How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alice H Your Own Question
Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
30932268
Type Your Law Question Here...
Alice H is online now

My daughter is 16 years old and went to a spa and paid money

Resolved Question:

Hi my daughter is 16 years old and went to a spa and paid money to have a treatment that is only available to over 18's. She signed the form and ticked the box to say she was over 18 but wasn't asked for id. When I found out I rang the spa to inform them and they say they won't refund the money or do the treatment either. Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you today. I'm a little unclear why you believe your daughter is entitled to a refund when she gave the spa incorrect information. How much are you claiming?
Customer: replied 1 year ago.
It was very expensive £650!
Expert:  Alice H replied 1 year ago.
Oh dear. A very simple rule is that a contract with a minor could be void. A minor is someone under the 18 years according to the Births and Deaths Registration Amendment Act (No 1) 2002. In order to form a legally binding contract the general elements of a contract must be present, for example there must have been an offer, acceptance and an intention to form a legally binding contract. Without all of these elements being in place a contract will not be legally binding. However, there is an assumption made by the law that a minor cannot fully understand the implications of a contract and it could then become void and unenforceable. The spa is probably relying on its terms and conditions to justify keeping the money. I suggest you inform them that the contract is not legally enforceable and as such a full refund should be made especially as the treatment was not carried out (you might want to suggest thay keep a small amount say £50 for admin to show some good will). You can also tell them that if the payment is not refunded within 7 days you will sue them in the County Court and claim additional costs and interest. You can make the claim online using the Ministry of Justice portal - www.moneyclaimonline.gov.uk - I can talk you through the system if that situation arises.
Customer: replied 1 year ago.
Thanks for the information. Do you suggest I pass that onto them and get a copy of the contract then go from there?
Expert:  Alice H replied 1 year ago.
Yes definitely. You need to see what the terms and conditions are. They may start getting difficult once you threaten them with legal action. If they do you might point out that under the Civil Procedure Rules Pre-Action Protocol they are expected to comply with your request for information to avoid litigation but if they refuse to comply you will make an application for pre-action disclosure. This may seem a little heavy handed but I believe if you go in strong they may decide to stop resisting.
Customer: replied 1 year ago.
Thanks. They have said they won't deal with meas my daughter paid but I have pointed out that as my daughter is under age they have to deal with me. I feel there's also child protection issues as well.
Expert:  Alice H replied 1 year ago.
Can I assist further? If not, please remember to take a moment to rate my answer. Alice
Expert:  Alice H replied 1 year ago.
You are absolutely right about your position. As a parent you can act as her 'litigation friend' in court proceedings. They are talking nonsense so don't entertain any excuses - if they will not refund the money go ahead and start court proceedings. A judge will be very unimpressed that they failed to check your daughters age and even when they've been told the true position they continue to avoid their responsibility. You might also think about speaking with Trading Standards but I don't think there is a child protection issue here.
Customer: replied 1 year ago.
Thanks. I have spoken to trading standards as if the treatment had gone ahead they would have been liable for prosecuted under the tattoo act? Thanks for your help
Expert:  Alice H replied 1 year ago.
Yes, it's a criminal offence to tattoo a child under 18 - Tattooing of Minors Act 1969.
Alice H and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for your help

Related Law Questions