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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to think that a refund isn’t enough.

65 replies

Thatstingslikemad · 23/04/2018 12:26

I went to a well known spa for the day at Christmas. I am allergic to a very specific chemical, and wrote this on my medical form before I had a treatment. The lady did the treatment but then used a final product which contained the chemical, and it burnt me. Angry
I spoke to the manager and they arranged a refund and some tea and cake, and I asked that the staff be trained to read the product labels and medical forms before doing a treatment.

I went back to the spa this weekend and EXACTLY the same thing happened but with a different treatment, except she used it to start the treatment and had slathered it on without even looking at my form. My skin is burning and I have itched all night. The manager was horrified and offered a refund of the treatment (which hadn’t taken place as she stopped immediately) and a free spa day but I’m not keen on returning now, as you can imagine!

What should I do?

OP posts:
Original poster
Thatstingslikemad · 23/04/2018 13:10

But that’s the point - I wasn’t expecting her to use ANY product on my feet! Plus she was sitting next to my form which said on it in big letters written by me “allergic to alcohol”. It stung like mad and she said “it’s a cooling gel” and then “it says alcohol denat on the label.” Shock

OP posts:
Iamagreyhoundhearmeroar · 23/04/2018 13:11

Open your mouth next time!

Original poster
Thatstingslikemad · 23/04/2018 13:12

I wasn’t expecting them to use any product at all, I was paying to have my feet and nails filed!

OP posts:
Tinkobell · 23/04/2018 13:13

I guess u need to decide if your itchiness etc warrants a trip to a GP to log and solicitor follow up. Will it cost you time off work etc?

Nanna50 · 23/04/2018 13:14

At every spa that I ever go to the therapist has specifically asked before the treatment, do you have any allergies? However we all have to take some self responsibility and I don't think that you did, particularly the second time.

I would not be relying on them to read the form if I had an allergy, especially if it was to a specific chemical, I would be mentioning it every time. I don't think not knowing what the treatment entailed is an excuse for not mentioning it.

The therapist was probably negligent in not reading the form and checking the ingredients. What is it that you want in addition to an apology?

pigmcpigface · 23/04/2018 13:14

I think this is completely unreasonable behaviour on their part; they should check the forms.

However, I also think that those of us with allergies (myself included) need to SPEAK UP EARLY. I was in a cafe recently, and a bloke ordered a "cheese salad" and then had a total meltdown when it contained blue cheese, because he was allergic. There was a sign at the counter saying "Please discuss allergies with us". I do think he bore a bit of responsibility for the fact that he was given (and ate) some food with an allergen in it. He was a complete arse about it to the staff as well.

Similarly, when you go in to see a therapist - before they touch you - you need to say "Before we get started, I need to tell you I am allergic to X. It makes me burn. So please read the labels on any products you use to check, because I've had two bad experiences recently".

MushroomGravy · 23/04/2018 13:16

Even as a trainee beauty therapy student I could tell you what was in every single product I used for dermalogoca in hnc then thalgo for hnd

I think in a lot of situations trainees are more vigilant as they're being taught to do everything by the book before sloppiness creeps in.

MushroomGravy · 23/04/2018 13:16

Op you really should have been asked before anything was put on your feet and yes, you should just maybe be honest and say you want some sort of compensation as it is deserved in this case. Or let them know you're going Yelp the shit out of them.

MushroomGravy · 23/04/2018 13:18

That's a bit different I think pigmcpig.

It would be more like if he submitted a men request saying "no blue cheese" and then someone shoved some cheese in his mouth anyway!

MushroomGravy · 23/04/2018 13:18

menu

pigmcpigface · 23/04/2018 13:24

My point is that you can't rely on forms. You need to have a verbal interaction on the day itself. And you can't trust that someone will remember an allergy from previous verbal interactions either.

Bombardier25966 · 23/04/2018 13:26

An allergic reaction would not cause burns. It may cause a burning sensation, along with itching and redness. Have you taken some antihistamines?

The therapist messed up, but surely you saw her get the gel and go to put it on your feet. The time to say something was at the point she touched the gel bottle, not when she'd put it on.

Avasarala · 23/04/2018 13:27

It caused you some discomfort, but are there any long term effects? Did you lose wages from time off work? Did you need to spend money renovating your house to fit around any permanent disability it has caused? Have you suffered mental trauma from It?

What are the actual damages to you?

They're a spa - they've refunded you and offered free treatments. What else do you want?

