Booking Terms and Conditions

Last updated April 2016

The Services you can buy or book via BeautAdvisor are sold by our Partners and not by us. We are only responsible for arranging and concluding your booking and we have been appointed by our Partners to act as their commercial agent to do so.

If you pay for Services from our Partners through our Website or our Mobile app, we may collect and receive your payment on behalf of the relevant Partner in our capacity as their commercial agent. In this event, our successful receipt of your payment will discharge your debt to the Partner for the Services.

The contract for the Services is directly between you and the relevant Partner. We are not liable for the Services you receive from our Partners. Please check all details and any restrictions relating to a Service thoroughly before booking.

If you want to reschedule or cancel a Dated Booking (and provided that rescheduling or cancellation (as applicable) is not prohibited by the Partner Terms and Conditions and/or by these Booking Terms and Conditions) this must be requested and completed by either:

using your BeautAdvisor account via the Website or the Mobile app;

following the link in your Order Confirmation email; or

emailing our Customer Service team at bookings@beautadvisor.com

Rules regarding cancellation vary depending on whether you have purchased a Dated Booking, an Overnight Spa Break.

You may cancel a Dated Booking (except for Overnight Spa Breaks) within 24 hours of receiving your Order Confirmation provided the appointment is not due to take place in the next 72 hours (or 48 hours or 24 hours in some cases, dependant on the relevant Partner Terms and Conditions). In such cases we can offer you a full refund. If, however, the appointment is due to take place within the next 72 hours (or 48 hours or 24 hours in some cases dependant on the relevant Partner Terms and Conditions), you will not be entitled to a refund or a credit note.

If you wish to cancel a Dated Booking (except for Overnight Spa Breaks) more than 24 hours after receiving your Order Confirmation, and provided the applicable appointment is not due to take place within the next 72 hours (or 48 or 24 hours in some cases, dependent on the relevant Partner Terms and Conditions), we can offer you a credit note for the applicable amount. If, however, the appointment is due to take place within the next 72 hours (or 48 hours or 24 hours in some cases dependant on the relevant Partner Terms and Conditions), you will not be entitled to a refund or a credit note.

If you have booked an Overnight Spa Break, this cannot be cancelled or rescheduled unless permitted by the relevant Partner Terms and Conditions. It is therefore very important that you read the relevant Partner Terms and Conditions carefully before booking any Overnight Spa Breaks through our Website or our Mobile app.

If you want to contact us, please get in touch with our customer service department:

Email: bookings@beautadvisor.com

Post: BeautAdvisor Limited, 1 Lees Hall Chambers, Mincing Lane, Blackburn BB2 2AD

Tel: 0800 678 5038

Full version

Please read these Booking Terms and Conditions carefully before you complete any transactions via the Website or our Mobile app, as these "Booking Terms and Conditions" will apply to your transaction. We recommend that you print a copy of these Booking Terms and Conditions for future reference. If you do not agree with these Booking Terms and Conditions, you must not use our Website or our Mobile app to make a booking.

 

Defined Terms

For ease of reference the following terms shall having the following meanings in these Booking Terms and Conditions:

"Mobile app” means the BeautAdvisor  Mobile application software available for download from iTunes and Google Play;

"Customer", "you" and "your" means you, the buyer of any Services;

"Dated Booking" means an appointment at a specific time/date with a particular Partner for the provision of Services;

"Order" has the meaning given below;

"Order Confirmation" has the meaning given below;

"Overnight Spa Break" means a Dated Booking for an overnight stay at a spa/hotel purchased or booked via the Website or our Mobile app;

"Partner(s)" means our selected third party providers of goods and services who offer their goods and services for sale via our Website or our Mobile app;

"Partner Contract" has the meaning given below;

"Partner Terms and Conditions" means any Partner terms and conditions of sale and/or of business (including without limitation that Partner’s privacy policy, booking policy, delivery policy, health and safety policy, and returns/refund policy – as applicable);

"Services" means any products, goods and/or services of a Partner offered for purchase or booking via the Website or our Mobile app;

"BeautAdvisor Contract" has the meaning given below; and

Introduction and relationship between you, us and third party partners

This Website and our Mobile app are operated by BeautAdvisor Limited (t/a BeautAdvisor), a company registered in England under company number 9284410 and whose registered office is at 1 Lees Hall Chambers, Mincing Lane, Blackburn BB2 2AD. ("BeautAdvisor", "us", "we" or "our" for short).

