UPS makes big promises they can't keep!

February 6, 2006 10:52 AM

Can I claim compensation for a hotel room from UPS? We have been forced to stay an extra night (at full cost) because UPS has not delivered a very important document.

A UPS Store has consistently lied to us by saying that a letter would arrive firstly on Sunday, then on Monday. After ringing the head office it appears that these delivery times were impossible to meet.

The document is required urgently, so some friends of mine went to a UPS Store on Saturday morning and asked if if could be delivered next day on Sunday. They said yes - no problem, and we paid $30 for a single sheet of paper to be delivered. Its now Monday morning and they have said it won't get here till Tuesday.

We are going to incure costs for a night in the hotel to which the document is going to be sent, which is charging us $280 because its last minute and they are nearly full. Of course there are the other costs and inconvieninces, such as food and laundry.

What are my chances of being able to claim any money off UPS?

posted by xoe26 to law & government (28 comments total)

I can't speak to specific "chances" but for your own case, keep all your receipts, document everything including names, dates/times, etc...
posted by jerseygirl at 11:07 AM on February 6, 2006

Next time, use Fedex. Okay, now that that joke is out of the way...

UPS has a claims procedure. They will not give you any more money than the original cost of shipping. If you find that amount insufficient, you can file a suit in small claims court. You will then bear the usual burden of convincing a court that UPS has damaged you and that the court should remedy that damage.

UPS is for big heavy packages, where you don't care when it arrives or how badly it is broken when it does arrive. Fedex is for things where you would prefer them not broken and on-time. And for the Canadians in the audience, Purolator is for packages which you would like to be stolen in transit. I base this evaluation on quite a large history of shipping things via UPS, Fedex and Purolator, and having them stolen, broken and arrive late.
posted by jellicle at 11:10 AM on February 6, 2006

The UPS Terms & Conditions say this:

The UPS Store®
The UPS Store locations are independently owned and operated by licensed franchisees of Mail Boxes Etc., Inc., an indirect subsidiary of United Parcel Service of America, and are not agents of UPS. UPS assumes no liability other than to The UPS Store location, as the shipper of the package, for lost, damaged or delayed shipments sent via that The UPS Store location. Any such liability to The UPS Store location is subject to the limitations set forth in the UPS Tariff and these Terms and Conditions of Service. All inquiries regarding packages shipped via any The UPS Store location must be directed to The UPS Store location that shipped the package. UPS will deal solely with The UPS Store location in all matters concerning packages shipped via any The UPS Store location, including but not limited to: tracking/tracing requests, claims and guarantees, C.O.D. preparation and remittance, return of undeliverable packages and Express Envelopes, proper packaging and labeling, and billing. Even if UPS responds directly to customers of a The UPS Store location regarding tracking requests, UPS will not be liable to those customers. The UPS Store locations are solely responsible for the issuance of any refunds and claims to those who shipped packages via The UPS Store location. The UPS Store locations agree not to ship any articles which UPS does not accept for transportation. The UPS Store locations shall indemnify and hold harmless UPS in any action against UPS arising from the loss, damage or delay of a package shipped via that The UPS Store location.

so I think your first (and possibly last) recourse is with the store itself, not UPS.
posted by occhiblu at 11:12 AM on February 6, 2006

Unless it's in writing, it's highly unlikely. You'd have an open end to the damages - you *had* to get laundry? You couldn't go to *another* hotel? This is what they'd ask.

I know exactly what you want, and I can feel your frustration - yet, proving it to the satisfaction of UPS (and to the right person), that they'd be willing to spend money, beyond the cost of the document, is unlikely. They'll ask, why didn't you fax/email it?

If you're going to complain, make sure you document everything. Be nice when complaining. You need someone pretty high up to solve this.

I'm guessing this is a passport or a birth certificate?

Not that this helps this situation...but next time, some of the airlines have same day delivery (from/to airports). This would have gotten it there.
posted by filmgeek at 11:12 AM on February 6, 2006

UPS's TOS:

In the event UPS fails to attempt delivery within the time published on the UPS website, or as provided when 1-800-PICK-UPS is called, UPS, at its option, will either credit or refund the transportation charges for each such package to the payer only, upon request, subject to the following conditions. This is the sole remedy available under the UPS Service Guarantee.

