Therapy appointment refund rights

BigJoan

Afternoon All,

Feeling a bit slighted by a company and thought I would get your opinions on what my rights are and whether I am wrong on this one.

So its a therapist for a family member. They force you to book and pay for a month's worth of appointments at a time and call it a 'package'. You have to book at least two sessions in the package. The family member in question has two appointments in their package this month. Unfortunately the family member is just not feeling a connection with this therapist and we asked to cancel the second of the two appointments this month. They have told us that because they book the appointments in advance, they almost certainly won't be able to fill this spot and therefore will not refund. We asked to cancel the appointment a week in advance just for info.

I do understand that sometimes it is hard to fill cancellation spots but it really does rub me up the wrong way because they force you into this package system and are extremely aggressive with their demands for full payment in advance.

Am I being unfair in this case? What are the consumer rights around this sort of thing?

Appreciate any advice, Thank you.

HampshireH

What do the terms your relative signed up to say about cancellation and refunds?

BigJoan

HampshireH said:

What do the terms your relative signed up to say about cancellation and refunds?

They state no refunds are given for non attended appointments and say they will endeavor to reschedule if you won't be able to make appointment. No mention of refunds other than that. Nothing that I can find about cancellations either.

BigJoan

Maybe I am wrong and 'non attended' appointments can mean previously booked but cancelled appointments? To me, non attended appointments implies missing an appointment.

the_lunatic_is_in_my_head

Generally speaking where the consumer breaches the contract the trader is permitted to retain costs or loss of profit.

In this instance costs are likely there regardless so it could possibly be viewed the entire fee is profit.

The trader has a duty to mitigate (lessen) loses and shouldn’t claim loss of profit if they can, for example, find another customer.

Whether the trader’s position that the manner in which they book their appointments would be a suitable defence for not being able to find another customer would ultimately have to be decide by a court. 

How much is the session worth OP? 

Alderbank

Your reason for cancelling at a week's notice is 'the family member is just not feeling a connection with this therapist...'

Is this a touchy-feely therapy like Reiki?

If practitioners of alternative therapies gave refunds to everyone who was unimpressed they would struggle to pay their bills.

HillStreetBlues

BigJoan said:

Afternoon All,

Feeling a bit slighted by a company and thought I would get your opinions on what my rights are and whether I am wrong on this one.

So its a therapist for a family member. They force you to book and pay for a month's worth of appointments at a time and call it a 'package'. You have to book at least two sessions in the package. The family member in question has two appointments in their package this month. Unfortunately the family member is just not feeling a connection with this therapist and we asked to cancel the second of the two appointments this month. They have told us that because they book the appointments in advance, they almost certainly won't be able to fill this spot and therefore will not refund. We asked to cancel the appointment a week in advance just for info.

I do understand that sometimes it is hard to fill cancellation spots but it really does rub me up the wrong way because they force you into this package system and are extremely aggressive with their demands for full payment in advance.

Am I being unfair in this case? What are the consumer rights around this sort of thing?

Appreciate any advice, Thank you.

I think you will have to put it down to a lesson learnt.

When booking any therapist, the first one is always a tester. Any therapist  that insists on more than one being booked initially should raise alarm bells, and very loud ones at that.

BigJoan

the_lunatic_is_in_my_head said:

Generally speaking where the consumer breaches the contract the trader is permitted to retain costs or loss of profit.

In this instance costs are likely there regardless so it could possibly be viewed the entire fee is profit.

The trader has a duty to mitigate (lessen) loses and shouldn’t claim loss of profit if they can, for example, find another customer.

Whether the trader’s position that the manner in which they book their appointments would be a suitable defence for not being able to find another customer would ultimately have to be decide by a court. 

How much is the session worth OP? 

Thank you. The cost for the two appointment package is £440

screech_78

I’m not sure how you can say they forced you to purchase. You knew what you were buying and did so willingly. 

If you’re now breaking the contract, then they can absolutely keep your payment if they can prove their losses. If they can’t find another customer to take the slot, it’s likely this will be the full amount. 

BigJoan

Alderbank said:

Your reason for cancelling at a week's notice is 'the family member is just not feeling a connection with this therapist...'

Is this a touchy-feely therapy like Reiki?

If practitioners of alternative therapies gave refunds to everyone who was unimpressed they would struggle to pay their bills.

No, its a psychologist, CBT stuff specifically. They just haven't built any kind of rapport, and they have had about 6 previous sessions or so. Doesn't feel like it is achieving anything and is just a waste of time.

the_lunatic_is_in_my_head

BigJoan said:

the_lunatic_is_in_my_head said:

Generally speaking where the consumer breaches the contract the trader is permitted to retain costs or loss of profit.

In this instance costs are likely there regardless so it could possibly be viewed the entire fee is profit.

The trader has a duty to mitigate (lessen) loses and shouldn’t claim loss of profit if they can, for example, find another customer.

Whether the trader’s position that the manner in which they book their appointments would be a suitable defence for not being able to find another customer would ultimately have to be decide by a court. 

How much is the session worth OP? 

Thank you. The cost for the two appointment package is £440

Thanks OP, £220 is a fair sum but looking at this objectively the headache and stress that will likely result from chasing it via a legal avenue might not be the best thing to do in the current situation, especially given the chance of winning a claim is not concrete.

Normally I'd say send a letter before action as a bluff but it might be more pragmatic to have the 2nd appointment, get the best they can from it and then try someone else