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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice
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I booked into a health spa days and paid in full

Customer Question

I booked into a health spa for three days and paid in full up front. I spoke to owner on phone, who never asked if I had a medical condition or told me I needed my doctor's permission to have their treatments (massage, colonics etc). When I arrived (after four hour drive) I told them I have cancer, but have done many of these treatments before and said I would sign a disclaimer. At that point they refused to treat me or refund me. I spent one night there and left quite distressed. Do I have any grounds to reclaim part or all of what I paid them? Thanks in advance for any advice you can offer.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
I suppose you didn't tell them in advance either that you had a condition?
Customer: replied 2 years ago.
No I didn't. But have had cancer over a year, been to many health places and never been told I need doctor's permission. Sometimes I need to sign a disclaimer. I could have lied but didn't want to. They sprang it on me and didn't ask for doc's note in writing. Just for me to sign something saying I had consent. I think she got scared when I told her about the cancer. There was nothing standard on her form for this. She asked me to add it.
Customer: replied 2 years ago.
Are you still there?
Expert:  Jo C. replied 2 years ago.
I suppose these treatments were included in the price?
It was a specific term of the contract?
Customer: replied 2 years ago.
Yes it was all inclusive. A 'detox' weekend: accommodation, juicing, colonics, massage etc. I may not be able to do anything about it but such a waste of £ so wanted to check it out at least. There was no contract as such. Just a phone call and a payment.
Expert:  Jo C. replied 2 years ago.
It is a difficult issue really.
One can understand why they took this stance. The fact they didn't mention this isn't the best point as, in fairness, you didn't tell them either.
However, given that the whole package was included I do think there is an argument that they should have brought to your notice that there were restrictions. Even if it had just been written into the small print online there should have been something. Of course, it may be there and we just don't know about it at this stage but it certainly shouldn't be something that can be just sprung upon you. They did provide the room but nobody goes to a health farm just for a room. The whole point is to have services.
However, they did provide the room so something would need to be paid for that. I do think you could ask for a reduction as they just plain didn't provide the services.
Can I clarify anything for you?
Customer: replied 2 years ago.
Thanks Jo. This makes sense. I didn't mention my situation because I have never needed to get this permission before. Ah well. It was worth asking!
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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