Although consumers contract with retailers, not usually the delivery companies directly, couriers play a crucial role in whether retailers comply with their legal obligations. During the holiday season, when delivery promises are time-critical, courier performance can make the difference between compliance and breach.
Below are the key legal and operational considerations courier companies should be aware of.
1. Retailers Are Legally Responsible—but Couriers Determine Outcomes
Under consumer law the retailer is responsible for ensuring goods are delivered on time and in good condition, however, courier failures create retailer liability.
This means:
- Late delivery can put retailers in breach of contract.
- Lost, damaged or misdelivered goods are legally the retailer’s problem—but operationally the courier’s.
- Retailers increasingly scrutinise courier performance to mitigate their own legal exposure.
Why this matters for couriers:
Retailers may demand higher service levels, apply penalties or change carriers if delivery failures create consumer-law breaches.
2. Time Is of the Essence at Christmas
If a retailer promises “delivery in time for Christmas,” or if the customer states that Christmas delivery is essential, the date becomes legally binding once accepted.
Courier companies must understand:
- Missing a festive delivery deadline can breach the retailer’s contract, even if the delay was due to weather, congestion or volume
- Couriers must plan for peak capacity and communicate risks early to retail partners
- Retailers may need accurate, data-driven cut-off dates from carriers to avoid misleading consumers.
3. Delivery Must Be Made With “Reasonable Care and Skill”
Under the Consumer Rights Act 2015, services (including delivery services contracted by the retailer) must be carried out with reasonable care and skill.
For couriers, this includes:
- Delivering to the correct address
- Providing adequate notification before leaving parcels
- Respecting delivery preferences (safe places, neighbours, accessibility needs)
- Not leaving parcels in unsafe or unsuitable locations
- Ensuring internal handling prevents breakage.
During Christmas, when a high percentage of delivery errors occur, this becomes particularly important.
4. Accessibility: A Growing Compliance Focus
Recent research shows[1]: 37% of people with accessibility needs cannot communicate them to couriers. This creates risk under the Equality Act 2010 and consumer-protection law.
Couriers must:
- Enable customers to flag accessibility requirements (e.g. hard-of-hearing, mobility restrictions)
- Avoid practices that disadvantage disabled customers (e.g. leaving parcels out of reach)
- Ensure delivery staff are trained to accommodate accessibility needs.
5. “Safe Place” Deliveries Are Legally Sensitive
Leaving parcels in “safe places” without explicit consent can put retailers in breach of contract.
Couriers need to ensure:
- A safe place is agreed by the consumer, not assumed by the courier
- Photos and GPS logs support delivery audits
- High-value items are not left unattended without express permission
- Third-party collection (neighbours, parcel shops) follows security protocols.
During Christmas, doorstep theft (“porch piracy”) increases—couriers must take extra care.
6. Loss, Damage and Mis-delivery: Liability Chains Matter
Retailers are liable to consumers for lost parcels, damaged goods, incorrect deliveries and goods stolen after being left in an unagreed location.
Couriers must:
- Maintain clear chain-of-custody tracking
- Evidence responsible handing
- Act quickly when investigating claims
- Ensure subcontractors meet the same standards.
If a courier mishandles an order, the retailer may suffer the complaint—but will pass consequences back to the logistics provider.
7. Transparency and Communication Are Critical
Consumer Protection law requires retailers to avoid misleading consumers, but carriers play a large part in whether promises are realistic.
Couriers must:
- Provide retailers with accurate, updated cut-off dates for Christmas delivery
- Flag depot congestion, severe weather effects, or driver shortages early
- Provide reliable tracking and status updates
- Notify recipients promptly of attempted deliveries or delays.
Poor communication increases complaint escalation significantly.
10. Key Steps Courier Companies Should Take This Christmas
Operational
- Increase peak-season staffing and vehicle capacity
- Forecast volumes with retailers
- Set honest last-order dates
- Improve tracking accuracy
- Quality-check “safe place” deliveries.
Customer experience
- Make accessibility options visible
- Train drivers on respectful and secure delivery
- Avoid early-hour/late-hour deliveries unless agreed.
Compliance
- Ensure procedures meet “reasonable care and skill” standards
- Keep evidence of delivery attempts
- Regularly review liability and service-level agreements with retail partners.
In Summary
Courier companies play a pivotal role in whether retailers comply with consumer law during the holiday season. While shoppers contract with the retailer, the courier’s performance determines whether deliveries arrive on time, safely and as promised. By strengthening operational planning, communication and compliance, parcel firms can reduce complaints, protect retail partners and build trust during the busiest period of the year.
As with many aspects of complaints handling, communication is key. The Ombudsman has developed training materials bespoke to the logistics element of the supply chain. Suitable for couriers and retailers alike, it provides learnings and insights into the challenges faced by each in fulfilment of the delivery of goods to consumers, better enabling them to work together and minimise complaints from the end users. For more information contact visit our website: www.disputeresolutionombudsman.org
[1] Parcel problems reach record as 15 million people are let down on the doorstep - Citizens Advice
