Former customers of the Strom Nordic spa chain denounce the company’s policy which prevents them from canceling or modifying a reservation for their thermal experience at any time. Several other spas in Quebec also require cancellation fees set in advance. However, this type of practice is prohibited by the Consumer Protection Act, according to the Consumer Protection Office, while Strom asserts that it is within its rights.
Guylaine Sénéchal was delighted to be able to relax for free in the saunas and hot baths at the Strom spa located in Old Quebec, thanks to a gift card received from her employer. She ended up paying about $125 out of pocket without being able to dip a toe in a pool.
As Strom spas are often full, Mme Sénéchal reserved a place online for the evening for her friend and her. To place the order, it was necessary to enter your credit card number.
“I was sure I was going, but I got up that morning with a very bad cold,” says M.me Seneschal. I didn’t want to infect everyone, so I called early in the morning to ask if I could reschedule or cancel. They said no, they were firm in their position. »
Very quickly, the full amount of the two entries was charged to his credit card. Scalded by her experience, Mme Sénéchal no longer intends to use his gift card. “They have already received this $100. They therefore pocketed $225 without having provided any service,” she emphasizes. The latter believes that she does not have the energy to fight any further with the company which operates five establishments.
Strom’s online reservation policy is clear about the thermal experience, which can cost up to $94 plus tax per person: “The reservation is non-refundable, non-modifiable, non-transferable and non-transferable. […] Full payment will be charged to the credit card in the event of cancellation. » Massage therapy and treatment services can be modified or canceled free of charge up to 48 hours before the appointment.
On the company’s Google profile and Facebook page, many customers criticized the fact of not being able to exchange their reservation, sometimes several weeks before the scheduled date. Others specified Duty have canceled their credit card to avoid a charge by the spa.
Complaints to the OPC
The Consumer Protection Office confirms that 28 complaints have been filed against the various Strom spa sites over the past two years, several of which are related to the cancellation policy.
“Others [plaignants] report […] that a prepaid card received as a gift would only be usable for services at the regular price, not for promotional packages, and that this restriction would not have been disclosed to the consumer prior to purchasing the card,” also stated. writes the OPC by email.
The organization specifies that these are unverified assertions and that “verifications are underway” on this subject. This is the brand that has given rise to the greatest number of complaints to the OPC. Amerispa and Skyspa were targeted by four complaints in two years.
If the Strom spa has the most restrictive cancellation policy, a large part of the fifty spas in Quebec also require cancellation fees. The Balnea sells tickets online valid for a specific date, which also cannot be changed once purchased. At Spa Scandinave, “any cancellation or change of appointment made within less than 48 hours will result in cancellation fees. These fees are equivalent to 50% of the amount of the services reserved.”
A violation of the law
However, according to Alexandre Plourde, lawyer and analyst for the organization Option consommateurs, this type of practice contravenes article 13 of the Consumer Protection Act (LPC). “A merchant is not justified in requiring a consumer to pay an amount fixed in advance or other costs if he does not show up for a reservation,” he stressed to the Dutyadding that a consumer may have a completely legitimate reason to cancel a purchase.
This provision applies to all types of reservations, from manicures to catering, with the exception of hotels and members of a professional order, such as a psychologist or dentist.
The lawyer notes that more and more restaurateurs are tempted to impose penalties to stem the problem of unfulfilled reservations, which can cost them very dearly. He emphasizes that they have legal recourse.
“A trader who suffers a loss can go to court to claim damages, which must be demonstrable,” says Me Plourde.
The OPC confirms this interpretation, adding that “with regard to […] the clauses which provide that in the case of a reservation not honored, fees representing 100% of the cost of the package will be required, a court could consider that the merchant commits an offense “under article 13, as well as the article 11.4 of the LPC. This article emphasizes the fact that a client can unilaterally terminate a contract with a contractor if the provision of the service has not yet been rendered.
Strom considers its policy compliant
However, the Strom spa team considers that its policy is in compliance with the LPC.
“We do not charge arbitrary or additional penalty fees for failure to show up for your appointment. The amount invoiced corresponds only to the price of the thermal experience that the customer chose at the time of booking and therefore to the costs and losses actually incurred for a service for which a customer did not show up. The policy also aims to facilitate access for all customers by ensuring that customers who have already booked a thermal experience show up at the chosen time slot,” the company responded by email.
The company also emphasizes that its policy “is similar to policies present in other industries, such as water parks, ski centers, show tickets.”
The Strom team also indicates that it is studying the possibility of implementing a more flexible policy. It adds that it can “grant refunds for specific occasions, for example in the event of symptoms of contagious illness or death in the family”.
The Association québécoise des spas (AQS), for its part, requested this week a legal opinion to know what to expect. It still devoted part of Monday’s newsletter, intended for its members, to a reminder of their obligations under the LPC, in particular article 13.
The CEO of the AQS, Véronyque Tremblay, says she supports the request from the Canadian Federation of Independent Business to revise the CPA in order to equip merchants against unfulfilled reservations and last-minute cancellations, which would be increasing.