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Terms of spa's sale determine who is liable for gift certificate
Q: I hope you can help me.
Last Christmas, my husband bought me a $200 gift certificate to A Bella Spa in Homosassa. It was purchased Dec. 11.
The same day, the spa was sold. My husband was never informed.
I phoned in January to make an appointment but only got an answering machine. I phoned every week until April, when I drove by. A sign stated it was closed for renovations.
On April 22, my husband went down and spoke to "Betty." She told him there were new owners but they would accept the gift certificate. She said I should call to make arrangements.
I phoned that afternoon and was told the spa couldn't offer all the services on the gift certificate, but they were hiring new people and would be able to soon.
I phoned again in July and this time I was told the new owners would not accept the gift certificate and there were signs all over stating this. How could I know that when I still hadn't been able to make an appointment?
On July 27, I called and spoke to the new owner and the manager to no avail.
Visiting a spa is a special treat for me. I only get to do it once a year. At this point, I just want my money back.
Nina Castilli Hyer
A: Oasis Bella Hotel general manager Mit Shah said the spa closed Aug. 26, the day before we spoke. Despite having sent him your entire file, he asked repeatedly what you wanted.
The hotel and gym portions of the business are still operating and Shah said he'd credit you a membership for the equivalent of your gift certificate or hotel accommodations. But nothing more.
Contact him at the hotel if you're interested.
When a business is sold, the new owner is only obligated to honor gift certificates if it has purchased the company's assets and liabilities. A gift certificate is considered a liability.
So, if the new owners didn't purchase A Bella's liabilities, you may have a case against its original owners, according to Sandi Copes at the Florida Attorney General's office.
To make a determination, you'd need to learn the terms of the sale.
Charge for canceling service contract is credited to account
Q: I had at least six months of static on my phone line, erratic Internet service and visits by Verizon's technicians to my home.
I was told the problem was with my inside wiring so I bought a service contract for $39.95, rather than pay for a $50 to $75 service call.
I received discounts to my bills, but after all this time, I decided to go with another service provider.
When I got my final bill, I was charged $39.95 for the service contract, which was fine, but there was also a $50 fee for canceling it.
I never received the service contract and no one told me there was a cancellation fee.
Mathilda Schultz
A: Verizon's external affairs representative Steve Mixson said your account has been reviewed and credited for the cancellation fee.
[Last modified: Sep 02, 2008 11:49 PM]
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