Booking Terms and Conditions

Please read these Booking Terms and Conditions carefully before you complete any transactions via the Website, App or Widget 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, App or Widget to make a booking.

1. Defined Terms
   1. For ease of reference the following terms shall having the following meanings in these Booking Terms and Conditions:
      1. “App” means the Treatwell Customer mobile application software available for download from iTunes and Google Play;
      2. "Customer", "you" and "your" means you, the buyer of any Services;
      3. “Dated Booking” means an appointment at a specific time/date with a particular Partner for the provision of Services whether made via the Website, App or Widget and includes Widget Bookings;
      4. “Order” has the meaning given in section 3.1 below;
      5. “Order Confirmation” has the meaning given in section 3.3 below;
      6. "Partner(s)" means our selected third party providers of goods and services who offer their goods and services for sale via our Website, App or Widget;
      7. “Partner Contract” has the meaning given in section 2.3(b) below;
      8. “Payment Facility” means the online payment facility which you can use to pay for Services at the time of booking;
      9. "Services" means any products, goods and/or services of a Partner offered for purchase or booking via the Website, App or Widget;
      10. “Treatwell Contract” has the meaning given in section 2.3(a) below; and
      11. "Treatwell Gift Card" means any gift card issued by Treatwell and which may be redeemed on the Website or the App to discount the purchase price of Services, in accordance with clause 9. Treatwell Gift Cards are available for purchase in the following denominations and in electronic format only: €10, €15, €20, €25, €30, €50, €60, €75 and €100;
      12. “Widget” means the web interface owned and provided by Treatwell which the Partner may embed on its own website and/or social media channel(s), and through which Customers can make Widget Bookings; and
      13. “Widget Booking” means a Dated Booking booked and purchased online directly with the Partner via the Widget. NB. It does not include bookings made on the Widget using the “Pay at Venue” option which Treatwell has no involvement in.
2. Introduction and relationship between you, us and third party partners
   1. This Website, App and Widget are operated by Treatwell BNL B.V., a company registered in the Netherlands under company number 56870256 and whose registered office is at Vijzelstraat 79, 1017 HG Amsterdam, Netherlands, with VAT registration number NL852340114B01 ("Treatwell", "us", "we" or "our" for short).
   2. The Website, App and Widget 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. The provision of the Services booked via our Website, App or Widget is the responsibility of the Partner which provides them. In the event you pay for Services via the Website, App or Widget, 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.
   3. The legal implications of this is that when you purchase Services, with the exception of Orders made using the “Pay at Venue” option on the Widget where no binding contract is formed, it will create two binding legal contracts:
      1. a contract between you and Treatwell (under which Treatwell has certain responsibilities to you in relation to the purchase or booking) (the “Treatwell Contract”). That contract is made based on these Booking Terms and Conditions; and
      2. a contract between you and the relevant Partner in respect of the provision or supply of the Services which you book through the Website, App or Widget (the “Partner Contract”). That contract is subject to certain provisions of these Booking Terms and Conditions including the cancellation period, which we will notify you of before you make a booking either on the relevant Partner's page on the Website, App or Widget.
   4. All Services available for purchase on the Website, App or Widget are offered by Treatwell on behalf of its Partners. That is, Treatwell 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, App or Widget (including those Services purchased using Treatwell Gift Cards).
   5. We amend these Booking Terms and Conditions from time to time as set out in clause 10. Every time you wish to make an Order on the Website, App or Widget please check these Booking Terms and Conditions to ensure you understand the terms which will apply at that time.
3. Orders and how the contract is formed between you and us
   1. There are two types of order ("Order") you can make on the Website or via our App: (a) Orders for Services and (b) Orders for Treatwell Gift Cards.
   2. 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.
   3. We are appointed as the commercial agent of the Partner to conclude Dated Bookings on its behalf and the Partner Contract will be formed when we send you a written confirmation (usually by email) ("Order Confirmation"). In respect of Orders for Treatwell Gift Cards receipt of an email confirmation or an electronic voucher (whichever is received earlier) will count as an Order Confirmation. If you do not receive an Order Confirmation from us, it’s your responsibility to contact us via this web form in order to verify your appointment has been confirmed with our Partner. Your Order Confirmation is your receipt from Treatwell. If you require a VAT receipt you need to contact the Partner directly. See clause 8.2 for more information.
   4. If you wish to reschedule Dated Bookings (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 1 hour, then please either do so via the Website or App (if available), by following the link in your Order Confirmation, by contacting us via this web form or directly with the Partner. We or the Partner will endeavour to offer you a suitable alternative booking time and/or date. Please note that our ability and the Partner’s ability to accommodate your request will be subject to the Partner’s availability during the time you wish to reschedule. If we are unable to accommodate your request to reschedule, whether or not you are eligible for a refund will depend on whether or not your appointment is due to take place within the next 24 hours.
      1. If your appointment is not due to take place within the next 24 hours, your appointment will be treated as cancelled by you and you will receive a refund; or
      2. If your appointment is due to take place within the next 24 hours, your appointment will be treated as cancelled by you and you will not receive a refund.
         
