Terms & Conditions of Essence Thai Spa Massage
WORKING DRAFT – DO NOT PUBLISH
Draft version: 0.4
Effective date: TO BE COMPLETED before publication
1. Service provider
Essence Thai Spa Massage services are provided by:
Kathelyn Nasayao Marquez-Chovanec
Company ID No.: 19875762
registered office: Matoušova 1286/5, Smíchov, 150 00 Prague 5, Czech Republic
premises: Preslova 1286/13, Prague 5 – Smíchov, Czech Republic
email: info@essencethaispamassage.cz
telephone: +420 774 481 411
hereinafter the “Salon”.
These Terms govern the booking and provision of massage services and, as applicable, the purchase and use of gift vouchers, packages and promotional offers.
2. Services offered
Current services, durations, prices and available appointments are shown on the website or in the booking system. Massages are wellness and relaxation services and are not a substitute for medical care, diagnosis or treatment.
3. Pre-contract information
Before submitting a booking, the customer can review the selected service, appointment, price and payment method. The customer must provide accurate contact details so that confirmation and operational information can be delivered.
Before a booking is completed, the current version of these Terms, including the cancellation policy, must be available through a direct link. The customer must accept them through a mandatory checkbox that is unchecked by default. The booking must not be capable of binding submission or completion without that confirmation.
A separate direct link to the Privacy Policy must also be available before completion. It is an information document and does not require a separate consent checkbox. A brief and prominent cancellation notice must appear before binding submission.
4. Formation of the booking and contract
Before a booking is formed, the customer:
- selects the service and appointment;
- enters the required information;
- confirms through the mandatory checkbox that they have read and accept these Terms, including the cancellation policy;
- submits the booking with binding effect; and
- the booking system successfully creates and confirms the booking.
The customer must be able to review and correct entered information before binding submission.
A successfully completed Acuity booking does not require manual approval. The service contract is formed only after all steps above have been completed, when the booking system successfully creates and confirms the bindingly submitted booking.
Checking the checkbox alone does not create a booking or contract if the customer does not complete the process. Nor do starting the form, an unfinished process or a non-binding enquiry create a contract.
The automatic confirmation email subsequently confirms the concluded booking to the customer; sending it is not an additional condition for contract formation.
Where technically possible, the booking record will include the date and time of acceptance, booking identifier and exact version of the Terms accepted.
5. Prices
The customer pays the price displayed for the selected service when the booking is submitted, unless clearly stated otherwise before contract formation. The price must be final and include all mandatory taxes and fees where applicable.
6. Payment methods
Depending on the options shown during booking, the customer may pay online through Stripe or at the Salon. At the Salon, payment may be made in cash or by payment card. Stripe online payment is available only where offered during booking.
Stripe processes online payments under the terms shown in the payment process. If payment fails, a booking is formed only if the system or Salon nevertheless confirms it.
7. Arrival and provision of the service
Customers should arrive on time. Late arrival may shorten the service where extending it would affect a subsequent booking. The price is not automatically reduced unless otherwise agreed.
Before the service, the Salon may ask questions necessary for safe performance. Customers should tell the therapist about pregnancy, allergies, acute health problems, injury or other circumstances that may affect massage safety. The Salon may reasonably modify or refuse the service where it cannot be provided safely.
We do not normally record or retain this information systematically.
8. Rescheduling by the customer
The customer may reschedule through Acuity where that option is offered for the booking, or by contacting the Salon.
A booking may be changed without a cancellation fee no later than 30 minutes before it begins. An alternative appointment is not guaranteed.
9. Cancellation by the customer
The customer cannot cancel through Acuity. Cancellation is available by telephone at +420 774 481 411, email at info@essencethaispamassage.cz, or WhatsApp at +420 774 481 411.
Cancellation takes effect when the notice reaches the Salon in a manner allowing the Salon objectively to become aware of it. The customer should provide their name and sufficient booking-identification details.
10. Cancellation policy and no-show
The customer may cancel or reschedule without a cancellation fee no later than 30 minutes before the booked appointment begins.
