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Miss sold Bannatyne Virgin Experience Day

I bought a voucher via the Virgin Experience Day website for a Bannatyne Luxury Spa Day for 2. My daughter and I took the day off work really looking forward to a relaxing spa day. A few days before the date I got an email from the Bannatyne spa we had booked with confirming our booking stating “please note we do have time tabled activities in the pool which include childrens swimming lessons 2-6.30pm”. I decided this does not constitute a relaxing day so cancelled and asked them to release my voucher as had I known this I would never have bought the voucher. They refuse to release my voucher as I “agreed to the t&c’s” (there was nothing about the swimming lessons in the t&c’s) I no longer want to use the voucher for this experience and have requested they release the voucher so that I can swap it for another virgin experience day. I think this is a reasonable request as I feel I have been miss sold to but they are adamant they won’t release my voucher. Any advice greatly appreciated 

Comments

  • Casskale
    Casskale Posts: 33 Forumite
    10 Posts Name Dropper
    I don't think it's reasonable at all to expect a refund for not being able to use the pool for 4hrs 30mins.

    Most spa days don't revolve around being able to swim. In my opinion, they're much more about being pampered.

    And you definitely were not missold. If you weren't sold a spa day, what were you sold?
  • RubyF
    RubyF Posts: 5 Forumite
    Part of the Furniture First Post Combo Breaker
    The area by the pool is the chill/relaxation area 
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 16,420 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Swimming lessons may not have been explicitly mentioned, but what did the terms state?  It sounds as if they might have included general clauses around things like that, and that's why they're confident not to release your voucher.

    It's not mis-selling, by the way, so that's not a good basis on which to approach things.
  • Alderbank
    Alderbank Posts: 4,327 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    edited 14 March 2023 at 11:33PM
    Just to clarify:
    • You bought a voucher from Virgin Experience Day website.
    • You used the voucher to book a session at a Bannatyne Spa.
    • You are not looking to change the date of your booking at Bannatyne, you would like to cancel the booking you made at Bannatyne and for Virgin to replace your voucher so that you can book an experience with a different provider.
    • Your grounds for this request are that Bannatyne changed the terms and conditions after you made the booking.

    Do you have evidence that the change was a material change and not just a confirmation? For instance, at the time of booking did the Bannatyne site say that the pool area might be shared with other activities or did it say that spa customers would have exclusive use of that area?

    It all depends on the Terms and Conditions of your bookings both with Virgin and with Bannatyne.
  • cannugec5
    cannugec5 Posts: 710 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    I was wondering how much of an impact the children’s swimming lessons will actually have. I doubt this is a school class, but surely more likely one or two children at a time having individual private tuition? 
  • sheramber
    sheramber Posts: 24,445 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    The website for the spa's in my area all show the children swim times on the front page. 

    My local one shows child swimming all day, everyday.
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