Online spa vouchers

Dee-Dee

Hi,

Hopefully someone will be able to help me as I'm finding the legislation around this a bit confusing.

I bought some spa vouchers online last night, the vouchers were bought direct from Bannatynes. I asked for a refund today and was told that they couldn't as I was made aware at the point of purchaser that they are non transferable and non refundable.

Is this correct? I thought there was a cooling period for online purchases?

Any guidance on this would be appreciated.

Caz3121

from the T&Cs you need to accept when you purchase
8. Gift Cards/Vouchers are strictly non-refundable and non-transferable.

Dee-Dee

Thanks for the reply. So does the cooling off period definitely not apply?

wealdroam

Caz3121 wrote: »

from the T&Cs you need to accept when you purchase
8. Gift Cards/Vouchers are strictly non-refundable and non-transferable.

Just because something is written in T&Cs which have been agreed, does not necessarily mean that the term is enforcible.

However Regulation 28 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 lists exclusions to the right to cancel, one of which is:

(h) 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.

I would suggest that a spa treatment is a 'leisure activity', but whether it is for a 'specific period of performance' I don't know.

unholyangel

Dee-Dee wrote: »

Thanks for the reply. So does the cooling off period definitely not apply?

Personally, I can't see anything in the consumer contract (information, cancellation and additional charges) regulations that would exclude vouchers or gift cards.

Banking, insurance, pensions, investments & credit services are excluded but none of that covers vouchers or gift cards imo.

unholyangel

wealdroam wrote: »

Just because something is written in T&Cs which have been agreed, does not necessarily mean that the term is enforcible.

However Regulation 28 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 lists exclusions to the right to cancel, one of which is:

I would suggest that a spa treatment is a 'leisure activity', but whether it is for a 'specific period of performance' I don't know.

The spa treatment may be a leisure activity, but the voucher isn't and nor is it likely to be for a specific date

wealdroam

unholyangel wrote: »

The spa treatment may be a leisure activity, but the voucher isn't and nor is it likely to be for a specific date

But it probably is for a specific period - there will almost certainly be an expiry date.

Interesting to see you view about a voucher.
Does that mean that a ticket - call it a voucher if you like - for (say) a football match on a specific date can be cancelled because the ticket isn't a leisure activity?

Just to add:
I am inclined to think that the voucher is simply confirmation of the purchase of a leisure activity - beit a football match on a specific date or a spa treatment during a specific period.