Under no circumstances shall UPS be liable for any special, incidental or consequential damages, including, but not limited to, damages arising from delayed delivery or failure to attempt delivery in accordance with the UPS Service Guarantee. Under no circumstances shall UPS be liable for any damages whatsoever for delayed delivery, except as specifically provided for shipments made under the UPS Service Guarantee.

You're out of luck, sorry.
posted by loquax at 11:15 AM on February 6, 2006

jellicle, with all due respect, Purolator is for packages which, if they're not critical, will arrive early. If they are critical, they will always, without fail, arrive 24-48 hours after the last possible moment they could be useful. And the really funny thing is, you can't trick them by making delivery for the day before they have to be there. The 24-48 hour rule is a constant based on the real time they had to be there.

As for claiming money from UPS, I suggest that you speak to customer service. As soon as they say 'blah blah blah, we can't do that', go to their supervisor, and then pretty quickly to that person's supervisor. By the time you get to that level, it's a pretty simple matter to say "You guys made errors on the delivery, costing me in excess of $300 for a package which should have cost $xxx. If you can't approve that reimbursement--I have receipts--then I'd like to speak to the person who can. If you don't know who that person is, then please give me your supervisor."

Move up the chain as necessary. Be polite, of course, but be firm. As soon as they say no, go to their supervisor.
posted by dirtynumbangelboy at 11:20 AM on February 6, 2006

But the issue is with the *store*, not necessarily UPS. You need to know whether the employee gave you bad information, or whether UPS did indeed pick it up on time and just delayed its delivery.

Either way, I think you're out of luck, but it won't do much good to complain up the chain at UPS if it was a stoned franchise employee who just made up some info for your friends.
posted by occhiblu at 11:31 AM on February 6, 2006

You need to find out why the package was delayed. Did the store not get it out in time? Was there a problem at the distribution center? What does your paperwork say about the estimated delivery date? At the very least, track the package yourself to find out where it is. I believe the UPS tracking system does give information on the cause of package delays.

If you can prove that the store was negligent, call the UPS/MBE headquarters and describe how the store failed to meet your needs. You won't be able to get $300 out of it, but they may find a way to make things a little bit better. If it was weather/mechanical/other, then you just have to wait it out and then get your $30 back, because there's not much else you can do.
posted by stefanie at 11:39 AM on February 6, 2006

dirtynumbangelboy: Clearly your items weren't intrinsically valuable, which means that they had a chance of arriving early or late, according to their importance, per your scenarios. With intrinsically valuable items, Purolator is 3/3 for me at stealing them in transit... (I wasn't sending them. I would have wised up at 2/2, at the latest.)
posted by jellicle at 11:46 AM on February 6, 2006

I seriously doubt UPS would ever compensate you, even if you paid for insurance.

I'm assuming this is something that can't be FAXed, right? Like a cheque? If it can't be faxed, can you make copies? I would have tried shipping three copies with three different services.

By the way, FedEx has a "same day" delivery service. If you can get another copy, there's still a chance that you can have it by tomorrow morning, or even tonight.

You can always sue them if you want to try that, but I doubt you would win, if you had a receipt with a guaranteed delivery date then maybe, but I'd still say you'd only have a 10% chance of winning, not that I'm a lawyer.
posted by delmoi at 11:50 AM on February 6, 2006

Move up the chain as necessary. Be polite, of course, but be firm. As soon as they say no, go to their supervisor

Until you get to the person who can refund your money, but doesn't want to. Which will probably be the first person you talk to, anyway. It's not like these people are under any obligation to refer you to anyone else unless their boss has instructed them to do so.
posted by delmoi at 11:54 AM on February 6, 2006

Not to thread-jack here, but I have to say that my experiences with Fedex have been superb. Each day at work we ship a couple of packages across the country (Canada), and we also receive a few packages shipped via Fedex from other parts of the country. In total, my office probably sends and receives almost 500 packages through Fedex each year.

