ComplaintsforPawsense Daycare & Boarding

• Initial Complaint

  11/27/2022

  Complaint Type:

  Product Issues

  Status:

  Unresolved

  More info

  Hello, The first name of the business institution's owner is Diane. My mother enrolled our puppy into her dog daycare and after two sessions, Diane sent an email to my mother demanding to change the terms of the current contract. The new terms of the contract stated that the business owner, Diane, would now be able to charge up to an additional price of one day of daycare on top of the already prepaid package price. My mother responded that she did not agree to the new terms and Diane stated my puppy would no longer be able to attend the daycare if my mother did not sign the new contract. Per the BBB website, Diane has not currently obtained the proper license from Baltimore County as of 09/20/2022 to administer dog daycare services from her home. The dog daycare package was prepaid in the amount of a little over ~$500. Our puppy only unfortunately used two sessions and the remaining balance of the money was not refunded. We truly hope that no other customers are taken advantage of by this business and want to ensure this does not happen to anyone else.

  Business response

  01/09/2023

  Business Response /* (1000, 5, 2022/11/28) */ This has previously been discussed with the credit card company from this customer, as well as, with the customer The original contract that the customer signed is attached and states the packages are non-refundable. Diana chose to purchase the package against our advice, where it was stated that her dog was not interacting well with the other dogs. Stella (the dog) had already received a warning when Diana purchased the package. Diana was informed numerous times prior that her dog needed training and was not behaving appropriately in our daycare center. The package was purchased on 8/29, which was 1 visit after Stella's initial evaluation where we informed owners of the behavior concerns, and that Stella would be on a probationary period. The first official warning for Stella was on 9/8. Our contracts are reviewed by a legal team for each quarter and updated accordingly to meet business needs. As part of our contracts, the following reads: FULL FORCE AND EFFECT: Owner further understands and expressly agrees that each and every one of the foregoing provisions contained in all paragraphs shall be in force and effect and shall apply to each and every occasion on which Owner's dog(s) stays with Pawsense Daycare & Boarding Enrichment Center for daycare, extended boarding, or other services, as the case may be. This Agreement shall remain in full force and effect between the parties until and unless otherwise canceled or superseded by a writing signed by the parties. Owner hereby certifies that Owner has read and understands this Waiver and Release of Liability and the regulations set forth above. By signing this agreement, Owner agrees to be bound by its terms and conditions. Our contracts were updated on end of September to include the following: 'RIGHT OF REFUSAL: Pawsense Daycare & Boarding reserves the right to refuse admittance to any dog or dismiss any dog that does not meet or maintain the health, temperament, or other daycare/boarding standards. The determination shall be made at the sole discretion of Pawsense Daycare. If your dog(s) has not visited Pawsense in over 30 days, your dog will be required to pass another evaluation. This will be charged at the full Daycare rate, plus an evaluation fee. If for any reason, you are unable to complete an evaluation prior to your reservation, you agree to the No Evaluation rate per night. During your dog's visit to Pawsense, if there are any behavioural issues where your dog has received 1 or more warnings, Pawsense has the right to assess an additional increased rate of no more than a full daycare day.' The client did not agree to the updated contract and then chose to severe her existing contract with Pawsense via email. Pawsense Management and myself have attempted to contact Diana Passwaters on numerous occasions to discuss the issue at hand, however, Diana has hung up on staff and refused to take our calls. Consumer Response /* (3000, 7, 2022/11/29) */ (The consumer indicated he/she DID NOT accept the response from the business.) Inaccurate information. Please see response in attached file for clarification. Consumer Response /* (3000, 11, 2022/11/30) */ Thank you for your prompt response. Unfortunately, this information is simply not true. On Friday, August 26th at 10:22am we received a text message from the Pawsense Dacyare and Boarding facility stating that Stella was "doing well" and "will pass daycare". As a result of this information stating Stella was interacting well, we naturally did move forward and purchase a package for Stella. Stella received her warning on the second day of her dog daycare package, which we have written confirmation of her daycare report card that we received via email. On Thursday, September 1st, Stella received a report card from daycare stating her demeanor was "cautious, happy-go-lucky, and pleasant". Coincidentally, a