Rather than going after money which you've got no cause to ask for, id want a sit down meeting with the owner and managers to discuss the importance of allergies, and find out the procedures they have in place to prevent this happening in the future. Find out what has been said to the staff, and what training they have been given (which really just needs to be read forms and read labels).

After that meeting, go back a couple of times. See if they have implemented the safety checks. Ask them to show you every product they've chosen to use b3fore they start- if any contain alcohol, then you know they havnt learned.

At that point, engage a solicitor because they are completely ignoring allergies and will have been given several chances.

JessieMcJessie · 23/04/2018 13:34

Your title says “a refund isn’t enough”. But they have offered you a refund and a free spa day, not just a refund.

Bluntly, you’re not legally entitled to any “compensation” unless your feet have suffered lasting damage or disfigurement or you’ve been clinically mentally affected by the incident. So legally a refund is all they have to give you.

As a previous poster said, the alcohol in the gel won’t have burnt you, it will be an allergic reaction. Sorry it has been unpleasant but all you can do is never use the place again, give a bad review about them not reading medical advisories and make sure that you always always tell any therapist about the allergy regardless of what you think the treatment will involve.

Original poster
Thatstingslikemad · 23/04/2018 13:36

Rather than going after money which you've got no cause to ask for, id want a sit down meeting with the owner and managers to discuss the importance of allergies, and find out the procedures they have in place to prevent this happening in the future. Find out what has been said to the staff, and what training they have been given (which really just needs to be read forms and read labels).

Did this in December. Lots of assurances about training, which is what I wanted, and was why I was accepting of tea and cake.

This time, it was a foot treatment. The sink is under the chair and slides out so my feet had been soaking in it, and I was chatting to my friend who was having a similar treatment. I didn’t expect the therapist to put anything on, but she took my foot and slathered this stuff on, which she already had on her hands, before I could even think to stop her.

OP posts:
Original poster
Thatstingslikemad · 23/04/2018 13:38

My feet are not permanently disfigured, but they hurt, and I took loads of antihistamines as I started itching all over, and that’s lasted till today, my skin is very blotchy and tender. And it put a dampner on an otherwise lovely day. It’s a great spa with a good reputation and isn’t cheap. I go there about 5 times a year.

OP posts:
YippeeTipTap · 23/04/2018 13:42

Jessie
Bluntly, you’re not legally entitled to any “compensation” unless your feet have suffered lasting damage or disfigurement or you’ve been clinically mentally affected by the incident. So legally a refund is all they have to give you

I’m no expert but I’m pretty sure this is wrong.

sweeneytoddsrazor · 23/04/2018 13:46

So they normally get it right if you go there every 10 weeks or so? Personally I would take the free day and double check before receiving any other treatment

JessieMcJessie · 23/04/2018 13:47

I am a lawyer who defends personal injury claims for a living Yippee . Trust me. Unless she is in serious pain there is no payout for pain and suffering and other damages are compensatory in nature, if she has lost earnings, incurred medical expenses etc.

Original poster
Thatstingslikemad · 23/04/2018 13:49

I don’t usually have a treatment when I go, I just lounge around with a girlfriend. It’s a lovely spa.

OP posts:
YippeeTipTap · 23/04/2018 13:51

OP, You aren’t in the wrong. It was a bit daft not to mention your allergy (I’ve never known a foot treatment not include a product - but if it was you first one then how were you supposed to know 💁🏻) However, even if you were a bit daft it doesnt absolve the Spa. What do you think you want doing.
If safety is indeed your main concern rather than compensation then you should report it to your local governments ENVIRONMENTAL HEALTH DEPARTMENT. They will look into it for you. Potentially they could even prosecute the spa if they find that they breached health and safety legislation.

As I mentioned earlier I think you need to be careful about not appearing to blackmail the spa. Don’t threaten the spa that you will go to the EH Dept in the hope they will give you better compensation.

You need to decide what you want to do.

flumpybear · 23/04/2018 13:52

Sounds like you're wanting to sue - I doubt you'd get anywhere as it's nothing that's caused anything other than irritation

Whenever you go to get any treatments done ask every time, alcohol is in loads of these treatments - I'd be asking them to check the labels of everything

YippeeTipTap · 23/04/2018 13:52

Jessie
I am a lawyer who defends personal injury claims for a living Yippee

Fair enough! I can’t argue with that. 😂😂.

TheJoyOfSox · 23/04/2018 13:52

Are they on trip advisor? Maybe time for a poor review, companies seem to take money re notice of a poor review than they take of actual customers.

JessieMcJessie · 23/04/2018 13:54

Grin Yippee