A local resident who went to a BC spa for facial treatment attempted to get a refund, but the spa refused, which led to a legal fight.
Janice Riley initiated a tribunal case against Desert Divas after some facial treatment she signed up for didn’t go the way she wanted.
Riley said her face reacted poorly to the first treatment, so she wanted to discuss things before the second treatment. A publicly posted tribunal decision suggests that the relationship between the two sides deteriorated after that and that the BC spa refused to fulfill her refund request.
So Riley turned to the BC Civil Resolution Tribunal.
The spa owner told the tribunal that Riley didn’t give the treatment a fair chance and that the contract stated that it didn’t offer refunds.
According to the decision, the treatment in question was for microneedling. Riley bought six microneedling treatments for $2,000. She had her first treatment on January 31, 2023, and was concerned with how long it took her face to heal fully.
Her next appointment was for late February, and the two sides discussed Riley’s concerns before that time. The tribunal decision states that Riley wasn’t happy with the spa’s responses. She formally requested a refund on February 22, 2023. The spa responded by offering a partial refund, but that wasn’t good enough for Riley.
The tribunal found that the spa did not comply with the Business Practices and Consumer Protection Act (BPCPA) and that Riley was entitled to cancel her contract with the BC spa.
“Mrs. Riley was entitled to cancel it under section 23(5). Under BPCPA section 27, she is also entitled to a refund within 15 days of cancelling the contract. I find she is, therefore, entitled to the $1,666.67 she claims,” the tribunal states.
“I acknowledge Desert’s argument that Mrs. Riley agreed that the treatments were non-refundable. Mrs. Riley denies agreeing to this, but I find it does not matter. BPCPA section 3 says that a waiver of a person’s rights, benefits, or protections under the BPCPA is void. So, Desert’s breach of the BPCPA overrides any term that the treatments were non-refundable.”
Including tribunal fees, the spa was ordered to pay Riley $1,899.64.