal warranties that are not excluded by applicable law. However, the duration of warranties required by law will be limited to the maximum permitted by law, if applicable.

14. Indemnification

Catcher will not be liable, under any circumstances, for damages caused as a result of: (i) acts of vandalism or misuse of the Services provided by Catcher; (ii) any change, modification, or alteration of operating systems, interfaces, or equipment that is beyond its control and not performed in accordance with its specifications and instructions; (iii) flooding, fire, power surge, or accidental loss; (iv) general internet connection outages; (v) service interruptions resulting from cyberattacks or network overload; (vi) a sudden increase in the level of Services that is not notified to Catcher by the Merchant at least three (3) Business Days in advance (for example, holding an event that entails a considerable increase in the number of orders); (vii) Force Majeure Events as defined below in these Terms and Conditions; and/or (viii) damages caused by Users in the performance of Delivery Contracts.

The User shall hold harmless and defend Catcher, as well as its officers, agents, representatives, and employees, with regard to (i) unauthorized uses of the Platform by the User, (ii) data and content provided or included by the User, (iii) defective or negligent use of the Platform by the User, (iv) failure to obtain required consents and authorizations as well as, in general, compliance with any applicable provisions regarding personal data protection, and (v) any other activity of the User that is civilly, criminally, or administratively punishable, from which a claim—judicial or extrajudicial—of liability, damage, loss, or expense arises against the Company (including reasonable legal fees).

15. Changes to these Terms and Conditions and termination

15.1 Changes to these Terms and Conditions

Catcher reserves the right to modify these Terms and Conditions at any time in accordance with applicable legislation. If changes are made to these Terms and Conditions, Catcher will post the revised version on the Platform and update the date indicated in “Last updated” at the top of these Terms and Conditions.

Catcher will inform Users of changes to the Terms and Conditions that may affect them at least five (5) days before they take effect. If the User does not deactivate their Platform account before the date on which the then-current Terms and Conditions take effect, continuing to use the Platform will constitute tacit acceptance of such changes to the Terms and Conditions.

15.2 Termination

The User may terminate their acceptance of these Terms and Conditions at any time by sending an email to Catcher or by deleting their account. Termination of this agreement will also serve as notice to cancel the User’s Platform account in accordance with these Terms and Conditions.

Catcher may terminate these Terms and Conditions at its discretion at any time by notifying the User thirty (30) days in advance. Catcher may, immediately and without prior notice, terminate these Terms and Conditions if (i) the User has materially breached their obligations under these Terms and Conditions; (ii) the User has provided inaccurate, fraudulent, outdated, or incomplete information; (iii) the User has violated laws, regulations, or third-party rights; or (iv) Catcher in good faith believes that such action is reasonably necessary to protect other Users, the Platform, or third parties.

16. Miscellaneous provisions

16.1 Interpretation of these Terms and Conditions

Except for any supplement that may involve additional terms, conditions, policies, guidelines, or rules, these Terms and Conditions constitute the entire agreement between Catcher and the User in relation to the Services and the Platform, and replace any prior oral understanding or written communication between Catcher and Users in relation to the Services. If any provision of these Terms and Conditions is declared null or unenforceable, such provision will be null and void and will not affect the validity or enforcement of the remaining provisions.

16.2 Waiver

Catcher’s failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless Catcher acknowledges and agrees to it in writing. Except as expressly provided in these Terms and Conditions, the exercise by either party of any of its rights contemplated in these Terms and Conditions shall be without prejudice to the other rights contemplated in these Terms and Conditions or otherwise provided by law.

16.3 Assignment

The User may not assign, transfer, or delegate rights and obligations under these Terms and Conditions without Catcher’s prior written consent. Catcher may assign, transfer, or delegate at its sole discretion any right and obligation under these Terms and Conditions by providing fifteen (15) days’ prior written notice.

16.4 Notices

Unless otherwise indicated, any notices and other communications required or permitted under these Terms and Conditions shall be in writing and delivered by Catcher via email or notification on the Platform and, depending on the configuration established by Catcher for delivery of notifications, via messaging service (including SMS and WeChat). The date of receipt shall be considered the date on which Catcher sends the notice.

16.5 Force Majeure

Neither party shall be liable for delays or other failures in fulfilling its obligations under these Terms and Conditions insofar as the delay or failure is due to force majeure, that is (the “Force Majeure Event”):

acts of terrorism, civil unrest, or rebellion; quarantines, embargoes, and other similar causes; governmental actions; extraordinary events of nature or acts of God; or
acts that cannot be avoided through the application by the non-performing party of reasonable precautions and commercially accepted processes, and that cannot be reasonably resolved by the non-performing party through the use of substitute services, alternative sources, joint work plans, implementation of appropriate security measures, and other means that allow obtaining the services subject to these Terms and Conditions under similar circumstances and conditions.