The Website and our Mobile app allow you to book and pay for a broad range of beauty and spa services from a variety of providers (our Partners). Those Services are provided by our various Partners and not by us. BeautAdvisor is responsible for taking and concluding your bookings as the commercial agent of the relevant Partners. The provision of the Services booked via our Website or our Mobile app is the responsibility of the Partner which provides them. In the event you pay for Services via the BeautAdvisor Website or BeautAdvisor Mobile app, then your payment will either be paid directly to the relevant Partner or will be received by us acting as commercial agent on behalf of the Partner. If we receive payment as commercial agent on behalf of the relevant Partner, our receipt of the correct payment will discharge your debt to that Partner.

The legal implication of this is that in when you purchase Products/Services, it will create two binding legal contracts:

a contract between you and BeautAdvisor (under which BeautAdvisor has certain responsibilities to you in relation to the purchase or booking) (the "BeautAdvisor Contract"). That contract is made based on these Booking Terms and Conditions; and

a contract between you and the relevant Partner in respect of the provision or supply of the Products/Services which you book through the Website or our Mobile app (the "Partner Contract"). That contract may include separate Partner Terms and Conditions, which we will notify you of before you make a booking either on the relevant Partner's page on the Website or via our Mobile app or by way of a link to such Partner Terms and Conditions from that Partner's page on the Website or our Mobile app.

All Services available for purchase on the Website or via our Mobile app are offered by BeautAdvisor on behalf of its Partners. That is, BeautAdvisor takes and concludes your bookings as a commercial agent for its Partners. Therefore, we are not responsible or liable to you for the actual Services that are booked through the Website or our Mobile app.

We amend these Booking Terms and Conditions from time to time. Every time you wish to make a transaction on the Website or via our Mobile app, please check these Booking Terms and Conditions to ensure you understand the terms which will apply at that time.

Orders and how the contract is formed between you and us

There are types of orders ("Order") you can make on the Website or via our Mobile app: (a) Orders for Services.

In respect of Orders for Services, you can place your Order:

Dated Booking.

The Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each stage of the Order process and before finally submitting your Order.

We are appointed as the commercial agent of the Partner to conclude bookings on its behalf and the Partner Contract will be formed when we send you a written confirmation (usually by email) ("Order Confirmation").

For Dated Booking Orders, if you wish to reschedule your appointment details (time/date) (in whole or in part) after you have received an Order Confirmation, provided your appointment is not due to take place within the next 24 hours, 48 hours or 72 hours (as determined by the Partner and notified to you at the time of making your Order), then please contact us and we will endeavour to offer you a suitable alternative booking time and/or date. If we are unable to accommodate your request to reschedule your appointment:

if you contacted us to do so within 24 hours of receiving your Order Confirmation (and provided the appointment was not due to take place within the next 24 hours, 48 hours or 72 hours from the time you asked to reschedule (such timeframe as determined by the Partner and notified to you on making your Order)), we will offer you a refund in respect of the part of your Order which we are unable to reschedule; or

if you contacted us to do so 24 hours or more from receiving your Order Confirmation, provided the appointment was not due to take place within the next 24 hours, 48 hours or 72 hours from the time you asked to reschedule (such timeframe as determined by the Partner and notified to you on making your Order), we will offer you a credit note in respect of the part of your Order which we are unable to reschedule.

You can contact us to reschedule an appointment at bookings@BeautAdvisor.com, via the Website or the Mobile app or by following the link in your Order Confirmation email. Please note that our ability to accommodate your request will be subject to the Partner’s availability during the time you wish to reschedule.

If you wish to cancel an Order before you have received an Order Confirmation, please notify us immediately by emailing bookings@BeautAdvisor.com. If you wish to cancel a Partner Contract (i.e. if you wish to cancel an Order after you have received an Order Confirmation), please refer to our cancellation policy below.

Please note, as set out in our Website & Mobile app Terms of Use, we reserve the right to withdraw access to our Website and/or Mobile app and/or cancel any Order in the event that you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account.

Services

Our Partners are under a legal duty to provide Services that are in conformity with the relevant Partner Contract.

All Services shown on the Website and our Mobile app are subject to availability and the images and/or descriptions of the Services on the Website and our Mobile app are for illustrative purposes only and actual Services may vary from those images and/or descriptions. We require our Partners to ensure that all information provided by them for display on their page of the Website or via our Mobile app is accurate, complete and not misleading in any way but we cannot verify the information which they provide to us. It will be each Partner's responsibility to ensure that all of its Services listed on the Website or via our Mobile app are available and accurately described.

If you are a consumer, you have legal rights in relation to Services that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Booking Terms and Conditions will affect these legal rights.

