Paid for a year membership ~3 months ago and now the company has moved/is no longer in business

Z

Zackori.Scalf

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Florida
Alright so I will try to explain this as best as possible and I appreciate any help that can be provided.

Around September 9th/10th I paid for a full year of membership at this place called iTan which was for my mom as her birthday was on September 11th.

I am almost positive she still has the gift certificate that they hand wrote out to me showing the year membership and the bottle of lotion that I paid for so she could pick out whichever one she wanted when she went in there.

Since it was for her birthday, they gave me the certificate so she could come in there afterwards and show whomever was working at the time that she also had the bottle of lotion or whatever.

Anyways, I paid for the full year of membership and now just a few months later, they are no longer in that shopping center anymore.

My mom called and did some research to finally find the owner's number.

She called him and told him that she would like to be refunded at least for the amount of money that she did not get to use (~$400/9 months should be pretty fair in my opinion, I was not asking for the entire $400 back as she had been using the place at least once per week since September) and he said that he could not do that because "this was not his fault".

I will explain more as to what he means by "it's not his fault" below, but this is what he told her as far as her options were:

(Note: I paid for this service in full. There weren't any installment payments.)

She could go down the road about 45 minutes to an hour and a half (depending on traffic), and she would be able to get an entire extra year (2 full years) PLUS another bottle of lotion when she ran out of the one she has

or

She could go down the road to the nail salon that he owns/works with (I'm not sure which one it was) and she could get $400 worth of credit there until it ran out.

Here are the problems with both of those things:

I did not pay for $400 for my mom to have to drive 45 minutes+ out of her way to go tan on her way home from work. This place is directly on her route home from work and it was easy to access.

There are other tanning salons that are around the area, so why should she have to drive out of her way when it is not her fault that this guy is no longer in business?

She typically rides with my grandma from home to work as they both live together, and if she is going to go on her way home from work, she doesn't want to make my grandma drive an hour and a half south just to go tan for 10 minutes really quick. It makes absolutely zero sense and the owners of this place does not understand this.

Now, what he means by "it's not his fault" is this:

He told me that he was sub-leasing the building from the guy that was actually leasing the building. Supposedly, the guy that was leasing the building told everyone else who sub leases inside of the strip that this guy was not paying his bills so the actual person leasing the entire strip building could not pay the rent, but on the phone he says that he pulled out all of his check receipts and proved that they were paying their bills on time (I don't believe anything until I see it, so this guy could be telling the truth or not telling the truth, but if you read the res of the story, you'll see why I don't think he's telling the truth).

My mom called the place that is right down the road that runs the nail salon, and they told her that the guy who was sub-leasing inside the strip came to them and said he was having to move and needed somewhere to send his clients, but he was no longer going to do tanning in this area.

If he is no longer going to do tanning in this area, I don't see how he can just keep my money and send my mom off to use a service that was not at all paid for. If I wanted her to get her nails done, I would have paid for her to get her nails done.

What doesn't make sense to me is that he was the only one that was thrown out of that entire strip, so if he was not doing anything wrong, why was he the only one that was rid of? Why did the rest of the people not get thrown out if the main leasee was not able to pay his bills. If he was not able to pay the bills on the entire strip, then everyone would have had to vacate the building (I would think so anyways).

I have tried calling Bank of America, but since my accounts have been closed out since then and I have moved to Chase, they said there is nothing they can do to help me. The only thing I can do is "file a complain with the BBB" or I can try to sue him if I have records of me making the payment. They told me I can try to go into a local branch and get a print out of the transactions for the closed account, so if I can successfully do that, then I will be able to provide that information as well.

Any help on this situation would be incredibly helpful.

Thank you.
 
First of all, you bought the gift card so this is between you and the business so go ahead and get the gift card back from your Mom and come back and report what it says.

If that's your only "contract" with the business, I'll have to see exactly what it says before going further.
 
First of all, you bought the gift card so this is between you and the business so go ahead and get the gift card back from your Mom and come back and report what it says.

If that's your only "contract" with the business, I'll have to see exactly what it says before going further.


Hey thanks so much for the reply and here is the Gift Certificate from the place.

ai.imgur.com_3XvJsnJ.jpg
 
Hey thanks so much for the reply and here is the Gift Certificate from the place.

ai.imgur.com_3XvJsnJ.jpg

That might be able to pass as receipt, mate, but it fails to mention or denote the exact terms of what "lotion bottle" and "ultra tanning" mean.

Therein, friend, lies your quandary.
 
That might be able to pass as receipt, mate, but it fails to mention or denote the exact terms of what "lotion bottle" and "ultra tanning" mean.

Therein, friend, lies your quandary.

Alright, I definitely understand what you are saying.

I guess I am just going to take this as a loss and more or less a lesson learned, but is there anything that you can recommend me do next time to make sure that I have 100% proof of something like this?

What exactly would the receipt need to say for me to have a solid case?

I don't plan on buying anymore year memberships for myself nor anyone else because of this, but I would still like to know just so I can save someone from this mis-fortune later on down the road.
 
What the receipt (gift certificate) also fails to do is limit the membership to a particular location and/or radius. Regardless of the reason for the loss of the prior location, the company is offering to continue the membership at an alternate location and, thus, complying with the minimal terms of the gift certificate.

What you want to see in future deals is a specific refund or adjustment policy in case a location closes or anything else happens.
 
What the receipt (gift certificate) also fails to do is limit the membership to a particular location and/or radius. Regardless of the reason for the loss of the prior location, the company is offering to continue the membership at an alternate location and, thus, complying with the minimal terms of the gift certificate.

What you want to see in future deals is a specific refund or adjustment policy in case a location closes or anything else happens.


Thank you very much for this clarification and I will be sure to do this from now on.
 
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