For clarification, weather phenomena or natural conditions that are common in an area and therefore foreseeable shall not be considered Force Majeure events.

If a User believes that during a delivery they have been affected by a Force Majeure Event, they must notify Catcher by informing the I.R.C. by sending an email to the following address: [email protected]

17. Jurisdiction and dispute resolution

These Terms and Conditions are governed by Spanish law and, within it, by the principles and rules of common civil law, without reference to conflict-of-law rules or to regional (foral) law rules or principles.

Drivers, expressly waiving any other jurisdiction that may correspond to them, accept that any dispute or claim arising from the performance or interpretation of these Terms and Conditions shall be submitted to the jurisdiction of the courts and tribunals of the city of Madrid.

18. Contact details for Catcher Marketplace, S.L.

The User may contact Catcher for any questions regarding use of the Platform:

Catcher Marketplace, S.L.

C/ Alfonso XI, 3 28014 Madrid SPAIN

Email: [email protected]

Annex 1 – Incident, Claims, and Commercial Compensation Resolution Center

1. Purpose

By formalizing a Delivery Contract, the Merchant and the Driver mutually commit to a certain level of service quality in the performance of that delivery. If expectations around this quality level are not met—whether due to circumstances, action, or inaction by one of the parties—in some cases the other party may claim commercial compensation.

The parties to the Delivery Contract are free to define between themselves the expected quality levels and commercial compensations in case those quality levels are not met. If they have not done so explicitly, this document proposes standard definitions that apply to shipments posted and accepted on the Platform.

2. Pickup and delivery times

Time is an essential element of quality in performing the delivery.

2.1 Desired pickup time

Each order posted on the Marketplace includes a desired pickup time:

At that time, the Merchant must have the order prepared and ready to hand over to the Driver.
At that time, the Driver must have arrived at the Merchant’s premises, confirmed their arrival at the Merchant’s premises in the App, and be ready to receive the order.

By formalizing the Delivery Contract, the Merchant and the Driver commit to respecting this time. They must not formalize the Delivery Contract if they are not in a position to meet this time, with a maximum flexibility of 10 minutes (the “Grace Period”).

If an order is still being offered on the Marketplace after the initially posted desired pickup time, and a Driver accepts the order, the initially posted desired pickup time is replaced for all purposes by the Driver’s acceptance time, and the Driver commits to arriving at the Merchant’s premises as soon as possible, and in any case within the 10-minute Grace Period from the time of acceptance.

2.2 Desired delivery time

Unless otherwise specified, orders are expected to be delivered within a maximum of 15 minutes after picking up the order at the restaurant for orders at a distance under 5 km, plus 3 additional minutes per kilometer for each additional kilometer.

A 10-minute grace period also applies to these times.

3. Compensation for cancellation of the Delivery Contract

When the Delivery Contract is cancelled by either party, no delivery fee is paid, but depending on the case, the Merchant or the Driver may claim commercial compensation.

3.1 The Merchant cancels more than 5 minutes before the desired pickup time

Merchants may cancel orders 5 minutes or more before the desired pickup time without Drivers having the possibility to claim commercial compensation for such cancellations.

3.2 The Merchant cancels between 5 minutes before the desired pickup time and 10 minutes after the desired pickup time

If the Merchant cancels the Delivery Contract between 5 minutes before the desired pickup time and 10 minutes after the desired pickup time, and the Driver arrives at the Merchant’s premises during that period, the Driver may claim compensation of 100% of the delivery fee.

3.3 The Merchant cancels more than 10 minutes after the desired pickup time because the Driver did not show up at the restaurant

See point 4.1 below.

3.4 The Driver cancels the Delivery Contract (“releases the order”) within 5 minutes of confirmation or more than 5 minutes before the desired pickup time

The Merchant may not claim compensation if a Driver cancels the Delivery Contract within 5 minutes of confirming it or if a Driver cancels the delivery more than 5 minutes before the desired pickup time.

3.5 The Driver cancels the Delivery Contract (“releases” the order) more than 5 minutes after confirming it and between 5 minutes before the desired pickup time and 10 minutes after the pickup time

The Merchant may claim compensation of (i) 20% of the delivery fee if the Driver cancelled more than 5 minutes after acceptance and between 5 minutes before the target pickup time and the target pickup time, or (ii) 40% of the delivery fee if the cancellation occurred after the desired pickup time and more than 5 minutes after acceptance, and before 10 minutes after the desired pickup time.

3.6 The Driver cancels the Delivery Contract (“releases” the order) more than 10 minutes after the desired pickup time

The Merchant may claim compensation of 100% of the delivery fee if the cancellation occurred more than 10 minutes after the desired pickup time, unless the Driver cancelled due to a delay in handing over the order caused by the Merchant (as per point 4.2).