Over the course of the past few years, I can count on one hand the times where packages were delivered one day late (and never were they later than that). In every circumstance, Fedex provided a reasonable explanation for the delay, and the shipping fees were refunded for that package. Interestingly, the explanations were as follows:

1) Unforseen mechanical problems with one of their planes, preventing takeoff (this happened once).

2) Weather conditions preventing all takeoffs from a particular airport (this happened twice).
posted by gwenzel at 12:02 PM on February 6, 2006

Fair enough, delmoi. At that point you bypass that chain entirely, and get involved with head office, and/or local TV.
posted by dirtynumbangelboy at 12:03 PM on February 6, 2006

I'd deal with the store, not UPS. This is the store's screw-up, and despite the name (and as mentioned up-thread), the store is not UPS. Somebody at the store either bullshitted you, misrepresented UPS' services, or screwed up handling on the package. They acted as your agent (you probably signed a slip permitting them to act as your agent).

Talk to the franchise operator and tell him that through their misfeasance, you are out $280 or whatever, and that if he doesn't make you whole, you'll raise hell. There's a good chance he'll grumble and decide to pay you off just to cut his losses. If he doesn't, I think small-claims court against him is the next step. UPS corporate probably isn't a fruitful avenue to pursue, although they may have a mechanism for reporting bad UPS stores.
posted by adamrice at 12:08 PM on February 6, 2006

You have absolutely no chance of getting a check from UPS. Your have very, very little chance of success if you choose to sue. You're out of luck.

(FedEx has lost five packages sent to me in the last three years. The value of anecdotal experience notwithstanding, I would never recommend FedEx for anything, ever.)
posted by cribcage at 12:44 PM on February 6, 2006

I work for a UPS subsidiary and can tell you the store is who you seem to have the problem with. UPS Corporate can not help you in any way. Each store is independently owned and operated. Also, UPS does not deliver on Sunday and this may be your main issue. The sender of the documents is qualified for a refund if the documents were not delivered when they were guaranteed to be delivered. Also, the sender could have called UPS and had the documents sent to a different address. The receiver can not make the call, only the sender. It does suck that you have put out extra money and it seems you would have to put out more to get it back. adamrice is right in to suggest talking to the franchise owner/operator. That is the route I would go.
Good Luck!
posted by Stacrio at 12:44 PM on February 6, 2006

loquax-just because they declare themselves not liable doesn't give it the force of law. I think it's very likely a small claims court would rule for xoe26.
posted by evariste at 12:54 PM on February 6, 2006

Your issue is with The UPS Store and not with UPS. The store made a claim that could not be fulfilled. This can be easily proven by going to the Calculate Time & Cost application on UPS.com.

If you enter your origin (i.e., 90001), destination (i.e., 10001) and date of shipment (make sure you backdate it to Saturday), the results page will tell you that the fastest under $30 option is UPS Next Day Air® ... and that it will arrive on Monday. One step faster is UPS Next Day Air Early A.M.® (@ $56.53 for LA to NYC), but that will still only arrive on the following Monday.

The only way to get it there any faster is through a same-day service called UPS SonicAir that is far more expensive.

Make a claim with UPS for the shipping, but the broken promise should be taken up with the store.
posted by grabbingsand at 1:22 PM on February 6, 2006

evariste, it has the force of law if xoe26 (or the sender) agreed to the terms & conditions. Which he/she presumably did.
And I don't think the recipient could directly try to claim the damages, in court or otherwise: you would probably have to go through the sender, who made the contract to send the thing.

xoe26, I would explain the situation to the franchise owner and ask nicely if they might be inclined to help you pay for it. I think a reasonable businessperson would offer to partially cover the damage. But if they flat out say no, you have no legal or ethical recourse. You specifically agreed that they would not be held liable for damages like this. I do not think any competent court will rule in your favour. Take into account, I'm only really familiar with Canadian law, but I think the principles are the same.
posted by Count Ziggurat at 1:30 PM on February 6, 2006

loquax-just because they declare themselves not liable doesn't give it the force of law.

You specifically agreed that they would not be held liable for damages like this. I do not think any competent court will rule in your favour.