         Please note you cannot reschedule your appointment details (time/date) (in whole or in part) where your appointment is due to take place within the next 1 hour.
   5. If you wish to cancel an Order before you have received an Order Confirmation, please notify us immediately by contacting us via this web form. 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 in clause 5 below.
   6. Please note, as set out in our Website & App Terms of Use, we reserve the right to withdraw access to our Website and/or 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.
4. Services
   1. Our Partners are under a legal duty to provide Services that are in conformity with the relevant Partner Contract.
   2. All Services shown on the Website, App or Widget are subject to availability and the images and/or descriptions of the Services on the Website, App or Widget 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, App or Widget 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, App or Widget are available and accurately described.
   3. If you are a consumer, you have legal rights in relation to Services that are not performed with reasonable care and skill or are otherwise not as described. Advice about your legal rights is available at www.eccbelgium.be. Nothing in these Booking Terms and Conditions will affect these legal rights.
   4. 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). Subject to clause 9.3, if you (or the relevant recipient of the Services) fail to disclose any such information to the applicable Partner, neither Treatwell 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.
5. Cancellations
   1. In addition to your other legal rights, you may in certain circumstances have the right to cancel a Partner Contract and/or Treatwell Contract (as applicable) and receive a refund in accordance with the terms set out in this clause 5.
   2. If you change your mind about an Order for a Dated Booking, a Widget Booking or a Treatwell Gift Card and wish to cancel it, the following cancellation terms apply:
      1. Dated Bookings (including Widget Bookings)
         1. If you cancel (in whole or in part) a Dated Booking (including Widget Bookings) at least 24 hours before the appointment is due to take place, you will be entitled to a refund of the applicable amount to the original method of payment. If the appointment is due to take place within the next 24 hours, you will not be entitled to any refund.
         2. Cancellations of Dated Bookings (including Widget Bookings) must be made by one of the following methods, either:
            1. by using your Treatwell account via the Website or App (if available)
            2. by clicking on the link in your Order Confirmation;
            3. directly with the Partner; or
            4. by emailing our Customer Experience team via this web form.
         3. PLEASE NOTE THAT IN A SMALL NUMBER OF CIRCUMSTANCES IT MAY NOT BE POSSIBLE TO CANCEL A DATED BOOKING (E.G. IF YOU MAKE A BOOKING LESS THAN 24 HOURS BEFORE THE APPOINTMENT IS DUE TO TAKE PLACE) 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.
         4. PLEASE NOTE THAT NO REFUND WILL BE GIVEN WHERE A CANCELLATION IS ATTEMPTED LESS THAN 24 HOURS FROM A BOOKED APPOINTMENT.
         5. THE STATUTORY RIGHT OF WITHDRAWAL APPLICABLE TO DISTANCE AGREEMENTS IS NOT APPLICABLE TO THE CANCELLATION OF DATED BOOKINGS MADE VIA TREATWELL AS THIS RELATES TO LEISURE SERVICES WHERE A CERTAIN TIME IS SET ASIDE BY THE PARTNER. THE STANDARD WITHDRAWAL REQUEST DOCUMENT ATTACHED TO THESE BOOKING TERMS AND CONDITIONS CAN THEREFORE NOT BE USED TO CANCEL DATED BOOKINGS.
      2. Treatwell Gift Cards
         1. If you cancel (in whole or in part) a Treatwell Gift Card within 14 days of receiving your Order Confirmation, thereby exercising your statutory right of withdrawal, you will be entitled to a refund of the applicable amount to the original method of payment, provided you have not already used it to book an appointment or redeemed it against another purchase. We will grant any refund due within 14 days of agreeing such refund with you in accordance with this clause 5.
         2. If permitted by these Booking Terms and Conditions, cancellations of Treatwell Gift Cards must be made by contacting our Customer Experience team via this web form.
         3. PLEASE NOTE THAT NO REFUND WILL BE GIVEN WHERE A CANCELLATION IS ATTEMPTED ONCE A TREATWELL GIFT CARD HAS BEEN FULLY REDEEMED, EITHER VIA AN APPOINTMENT WITH A PARTNER BEING BOOKED OR BY BEING REDEEMED AGAINST ANOTHER PURCHASE.
         4. PLEASE ALSO NOTE THAT WHERE A CANCELLATION IS ATTEMPTED ONCE A TREATWELL GIFT CARD HAS BEEN REDEEMED IN PART, EITHER VIA AN APPOINTMENT WITH A PARTNER BEING BOOKED OR BY BEING REDEEMED AGAINST ANOTHER PURCHASE, NO REFUND WILL BE GIVEN IN RESPECT OF THE REDEEMED PART OF THE TREATWELL GIFT CARD.
6. Resolving Issues
   1. 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 either:
      1. speak to the Partner yourself to try and resolve the issue;
      2. leave an honest review on the Website or via the App to reflect your experience; and/or
      3. contact us via this web form, write to us at Treatwell, Vijzelstraat 79, 1017 HG Amsterdam, Netherlands and we’ll do our best to help.
   2. 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 and on the basis of goodwill elect to:
      1. give you a credit note for the disputed/complained about amount of your Order (to be redeemed on the Website or the App to reduce the purchase price of any Services); or
      2. 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.
   3. 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.
7. Treatwell Gift Cards
   1. Treatwell Gift Cards are issued by Treatwell electronically to the email address provided at the time the Order is made. You may only redeem a Treatwell Gift Card for Orders placed online through the Website or App for Services. This means that we will reduce the purchase price payable for the Services by the equivalent value on your Treatwell Gift Card. If the purchase price of Services is less than the value of your Treatwell Gift Card, any remaining balance on your Treatwell Gift Card will be shown in the “My Wallet” section of your profile (you will be required to create such a profile in order to use your Treatwell Gift Card for the first time).
   2. Treatwell Gift Cards are only cancellable in accordance with clause 5.
   3. You cannot use a Treatwell Gift Card to:
      1. pay for Services at a Partner's own venue or on their own website;
      2. purchase additional Treatwell Gift Cards; or
      3. exchange the balance on a Treatwell Gift Card for cash.
   4. All Treatwell Gift Cards are only valid for the period of twelve months after the date of their purchase. The expiry date of your Treatwell Gift Card will be included in your Order Confirmation. If you have added the Treatwell Gift Card to an account, you will also be able to see when your Treatwell Gift Card balance is due to expire when you log in and visit the My Wallet section of your profile.
   5. You are responsible for keeping your Treatwell Gift Card safe and we do not accept liability for Treatwell Gift Cards that are lost, stolen, damaged or used without authority. If you are aware that a Treatwell Gift Card has been lost or stolen, you should contact us immediately on 025 88 47 55 and, provided the Treatwell Gift Card has not already been redeemed, we will cancel the Treatwell Gift Card and issue you with a new one.
   6. As of 01/05/2018 Treatwell no longer issues Treatwell Gift Cards with a 24-month expiry period and no longer issues hard copy gift cards. These have been replaced with the Treatwell Gift Card which has a 12-month expiry period and is delivered in electronic format only. If you have a Treatwell Gift Card that was purchased before 01/05/2018, you will still be able to redeem this on the Website or App provided you do so before the expiry date. If you have any queries regarding Treatwell Gift Cards, whether purchased before or after 01/05/2018, please contact us on 025 88 47 55.
8. Price and payment
   1. Prices and any applicable delivery and/or processing charges will be as quoted on the Website, App or Widget, but may be subject to change by Treatwell or Partners at any time (in which case the Website, App or Widget will be updated accordingly) and it is possible that, despite our best efforts, some of the pricing and other information shown for certain Services is incorrect. If the Service’s correct price at the time of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If your Order has been accepted and you have been sent an Order Confirmation before the pricing error was realized, if the pricing error is obvious and could reasonably have been recognized by you as a pricing error, we will provide you with the option of reconfirming your Order at the correct price, failing which the Order will be cancelled. Where an Order is cancelled we will refund you any sums you have paid.
   2. The Partner has full responsibility for accounting for VAT on the total value of the Order, where applicable. Treatwell does not charge you VAT on Orders as the Services are provided by the Partner, not by Treatwell. As a result, Treatwell cannot provide you with a VAT invoice in respect of your Order. You will need to contact the Partner direct to obtain a VAT invoice, where applicable.
   3. Unless it is available and you have opted for "Pay at Venue" (see clause 8.7 below), payment for all Services must be made at the time of booking in euros by credit or debit card, or via a third party payment processor such as PayPal or by using the Payment Facility. 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 Order. You will be responsible for protecting the confidentiality of your Website or App user ID and any password or other security information used by you to access your account on the Payment Facility. 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.