It is your (or the person receiving the Services) sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to the Partner that might affect or be affected by any Services (for example without limitation, allergy information and health issues). If you (or the relevant recipient of the Services) fail to disclose any such information to the applicable Partner, neither BeautAdvisor nor the relevant Partner shall be liable to you (or the recipient of the Services) for any injury, loss or damages resulting from the Services that could reasonably have been avoided if you (or the recipient of the Services) had disclosed that information prior to receiving the Services.

Cancellations

In addition to your other legal rights, you may in certain circumstances have the right to cancel a Partner Contract and/or BeautAdvisor Contract (as applicable) and receive a refund or a credit note in accordance with the terms set out herein.

If you change your mind about an Order for an Overnight Spa Break or a Dated Booking and wish to cancel it, the following cancellation terms apply:

Overnight Spa Breaks

Important: overnight spa breaks may not be cancelled after you have received your order confirmation unless the relevant partner terms and conditions permit such cancellation. please read the relevant partner terms and conditions carefully before booking to ensure you are clear as to whether cancellation of your order is permitted by that partner or not and therefore whether you are prepared to proceed with entering into the partner contract on that basis.

Dated Bookings (excluding Overnight Spa Breaks)

If you cancel (in whole or in part) a Dated Booking (excluding Overnight Spa Breaks) within 24 hours of receiving your Order Confirmation, provided the applicable appointment is not due to take place within the next 72 hours (or 48 or 24 hours in some cases as determined by the relevant Partner), you will be entitled to a refund of the applicable amount via the original method of payment. If the appointment is due to take place within the next 72 hours (or 48 or 24 hours in some cases as determined by the relevant Partner), you will not be entitled to any refund or credit note.

If you cancel (in whole or in part) a Dated Booking (excluding Overnight Spa Breaks) more than 24 hours after receiving your Order Confirmation provided the applicable appointment is not due to take place within the next 72 hours (or 48 or 24 hours in some cases as determined by the relevant Partner), you will be entitled to a credit note for the applicable amount which must be redeemed on the Website or the Mobile app within six months of receipt by you of such credit note. If the appointment is due to take place within the next 72 hours (or 48 or 24 hours in some cases as determined by the relevant Partner), you will not be entitled to any refund or credit note.

If permitted by these Booking Terms and Conditions and the relevant Partner Terms and Conditions, cancellations of Dated Bookings must be made by one of the following methods: using your BeautAdvisor account via the Website or by using the Mobile app;

following the link in your Order Confirmation email; or

emailing our Customer service department on bookings@BeautAdvisor.com.

Please note that in a small number of circumstances it may not be possible to cancel a dated booking but we will draw this to your attention before you place your order so that you can decide whether or not you are prepared to proceed with entering into the contract on that basis.

Please note that no refund or credit note will be given where a cancellation is attempted 72 hours (or 48 or 24 hours in some cases as determined by the relevant partner) or less from a booked appointment.

Resolving Issues

We care about your experience and want to ensure we maintain the highest standards possible and so if you would like to make a complaint about one of our Partners or their Services, please email us at bookings@BeautAdvisor.com or write to us at BeautAdvisor Limited, 1 Lees Hall Chambers, Mincing Lane, Blackburn BB2 2AD or call us on 0800 678 5038.

Following receipt of a complaint we will contact the Partner to try and resolve the issue on your behalf. If we are unable to resolve the issue following contact with the Partner, if we consider it to be fair in all the circumstances, we may at our sole discretion elect to:

give you a credit note for the disputed/complained about amount of your Order (to be redeemed on the Website or the Mobile app to reduce the purchase price of any Services); or

as a last resort or in extreme circumstances and always at our sole discretion refund the disputed/complained about amount directly to you via the original method of payment. Please note that it might take up to 30 days to receive a full refund in such cases.

Further or alternatively, if you are unhappy with the Services received from a Partner pursuant to an Order, you can also:

speak to the Partner yourself to try and resolve the issue; and/or

leave an honest review on the Website or via the Mobile app to reflect your experience.

Important note: please do bear in mind that while we take all complaints about our partners very seriously and will always do what we can to help to resolve them, we are not responsible to you for the service(s) which the partners provide and are under no obligation to provide you with a refund or credit note in the event you are dissatisfied with services which you have received from our partners.

Price and payment

Prices and any applicable delivery and/or processing charges will be as quoted on the Website or via the Mobile app from time to time, but may be subject to change by BeautAdvisor or Partners at any time (in which case the Website and the Mobile app will be updated accordingly, but changes will not affect Orders in respect of which you have already been sent an Order Confirmation prior to the date the change is published on the Website and the Mobile app).

