Instacart · Instacart Terms of Service

Dynamic and Variable Fee Structure

Medium severity
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What it is

Instacart can change what it charges you for delivery and other services at any time, and some fees vary based on demand — similar to surge pricing — meaning the same order can cost different amounts at different times.

Consumer impact (what this means for users)

You may pay significantly different fees for the same order depending on time, demand, and factors Instacart does not fully disclose, and the company reserves the right to add new fee categories or change existing ones without prior notice.

Cross-platform context

See how other platforms handle Dynamic and Variable Fee Structure and similar clauses.

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Why it matters (compliance & risk perspective)

The breadth of fee types and the explicit right to apply demand-based pricing means consumers have limited ability to predict the true cost of their order until checkout, and fees can increase without advance notice.

View original clause language
Instacart may change the fees it charges for the Services, including but not limited to delivery fees, priority fees, service fees (including additional service fees and/or surcharges to help offset specific costs), direct-to-consumer shipping fees, long distance fees (for deliveries outside the delivery area for a Retailer), regulatory-related fees, bag fees, and special handling fees. Instacart may vary certain fees based on demand, order attributes, and/or other factors.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: Implicates FTC Act Section 5 (15 U.S.C. §45) regarding adequate disclosure of dynamic pricing practices; California UCL (Business & Professions Code §17200) and CLRA (Civil Code §1770) regarding unfair or deceptive pricing practices; and state consumer protection laws in jurisdictions with specific price transparency or surge pricing disclosure requirements. The 'regulatory-related fees' category may also implicate truth-in-billing obligations under applicable state utility or telecommunications analogues. (2)

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Applicable agencies

  • FTC
    The FTC has authority under Section 5 to investigate undisclosed or deceptive fee practices, including demand-based surcharges and the addition of new fee categories without adequate consumer notice.
    File a complaint →
  • State AG
    State Attorneys General have authority under state UDAP statutes to investigate dynamic pricing and fee disclosure practices that may constitute unfair or deceptive trade practices.
    File a complaint →

Provision details

Document information
Document
Instacart Terms of Service
Entity
Instacart
Document last updated
April 29, 2026
Tracking information
First tracked
April 18, 2026
Last verified
April 27, 2026
Record ID
CA-P-003410
Document ID
CA-D-00135
Evidence Provenance
Source URL
Wayback Machine
SHA-256
30a1ef722ca2f269aa634194339403244ed9043a7522c96cae21a5329951e4c8
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: Instacart | Document: Instacart Terms of Service | Record: CA-P-003410
Captured: 2026-04-18 12:44:42 UTC | SHA-256: 30a1ef722ca2f269…
URL: https://conductatlas.com/platform/instacart/instacart-terms-of-service/dynamic-and-variable-fee-structure/
Accessed: May 2, 2026
Classification
Severity
Medium
Categories

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