   4. Payments made through the Payment Facility are processed by third party payment services providers. Treatwell takes reasonable care to ensure that the Payment Facility is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such Payment Facility, nor can we guarantee that the facility 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 Facility 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 Facility and will do what we can to restore the facility as soon as reasonably possible.
   5. If you pay for Services via the Payment Facility, Treatwell will collect the payment in its capacity as the commercial agent of the relevant Partner. Once Treatwell has successfully received your payment for the Services, this will discharge your debt to the Partner on whose behalf Treatwell has collected the payment.
   6. For most 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 through the Payment Facility). This option will only appear if the Order and the Partner are both eligible for “Pay at Venue” (which in most cases, they will be). Please also note that on the Website and App, you are only permitted to have up to three “Pay at Venue” bookings at any one time. PLEASE NOTE THAT TREATWELL GIFT CARDS CANNOT BE REDEEMED AT ‘PAY AT VENUE’ BOOKINGS.
   7. Please note that when you make a "Pay at Venue" Order on the Website or App, 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 accordance with clause 5. In all cases the Partner Contract will be subject to these Booking Terms and Conditions including the cancellation period.
   8. In the case of “Pay at Venue” Orders on the Widget, you are not entering into a binding legal contract in respect of the Order and therefore you and the Partner are able to cancel up until the time the appointment takes place. No Treatwell Contract or Partner Contract is formed.
9. Liability
   1. 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 Treatwell Contract.
   2. 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; or waste of management or office time.
   3. 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 Belgian law.
10. Our right to vary these Booking Terms and Conditions
    1. We may revise these Booking Terms and Conditions from time to time in the following circumstances:
       1. if we change the process for accepting payment from you;
       2. if there are changes in relevant laws and regulatory requirements; and/or
       3. if there are any other changes to our business that reasonably mean we need to amend these Booking Terms and Conditions.
    2. Every time you order Services or Treatwell Gift Cards via the Website, our App or via the Widget, the Booking Terms and Conditions in force at that time (and available for view on the Website, App anvd Widget and accepted by you at check-out) will apply to the Treatwell Contract between you and us and the Partner Contract between you and the Partner. You can find the date on which these Booking Terms and Conditions were last updated at the top of this page.
11. General
    1. All communications and notices from you must be sent to Treatwell via this web form or by post to Treatwell, Vijzelstraat 79, 1017 HG Amsterdam, Netherlands. Treatwell may communicate and give notice to you via post, email or by posting notices on the Website, App or Widget.
    2. Please note our customer support hours are: 8.30am-7.00pm Monday to Friday, and 9am-6pm on Saturdays and Bank Holidays (closed on Sundays, Christmas Day and New Years’ Day).
    3. Treatwell reserves the right to deactivate a Customer’s Treatwell account in the event of a breach of these Booking Terms and Conditions and/or where the Customer acts in a way that is inappropriate, abusive or otherwise unacceptable towards our Customer Experience team or employees of a Partner, either in communications via phone or email, or in person at the Partner’s venue.
    4. 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.
    5. These Booking Terms and Conditions will be governed by and construed in accordance with the laws of the Belgium. You and we each agree that the Dutch Speaking courts of Brussels 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, App or Widget.
       
       

Annex I: Model form for revocation (not for Dated Bookings)
Model Form for Revocation
(Complete this form only and return it when you want to cancel the agreement)
To:

Treatwell BNL B.V.

Vijzelstraat 79

1017 HG Amsterdam

Netherlands

Web form

I/We* hereby agree that our agreement regarding the sale of the following Products [Product Description]* the delivery of the following digital content [Digital Content Description]* the operation of the following service [Service Description]* is revoked Ordered on/Received on [Order Date For Services or Receipt for Products]* [Consumer Name] [Consumer Address] [Signature of Consumer (s)] (Only when this form is submitted on paper)

* Delete what does not apply or complete what is applicable.