Prices include VAT where applicable unless it is stated otherwise on the relevant page in relation to the relevant Services.

The Website and our Mobile app contain details of a number of Services and it is possible that, despite BeautAdvisor’s best efforts, some of the pricing and other information shown for certain Services is incorrect.

Unless it is available and you have opted for "Pay at Venue", payment for all Services must be made at the time of booking in pounds sterling, USD and/or euros by credit or debit card, or via a third party payment processor such as PayPal or by using the online payment Gateway ("Payment Gateway"). If you do choose to pay via a third party payment processor, you will be redirected to their site to make payment and will be subject to their terms and conditions, privacy policy and other terms of use. Please check those carefully before confirming your booking. You will be responsible for protecting the confidentiality of your Website or Mobile app user ID and any password or other security information used by you to access your account on the Payment Gateway. Any currency conversion costs or other charges incurred by you in making a payment will be borne by you in addition to the price due to us.

Payments made through the Payment Gateway are processed by third party payment services providers. BeautAdvisor takes reasonable care to ensure that the Payment Gateway is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such Payment Gateway, nor can we guarantee that the Gateway is virus or error free. We use third party payment service providers to process payments and because there are many factors beyond our control (such as delays in the banking system or in card networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment. Access to the Payment Gateway may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such Payment Gateway and will do what we can to restore the Gateway as soon as reasonably possible.

If you pay for Services via the Payment Gateway, BeautAdvisor will collect the payment in its capacity as the commercial agent of the relevant Partner. Once BeautAdvisor has successfully received your payment for the Services, this will discharge your debt to the Partner on whose behalf BeautAdvisor has collected the payment.

For certain Dated Booking Orders, there may be an option for you to make a "Pay at Venue" booking. This means that you can make the Order but then pay for it directly to the Partner at the time of the appointment (i.e. not pay for the Order in advance on the Website or via our Mobile app through the Payment Gateway). Please note, this option is not available in all circumstances. This option will only appear if the Order and the Partner are both eligible for “Pay at Venue”.

Please note that when you make a "Pay at Venue" Order, you are still entering into a binding legal contract in respect of the Order and once your Order Confirmation is sent and the Partner Contract has been formed, you must pay the Partner in full when you (or the recipient of the Services) attend the appointment. If you fail to show up to an appointment that you have not paid for you will still be liable to the Partner for the full amount due under the Partner Contract, unless cancelled. In all cases the Partner Contract will be subject to the relevant Partner Terms and Conditions.

If you fail to pay the relevant Partner in full in respect of a “Pay at Venue” Order which has not been cancelled by you of these Booking Terms and Conditions, you will not be permitted to make any further “Pay at Venue” Orders on the Website or via our Mobile app for a period of 12 months from the date of such appointment. During this time, you will only be permitted to pay for Orders via the Payment Gateway.

Liability

Where we have been negligent and/or breached a contractual obligation to you, we will be liable for any loss or damage you suffer as a result provided that loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our negligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time we entered into the BeautAdvisor Contract.

We do not accept any liability for the following types of loss, whether caused by breach of contract, tort (including negligence) or otherwise, even if the loss is foreseeable: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; or waste of management or office time.

We do not exclude or limit our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under English law.

Our right to vary these Booking Terms and Conditions

We may revise these Booking Terms and Conditions from time to time in the following circumstances:

if we change the process for accepting payment from you;

if there are changes in relevant laws and regulatory requirements; and/or

if there are any other changes to our business that reasonably means we need to amend these Booking Terms and Conditions.

General

All communications and notices from you must be sent to BeautAdvisor by email at bookings@BeautAdvisor.com or by post to: BeautAdvisor Limited, 1 Lees Hall Chambers, Mincing Lane, Blackburn BB2 2AD. BeautAdvisor may communicate and give notice to you via post, email or by posting notices on the Website or via our Mobile app.

Please note our customer service department hours are: 9am-6pm Monday to Friday, 9am-5pm on Saturdays and 10am-4pm on Sundays and Bank Holidays (closed Christmas Day and New Years’ Day).

If any of these Booking Terms and Conditions are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

These Booking Terms and Conditions will be governed by and construed in accordance with the laws of England. You and we each agree that the English courts will have non-exclusive jurisdiction over any claim or dispute arising from, or related to, the ordering and/or supply of Services via the Website or our Mobile app.

 

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