Is it legal to refuse a refund to a person who cancels an appointment massage or facial even if the appointment is re-booked and paid for by someone else?

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Is it legal to refuse a refund to a person who cancels an appointment massage or facial even if the appointment is re-booked and paid for by someone else?

A business states that it’s policy as: full refund with at least 24 hours notice, 50% forfeiture of payment with less than 24 hours notice and no refund without notice. Is it legal to refuse refund if they received one hour notice? Also, what if the appointment is re-booked and paid for by another guest? Shouldn’t the first guest be refunded no matter what or can you take payment for the same session twice?

Asked on August 7, 2012 under Business Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, it is legal for a business to have a no refund policy, such as no refund with less than an hour's notice. If this was the policy and was stated somewhere clients/customers could find it (e.g. on a website; at their front desk if someone booked in person; was told verbally to the person when he/she booked; etc.) it is legal and enforceable; the client had notice of the policy and choose to book a massage anyone. By booking the massage with notice of the policy, the person bound him/herself to it.


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