Additionally, if cancellation of the Delivery Contract more than 10 minutes after the desired pickup time results in an excessive delay of the order leading to cancellation by the end customer, or to the Merchant having to re-prepare the order, the Merchant may claim compensation for the order’s sales value.

4. Compensation for lateness

4.1 The Driver arrives late at the Merchant’s premises

If a Driver arrives at the Merchant’s premises and confirms arrival in the App after the 10-minute Grace Period following the desired pickup time, the Merchant may claim compensation from the Driver of:

Driver’s arrival time — Compensation % of the delivery fee
Between 10 and 20 minutes after the pickup time — 20%
Between 20 and 30 minutes after the pickup time — 40%
More than 30 minutes after the pickup time — 100%

If a Driver has not arrived at the Merchant’s premises and has not confirmed their arrival in the app before the end of the 10-minute grace period after the desired pickup time, the Merchant may cancel the order without the Driver being entitled to claim compensation, while the Merchant still retains the right to the compensations up to the time of cancellation.

In addition to the compensation under items 1 or 2 of this point 4.1, if a Driver arrives at the Merchant’s premises or confirms arrival in the app more than 15 minutes after the desired pickup time, and this delay results in having to remake the order or the order being cancelled by the end customer, the Merchant may claim compensation for the order’s sales value.

4.2 The Merchant is late in handing over the order to the Driver

If the Driver arrives on time and marks their arrival in the app on time (before or within 10 minutes after the desired pickup time), and must wait more than 10 minutes to receive the order, the Driver may claim compensation from the Merchant:

Waiting time between the Driver’s arrival and handover of the order at the Merchant’s premises — Compensation % of the delivery fee
Between 10 and 20 minutes — 20%
Between 20 and 30 minutes — 40%
More than 30 minutes — 100%

Additionally, if the waiting time exceeds 20 minutes, the Driver may cancel the Delivery Contract (“release the order”) without the Merchant being entitled to claim compensation for this cancellation, and the Driver may still claim the compensation described in the table above, with the waiting time defined as the time between the Driver’s arrival and the time the Driver cancels the Delivery Contract.

4.3 Compensation for delay in delivering the order

If the Driver does not arrive at the end customer’s address before the desired delivery time (maximum 15 minutes after picking up the order for orders at a distance under 5 km, plus 3 additional minutes per kilometer for any additional kilometers), or within a maximum of 10 minutes after the desired delivery time (grace period), the Merchant may claim compensation from the Driver.

Delay in arrival at the end customer’s address after the planned delivery time — Compensation % of the delivery fee
Between 10 and 20 minutes — 20%
Between 20 and 30 minutes — 40%
More than 30 minutes — 100%

If the delay in arrival exceeds 20 minutes and leads to the end customer cancelling or not accepting the order, in addition to the above compensation, the Merchant may claim compensation for the order’s sales value.

5. Compensation for spills, damage, losses, and undelivered orders

5.1 The Driver delivers the order with items spilled, damaged, or missing

If any items are spilled, damaged, or missing due to incidents or lack of care during delivery, the Merchant may claim compensation for a proportional part of the order’s sales value, unless the spills, damage, or missing items are due to missing or inadequate packaging and protection of the order by the Merchant.

If the spilled, damaged, or missing items result in the end customer not accepting the entire order, the Merchant may claim compensation for the total sales value of the order, unless the spills, damage, or missing items are due to missing or inadequate packaging and protection of the order by the Merchant.

5.2 The Driver does not perform the delivery

If the Driver does not perform the delivery of an order that has been picked up at the Merchant’s premises, no delivery fee is owed and the Merchant may claim compensation from the Driver for the total sales value of the order and the commission the Merchant paid to Catcher.

5.3 The Driver arrives at the end customer’s address but the end customer is not present, does not respond, or does not accept delivery for reasons beyond the Driver’s control

If the Driver can demonstrate that they took all reasonable steps to try to contact the end customer and obtain acceptance of the delivery, the Delivery Contract is deemed fulfilled, the delivery fee applies, and no compensation is owed by either party. The Driver may return the undelivered order to the Merchant as a goodwill gesture, but is not obliged to do so.

6. Process

If a Merchant or a Driver wishes to claim compensation for an order, the process is as follows:

The claim must be communicated by email to [email protected]
The claim must be communicated within 24 hours after the Merchant or Driver has the information about the incident that is the subject of the claim

The communication must include:

• Identification of the person submitting the claim
• Identification of the order subject to the claim
• The reasons for the claim
• Any other information relevant to the claim
• If the Catcher team assesses that there may indeed be grounds for compensation, it will inform the other party by email and invite them to respond.

The other party may agree with the claim, disagree with all or part of the claim, or allege mitigating circumstances and provide any additional information to support its response.
The Catcher team will propose compensation (or denial of compensation) based on the information provided by both parties and the definitions included in this document