Can a TOS supersede Contract Law?
<p>I've recently used a "service" app. It connects handypeople / cleaners to users and facilitate the transaction.</p>

<p>The App confirmed the appointment and took payment. 55 minutes before the appointment was due take place they cancelled it.</p>

<p>I lost a day's wages and travel expenses. I've asked for them to take ownership and cover my losses with a GOGW a nominal £50 (this was less than my actual losses)</p>

<p>If I had cancelled in that time frame or not been there to let them in they would have charged me.</p>

<p>They've replied that in their TOS they've covered this basically saying they wont be liable.  Can a TOS override what I consider to be basic contract law?</p>

<p>Would I have a case in the small claims court?</p>

<p>TOS are a contract. If you have a contract through the App, you have incorporated the TOS as a term of your contract. </p>

<p>Contracts mean what they say they do, what you are thinking of as "basic contract law" is actual just an ordinary and customary term that people in your industry usually make a part of the contract, not contract law itself. </p>

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