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US couple blocked from suing Uber after crash say daughter agreed to Uber Eats terms
(www.theguardian.com)
this post was submitted on 02 Oct 2024
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It's not really legal in the UK. It's unenforceable on claims under 5k and for claims over 5k the courts will make a case by case decision if arbitration is appropriate.
https://www.herbertsmithfreehills.com/insights/reports/inside-arbitration/click-to-agree-technology-and-consumer-arbitration
However, lots of companies still add these bullshit clauses as a way to bully people out of seeing a lawyer.
For sure and, even then, in uk law, you can't sign away your freedom to take regular legal action against someone who caused you damage, due to their illegal actions. Something like the one in the article would be, rightly, dismissed as a repugnant clause.
Is it really called a “repugnant clause?”
Lol yeah, what these sorts of things would be dismissed as is literally called a "repugnant clause."
It should be illegal for companies with a legal budget over X€ to have illegal clauses on their terms and conditions.