Online spa voucher - refund rights

funnelweb

Hi,

My OH bought me a spa day voucher for a massage from Wahanda. This was six days ago (including the weekend).

Unfortunately, due to personal circumstances, I am unable to use it. I asked him to get a refund. He was informed by the CSA that spa day vouchers from partner organisations are exempt from the DSR and therefore he can't get a refund.

However, I have looked at the Distance Selling Regulation and going by this information: dshub.tradingstandards.gov.uk/in_practice/online-gift-vouchers?tid=6&tid_1=14 - I would think it does fall under DSR.

I have looked at their terms and conditions and the following is mentioned:

Wahanda Refund and Cancellation Policy

Timed or dated appointments (including spa days and spa breaks)
Wahanda offers a 24hr ‘change of mind’ guarantee from the time of purchase. If you change your mind, we will give you 100% refund to the original method of payment, subject to our Partner Cancellation Policy (below).

After 24hrs: we offer a credit note to the full value of the purchase (6 month expiry). Credit notes can only be used online and must be redeemed in full as no change can be given.

eVouchers
Wahanda offers a 14 working day ‘change of mind’ guarantee, which begins the day after purchase. If you change your mind, we will give you a 100% refund using your original method of payment, subject to our Partner Cancellation Policy. An eVoucher cannot be refunded once redeemed.

After 14 working days: we offer a credit note to the full value of the eVoucher (6 month expiry).

Partner Cancellation Policy: All of our partners have a cancellation policy which means no bookings can be amended or cancelled within a specific period leading up to the date of your appointment. For example, a policy of 24hrs means no booking can be amended or cancelled within 24hrs leading up to the date of your appointment. Requests for an amendment or cancellation within the Partner Cancellation Policy must be made directly to the Partner. The Partner’s decision is final.

Wahanda Gift Vouchers
Wahanda offers a 14 working day ‘change of mind’ guarantee, which begins the day after purchase. If you change your mind, we will give you a 100% refund using your original method of payment. A Wahanda Gift Voucher cannot be refunded once redeemed.
After 14 working days: we offer a credit note to the full value of the Wahanda Gift Voucher (6 month expiry).
After 6 months: Wahanda Gift Vouchers are valid for 6 months from the date of purchase. Wahanda Gift Vouchers cannot be redeemed once the expiry date has passed.

The voucher is a spa day voucher however an appointment was not made in advance. Either way, I would think any refund policy would have to be in-line with the DSR.

Could anyone confirm whether my understanding is correct?

Thanks.

browneyedbazzi

The Distance Selling Regulations are no longer in force. The current regulations that give cancellation rights for distance sales contracts are the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

The Regulations include the following exemption from cancellation rights:

'the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance'

Many would consider a spa day a leisure activity - even if the voucher wasn't for a specific booked appointment, if it was to be used within a specified period (ie it isn't open ended but has a validity period during which it must be used) it is arguable that the above exemption may apply. The Regs have only been in force for 5 weeks so have not been tested in the courts yet - so we don't really know how the courts will interpret the exemption.

bris

Its a leisure activity so has always been exempt from DSR.

mattyprice4004

To be fair, it's not their fault you can't use it - it's yours. The regulations above make it exempt anyway, so it's a moot point.

funnelweb

Thanks for the responses browneyedbazzi and bris.

My OH spoke to Wahanda and they said similar things to what you stated so he asked them to put this in writing. At the time he made the call though, he quoted the DSR and the CSA also referred to the DSR too and not the CCR!

So he sent an email requesting a refund and sent in the link I originally gave mentioning that it actually refers to spa vouchers. After seeing your helpful post, I asked him to resend it but quoting the CCR, which he did. In the interim, I spoke to Citizens Advice consumer helpline and explained what happened, addressing the points you raised.

They said it's still considered as a supply of service before it's considered a leisure activity so I do have the 14 days right to cancel and Wahanda's policy is incorrect. And the leisure activity applies to those that are prebooked for a certain day whereas mine isn't. They used the example of gym membership which is also a leisure activity but when bought online, still has the 14 days right to cancel (as does the spa voucher). They advised me to write in by post using recorded delivery and if I don't get a refund then to get back in touch with them. As my OH paid by credit card and the amount was over £100, they also said I can request my CC company to refund the amount.

Anyhow, once a second email was sent to Wahanda with the advice given, Wahanda immediately raised a refund of the full amount, no questions asked and responded in that effect.

Thanks again for your help, browneyedbazzi and bris. Glad I got the refund AND learnt about the CCR in the process.