For cancellation less than 30 minutes before the booking or failure to attend without prior cancellation, the Salon reserves the right to request a cancellation fee of up to 100% of the booked service price.
“No-show” means that the customer does not attend and has not cancelled beforehand through an authorised method.
When deciding the fee, the Salon will consider the specific circumstances, particularly timing, whether the appointment could be offered to another customer, actual loss and exceptional substantiated circumstances. The Salon may reduce or waive the fee in exceptional justified cases.
For a prepaid booking, an justified cancellation fee may be set off against the refundable amount. Where the booking was not prepaid, the Salon will inform the customer of the reason and amount requested.
RECOMMENDED FOR LEGAL REVIEW: the proportionality and enforceability of the “up to 100%” cap and its use in individual situations. Automatically charging 100% regardless of circumstances could be considered disproportionate. A legally more cautious option is to request only reasonable compensation reflecting the circumstances and the Salon’s actual loss, capped at the booked service price.
11. Cancellation or change by the Salon
If the Salon cannot provide the service, it will notify the customer without undue delay. No cancellation fee applies. If prepaid, the Salon will, by agreement, offer an alternative appointment or return the corresponding payment by the original method unless otherwise agreed.
12. Happy Hours and special prices
Happy Hours are available Monday to Friday only for selected massages for which a special Happy Hours price is expressly shown on the website or in the booking system. Special Massages and all 30-minute massages are excluded.
The massage must finish no later than 2:00 pm. The finishing time, not merely the starting time, is decisive. A 60-minute massage must therefore begin no later than 1:00 pm and a 90-minute massage no later than 12:30 pm. Happy Hours do not apply where the massage ends after 2:00 pm.
The specific preferential price shown for the service when booking applies; Happy Hours are not a uniform percentage discount.
Happy Hours cannot be combined with other discounts or promotions unless expressly stated for a particular offer. Gift vouchers cannot be combined with Happy Hours and may be redeemed only for their specified service under standard conditions.
A Loyalty code may be used for an appointment falling within Happy Hours under Article 14, but this is not combined with any additional discount.
13. Gift vouchers
A gift voucher is issued for a specific massage or service, not an arbitrary monetary amount, and entitles the holder to that service under standard conditions. It cannot be used for Happy Hours.
A voucher may be electronic and delivered electronically, or physical and issued at the Salon on paper. A gold envelope is included with a physical voucher.
The voucher is not restricted to its purchaser. Anyone holding a valid voucher or booking code may use it. The code is entered when booking and should be protected against unauthorised use. This provision creates no special penalty or liability for a lost or stolen code.
If a code is lost or reasonably suspected stolen or misused, the customer may promptly contact the Salon. Where purchase or entitlement can be sufficiently verified and technically possible, the Salon may block the original code and issue a replacement. The replacement continues the original voucher, does not create a new voucher and does not extend the original validity.
If the original voucher was properly redeemed before loss or theft was reported, the report alone creates no automatic right to a new voucher. Mandatory statutory rights and rights arising from Salon error remain unaffected.
The system currently states a validity period of three months from purchase.
RECOMMENDED FOR LEGAL REVIEW: the legal appropriateness of the three-month validity, the consequences of expiry and any forfeiture of the entire unused service. Refunds and combination with promotions other than Happy Hours must also be set out transparently before publication.
Rules not clearly disclosed before purchase cannot be assumed retrospectively against the customer.
14. Packages, Loyalty and promotional offers
Loyalty is a prepaid package for a specified number of massages. After purchase, the customer receives a unique booking/Loyalty code by email and uses it to book and redeem prepaid massages successively. The code should be protected against unauthorised use.
The code may also be used for an appointment falling within Happy Hours. This gives no right to an additional discount, refund of a price difference or other benefit unless expressly stated for the offer.
The proposed Loyalty-package validity is 12 months from purchase.