stark contrast from the information provided in Diane's report. Additionally, Diane breached her original contract when she unexpectedly changed the pick up daycare hours from 6:30pm to 5:00pm with no offer of a resolution. When asked about this drastic change in pick up hours, the Pawsense Daycare & Boarding business replied on Wednesday, September 7th at 12:38pm and stated "we are experiencing a shortage in staffing and are unable to accommodate pick-ups after 5pm". No resolution was offered for this change in hours and our family was dependent upon later pick up hours in order to pick Stella up after the work day. Diane continues to reiterate that the package was nonrefundable, which we also fully acknowledge and understand. The issue at hand was never that the package was nonrefundable. The issue at hand is that a contract cannot legally be changed by one party without the consent of the other party. Diane sent an email the day before the next scheduled daycare session and received a prompt reply expressing our concern in regards to the terms of the new contract. Diane was made aware that we would not be signing the new contract, but that we would be happy moving forward with our original signed contract, which was agreed upon by both parties. Diane declined this offer and stated that we would have to sign the new contract in order to continue attending daycare. On Friday, September 28th at 1:52pm, Diane sent an email response in regards to our concern of the new terms stating that "since our policy has been rewritten, this terminates the effectiveness of the previously signed agreement," thus acknowledging her original contract was null and void. Please note, no business owner is legally allowed to force, pressure, or coerce a customer into signing a new contract. The unprofessionalism and disorganization of Diane's business has truly been disappointing and we truly hope that future customers are aware of her business practices. We had so much hope that Diane would become a part of our puppy's growth and learning, but we were sadly mistaken. Furthermore, I would like to draw attention to the fact that Diane has chosen to not address that she is unlicensed on the Better Business Bureau website. Per the BBB website, "on 09/30/2022 BBB confirmed that Pawsense Daycare & Boarding had not obtained a necessary license from Baltimore County, MD. Such a license is required in Baltimore County, MD for businesses offering pet boarding and kenneling services". Lastly, in regards to receiving multiple calls and attempts from staff, this is also untrue. One phone call has been made as of Monday, November 28th. Coincidentally, this is the first phone call made right after Diane was informed a BBB complaint was filed against Pawsense Daycare & Boarding. Diane has had ample time to contact us before yesterday, November 28th, as this issue has been ongoing since September 29th, thus approximately two months. Please note Diane made one phone call and stated that she was recording my mother and no other multiple phone calls or even attempts via email have been made. Thank you for taking the time to read our concerns and we hope that a resolution can be reached soon. Consumer Response /* (3000, 12, 2022/11/29) */ ***Document Attached*** Please see photos of evidence below. Thank you. Business Response /* (1000, 17, 2022/12/09) */ ***Document Attached*** Grammar issue resolved from previously uploaded document. PFA the updated document Business Response /* (1000, 18, 2022/12/08) */ ***Document Attached*** PFA Pawsense response. Consumer Response /* (3000, 20, 2022/12/09) */ (The consumer indicated he/she DID NOT accept the response from the business.) Thank you for your reply. Please let me highlight as well as provide clarification to the false claims ***** **** is now stating below. This is an excerpt from ***** ****'s most recent response. ***** **** states that, "upon further discussion from the customer, the customer is stating there is no refund or exchange issue because it was understood and acknowledged the packages were non-refundable". There has been no further communication with the customer and it has never been said that there is no issue of whether a refund is due. I did in fact acknowledge that her original contract states the package is nonrefundable, but at no section in the original contract does it state Diana **** *** change the terms of the signed contract at any time and force the customer into signing a new contract. Yes, a refund is due as Diana **** cancelled her original contract and attempted to coerce me into signing a new contract, thus even acknowledging that as a result of rewriting her policy terminating her original contract "terminates the effectiveness of the originally signed agreement". In regards to false reviews being created, again this is an untrue claim that Diana **** is making as I have not posted anything online except a BBB complaint. It is alarming that Diana **** repeatedly may make these false accusations. Thank you for taking the time to review my claim and I hope that a resolution may be reached soon.

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