Thursday, 12 February 2009

Spa spat goes to the courts


They had complained of unprofessional service, unanswered phone calls to the spa and having to make bookings four weeks in advance.
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Guanyu said...

Spa spat goes to the courts

Teo Xuanwei, TODAY
12 February 2009

They had complained of unprofessional service, unanswered phone calls to the spa and having to make bookings four weeks in advance.

After nearly a year since grouses about the level of service provided by True Spa were aired in online forums, 16 people have filed a collective action suit against the beauty services provider.

In their suit, the 16 allege that True Spa had breached its respective contracts with them because it had not “kept up to (its) side of the bargain”.

Rajah & Tann’s Francis Xavier, who is representing True Spa, confirmed that they received a writ of summons on Jan 24.

“It is our view that the claim is unmeritorious. It is not clear to us at this point what are the specific complaints from each of the plaintiffs as the statement of claim had yet to be filed,” the Senior Counsel told Today.

Mr. Xavier said True Spa had tried to resolve the 16 individuals’ complaints amicably in the past but “all our client’s overtures have been unreasonably rejected”.

“Our client believes that some of these members’ complaints also arise purely from buyers’ remorse and not any specific grounds of complaint,” he added.

The 16 complainants have engaged Clifford Law’s lawyer Nicholas Aw to obtain a refund of the unused amounts in their respective contracts because of their “unhappiness and disappointment at the level of service accorded to them”. The packages the group had signed up cost between $500 and $7,000.

Today understands that lawyers for both parties were in court on Tuesday and the complainants now have to file a statement of claims.

The wheels for the suit were set in motion last May when one of the 16 complainants, Ms. Tan Siang Mei, went to online forums in search of spa members who had had a similar experience.

Ms. Tan had signed up for a $4,000 package with True Spa - which has outlets in Ngee Ann City and Cuppage Terrace - in June 2006.

So far, Ms. Tan said she has only used about $580 worth of services.

“It was such an unpleasant and frustrating experience. I wanted to find others like me who just want to cancel their packages,” the 29-year-old assistant marketing manager told Today.

Ms. Tan said she left her contact details in over 50 forums before rallying together 15 others who wanted to seek legal recourse - after her complaints to the Consumers Association of Singapore (Case) and Small Claims Tribunal did not make much headway.

Like several others among the 16 complainants whom Today spoke to, Ms. Tan alleged that “it’s almost impossible to even reach the staff of True Spa, let alone book appointments”.

Another complainant likened securing a booking to “striking lottery”.

A 24-year-old financial services consultant, who declined to be named, said she had experienced several last-minute cancellations.

“Having to make bookings four weeks in advance is already ridiculous,” she told Today. “Then they call you shortly before your appointment date to say that the slot has been taken up because of a mix-up. And it happened not just once.”

Senior Counsel Xavier noted that True Spa “had revamped and upgraded their spa software and booking system, increased their rooms in their flagship store at Ngee Ann City and has also opened another spa in the city area at Cuppage Terrace, offering all members additional facilities”.

According to Case’s executive director Seah Seng Choon, the consumer watchdog has received three complaints against True Spa this year for unsatisfactory service (inability to make bookings), misleading claims (inability to terminate contracts despite earlier verbal promises) and pushy sales tactics.

Insurance executive Mary Gomez, 38, another member of the group of 16, said that she had not been able to book any appointments since she signed up for a $1,300 package in January last year.

She added: “I just pray that I can get my money back.”