I agree with Count Ziggurat, unless the plaintiff successfully makes the case that the terms and conditions were unusual and unexpected and not explained clearly or highlighted. I would encourage the original poster to look at the contract they signed and see what is stated prominently in bold or red letters.
posted by loquax at 1:41 PM on February 6, 2006

loquax and Count Ziggurat-at what point in taking a package to UPS and shipping it does one agree to these terms of service? That thing is 20 pages long! I've never seen it before, and I ship tons of stuff, which is why I don't think the TOS has the force of law.

This is the sole remedy available under the UPS Service Guarantee.

It might have the force of law if xoe26 1. knew he was agreeing to it and 2. was suing them to force them to honor their guarantee, but I think his tort lies entirely outside the realm of that guarantee. I'm out of my depth here and will readily admit the likelihood that I'm wrong. But it just doesn't sit right with me that a business can impose a the terms of a contract on you sight unseen. There's a reason that even clickwrap licenses, provisions of many of which have been found illegal in several states, take the formality of making you check a box and click "I agree" to install software-that means you saw it. I don't think xoe26 ever saw or agreed to UPS's TOS. S/he gave them money for a specific service, they did not deliver, and they caused xoe26 financial damage through nonperformance of an implied contract.
posted by evariste at 2:14 PM on February 6, 2006

I don't have a UPS form in front of me, but FedEx's says "By using this airbill you agree to the service conditions on the back of this airbill and in our current Service Guide, including terms that limit our liability" and then there's the URL.
posted by occhiblu at 2:20 PM on February 6, 2006

occhiblu-ah, ok.
posted by evariste at 2:41 PM on February 6, 2006

evariste: Depending on the exact facts of this case (that we don't really know), it could theoretically go either way as to xoe26's acceptance of the complex contract. However, generally speaking, a defendant cannot be held liable for a tangental loss from breach of contract if they didn't specifically know that their breach would cause such a loss, or it could be reasonably assumed. In such as case, the damages are remote. That is to say that if xoe26 had specifically stated to the UPS person that he had to have the package by X time or else he would suffer X loss, and the UPS person accepted the contract with that understanding built in, xoe26 would have a claim (obviously, UPS would never accept such a contract). As UPS had no idea what xoe26 was doing with the package, or how important it was, they cannot be liable for damages that they did not agree to be liable for. Therefore they can only be held liable for the cost of the contractual service they agreed to.

If xoe26 could hold them liable for the hotel room, why not claim that he lost a multi-billion dollar deal because of the late package and claim billions in damages? Contract law doesn't work that way, and I highly doubt that any court would ever award xoe26 damages for a late package beyond the cost of the package. That being said, complaining to UPS loudly enough may have an effect. But there's no legal claim to damages, as far as I understand the case in point.
posted by loquax at 2:45 PM on February 6, 2006

Thanks, loquax! As I mentioned, I'm out of my depth when it comes to contract law.
posted by evariste at 6:03 PM on February 6, 2006

If the UPS store misrepresented their service, you could have a case against them.
posted by delmoi at 7:11 PM on February 6, 2006

The store I mean.
posted by delmoi at 7:11 PM on February 6, 2006

No problem evarist (I actually hate contract law).

In order to make a case for misrepresentation, you'd have to prove fraud or negligence. There's no fraud here, so for negligence (generally speaking) you'd have to prove that UPS had a duty of care, that they breached the standard of care, and caused the loss.

To prove duty of care, a reasonable person in UPS's position must have realized that its actions had the potential of harming the plaintiff. Which leads us to the same problem as above, that UPS could not have reasonably known the extent of the damages they could cause xoe26 beyond the cost of the service they provided. There's more too, about negligent statements, etc etc, but the bottom line is that UPS did not have a duty to do anything beyond provide their service - they didn't and should be liable for the costs. Beyond discussion of specific torts, courts are generally loathe to award damages for purely financial losses (as opposed to personal injury or property damage) and the loss is still remote any way you try to nab them.

On the other hand, I guess it doesn't hurt to throw around terms liked breached standard of care, negligent misrepresentation and reliance damages when on the phone with their customer service.
posted by loquax at 7:50 PM on February 6, 2006