RECOMMENDED FOR LEGAL REVIEW: the proportionality of the 12-month validity and especially the consequences of expiry for paid but unused massages. Automatic forfeiture of the entire remaining prepaid performance could create a significant imbalance against the consumer. A legally more cautious alternative is to define 12 months as the standard redemption period, inform the customer clearly before purchase and before expiry, and allow a reasonable extension upon a timely request in justified cases; the specific consequences of non-use must be legally confirmed before implementation.
The offer itself must state the content, number of redemptions, validity and other conditions of a package, Loyalty product or promotion. Those specific terms prevail only to the extent lawful and disclosed before purchase.
TO BE COMPLETED: transferability, refunds, combination with offers other than Happy Hours, partial refunds and the lost-Loyalty-code procedure if these are to form part of the offer.
15. Complaints and rights arising from defective service
If a service is not provided in the agreed scope or quality, the customer may complain without undue delay after discovering the issue, in person at Preslova 1286/13, Prague 5 – Smíchov; by email to info@essencethaispamassage.cz; or in writing to Matoušova 1286/5, Smíchov, 150 00 Prague 5.
The customer should give contact details, date and type of service, a description, requested remedy and, if possible, booking or payment evidence.
The Salon will issue written confirmation showing the complaint date and content, requested remedy and contact details. On completion it will confirm the date and method of resolution or give written reasons for rejection.
The complaint will be resolved and the customer informed within 30 days unless a longer period is agreed. Failure to meet this period has the consequences prescribed by law.
Depending on the defect, the customer may request proper performance, a reasonable discount or refund where legally justified. The available remedy is governed by law and the circumstances.
16. Liability and personal belongings
The Salon is liable for breaches to the extent provided by law. These Terms do not limit consumer rights or liability that cannot be excluded by contract.
Customers should leave belongings only in the designated place and not leave valuables unattended. This does not exclude the Salon’s statutory liability for items brought onto or taken into custody at the premises.
17. Withdrawal from a distance contract
For distance contracts, a consumer may generally have a 14-day withdrawal right unless a statutory exception applies or the service has been fully performed at the consumer’s express request under statutory conditions.
RECOMMENDED FOR LEGAL REVIEW: whether and to what extent a massage booked for a specific appointment falls within a statutory exception. It cannot simply be assumed that a wellness massage always qualifies as a leisure service for a specific date.
RECOMMENDED FOR LEGAL REVIEW: the separate regime for gift vouchers and packages bought online, including 14-day withdrawal, beginning redemption within that period and refunding value. A massage booked for a specific appointment and an unused voucher may not have the same legal treatment.
Before sales launch, the appropriate withdrawal information and, where applicable, a model withdrawal form must be provided.
18. Personal data protection
Information about personal-data processing is provided in the separate Privacy Policy. It is not a consent or part of these Terms unless required by law or the nature of a specific agreement.
19. Alternative dispute resolution
If a consumer dispute cannot be resolved directly with the Salon, the consumer may apply for alternative dispute resolution to:
Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Štěpánská 44, 110 00 Prague 1
website: https://coi.gov.cz/mimosoudni-reseni-spotrebitelskych-sporu-adr/
e-portal: https://eportal.coi.gov.cz/
The application may be filed no later than one year after the consumer first asserted the claim against the Salon. The consumer must demonstrate a prior attempt to resolve the dispute directly.
The European ODR platform is not listed because it ceased operation and the relevant EU regulation was repealed with effect from 20 July 2025.
20. Governing law
Legal relations are governed by Czech law, without prejudice to mandatory consumer rights under the law of the consumer’s habitual residence where applicable.
21. Changes to these Terms
The version effective when a contract is concluded applies to that booking or purchase. The Salon may amend the Terms prospectively; amendments do not retrospectively affect existing contracts unless expressly agreed or required by law.
The current version will display its version number and effective date.
Sources used for this working draft
- Czech Act No. 89/2012 Coll., the Civil Code;
- Czech Act No. 634/1992 Coll., on Consumer Protection;
- Czech Trade Inspection Authority information on complaints and ADR;
- Regulation (EU) 2024/3228 discontinuing the European ODR platform;
- confirmed operational information supplied by the operator.