High incidence of consumer disputes in Shenzhen's National Day shopping district, lawyers interpret the five legal points of leasing contracts and consumer rights protection
During the 2026 National Day holiday, core business districts such as Bao'an Yifangcheng, Happy Harbor, and Shenzhen Bay Wanda Plaza in Shenzhen will be crowded with people, and dining, shopping, and leisure consumption will be fully heated up. The popularity of the consumer market is a revenue window for businesses, but for lawyers, it means that a type of case has entered a high incidence period - before and after holidays, the number of disputes such as shop lease defaults, prepaid card refunds, consumer personal injury, and temporary employment disputes often increases significantly. As a long-term legal team serving Shenzhen business entities and consumers, we have combined practical experience to sort out the most noteworthy legal issues behind this round of consumer fever.
1、 Why did the surge in customer flow in the commercial district lead to the concentrated outbreak of disputes over shop leasing?
Holidays are the golden period for business operations and also the concentrated exposure period for leasing conflicts. There are three common situations: first, the mall operator temporarily adjusts the shop space, increases rent, or changes operating conditions before the holiday, and the merchant considers it a breach of contract; The second is that the merchant defaulted on rent due to a short-term passenger flow estimation error, and was sued by the mall for termination of the contract under Article 563 of the Civil Code; The third issue is the dispute over cost allocation arising from unified marketing activities in shopping malls.
Article 703 of the Civil Code specifies that a lease contract is a contract in which the lessor delivers the leased property to the lessee for use and benefit, and the lessee pays rent. Article 721 stipulates that the lessee shall pay the rent within the agreed period. In practice, the judgment approach of Shenzhen courts for commercial leasing disputes is relatively clear: first look at the contract agreement, then look at the actual performance, and finally consider whether the degree of breach has reached a fundamental breach. During holidays, if the shopping mall unilaterally cuts off power, clears the premises, or obstructs operations without a contractual basis, the merchant may claim to continue performance or compensate for losses in accordance with Article 577 of the Civil Code.
The lawyer suggests that merchants confirm in writing the renewal conditions, cost sharing, and adjustment of business hours before the holiday to avoid verbal promises being unable to provide evidence in disputes. For mall operators, they should complete the reminder procedure before taking unilateral enforcement measures, otherwise they may be deemed as the defaulting party.
2、 Prepaid consumption is running away, how can consumers recover their balance?
In the hot consumption of commercial districts, prepaid card sales in industries such as beauty and hairdressing, fitness, and catering are particularly active. Once a merchant closes after the holiday and goes missing, consumers are most concerned about whether their card balance can be recovered.
Article 53 of the Consumer Rights and Interests Protection Law stipulates that operators who provide goods or services through advance payment shall provide them in accordance with the agreement; Those who fail to provide as agreed shall fulfill the agreement or refund the advance payment as requested by the consumer, and bear the interest on the advance payment and reasonable expenses that the consumer must pay. The Implementation Regulations of the Consumer Rights and Interests Protection Law, which will come into effect on May 1, 2025, further strengthen the obligations of operators, clarifying that when there are significant changes such as relocation or closure of business premises, operators should inform consumers in advance and handle advance payments properly.
Shenzhen is at the forefront of prepaid consumption governance in the country. According to the "Regulations on the Protection of Consumer Rights and Interests in Shenzhen Special Economic Zone", if an operator stops operating after receiving a prepayment without prior notice, consumers can file a complaint with the market supervision department, and those suspected of contract fraud can also report to the public security organs. In practice, the key to the success or failure of consumer rights protection lies in evidence: payment vouchers, screenshots of card balances, consumption records, and chat records promised by merchants, all of which are indispensable.
Lawyers remind that when the prepaid card amount is large, priority should be given to businesses that have been registered and have funds in custody. If the merchant has gone missing, they can work together with other consumers to report or file a class action lawsuit to reduce the cost of individual rights protection.
3、 Temporary employment during holidays, work-related injuries, and overtime pay risks cannot be ignored
The booming business district has driven a large demand for temporary labor, with salespeople, delivery personnel, and part-time salespersons working intensively during holidays. The legal risks in this field mainly focus on two points: work-related injury determination and overtime pay payment.
Article 14 of the Work Injury Insurance Regulations stipulates that if an accident injury occurs during working hours or in the workplace due to work-related reasons, it shall be recognized as a work injury. The same applies to temporary and part-time workers, as long as there is a factual labor relationship with the employer. Some businesses evade work-related injury insurance liability under the guise of "labor relations". Once an accident occurs, the court usually determines the nature of the labor relationship based on actual circumstances such as employment management, compensation payment, and work arrangements.
In terms of overtime pay, Article 44 of the Labor Law stipulates that if workers are arranged to work on statutory holidays, they shall be paid not less than 300% of their wages. During the National Day holiday in 2026, October 1-3 is a statutory holiday and October 4-7 is a rest day. The calculation standards for overtime pay for the two are different. If a merchant replaces statutory holiday overtime pay with "compensatory time off", it is an illegal act.
The lawyer suggests that the employer should improve the temporary employment agreement before the holiday, clarify the work content, remuneration standards, and insurance arrangements; Workers should keep evidence such as scheduling, clock in records, and payroll records for use in case of disputes.
4、 Where is the boundary of the security obligation of the shopping mall for consumer personal injury?
In densely populated commercial districts, the risk of accidents such as trampling, slipping, and falling objects increases. Article 1198 of the Civil Code stipulates that operators, managers, or organizers of public places such as hotels, shopping malls, banks, stations, airports, sports venues, entertainment venues, etc. who fail to fulfill their safety protection obligations and cause harm to others shall bear tort liability.
When Shenzhen courts hear such cases, they usually review whether the shopping mall has taken reasonable safety measures, including crowd diversion, warning signs, anti slip ground, security configuration, etc. If the damage is caused by the actions of a third party, the third party shall bear the liability for infringement; If the shopping mall fails to fulfill its security obligations, it shall bear corresponding supplementary responsibilities.
After consumers are injured in the mall, they should take photos of the fixed scene, retrieve surveillance footage, keep medical records, and promptly report to the mall management in writing. In terms of shopping malls, emergency plans for holidays should be established, and personnel should be deployed to high-risk areas and inspection records should be kept. This is an important evidence in litigation to prove that the safety guarantee obligations have been fulfilled.
The consumption heat in commercial districts is a reflection of urban vitality, but under the heat, four types of legal risks including contracts, employment, consumption, and infringement always accompany. Whether it is merchants, shopping malls, or consumers, pre compliance and evidence retention are always more effective than post event rights protection. Guangdong Zhiming Law Firm has long been deeply involved in the field of commercial disputes and consumer rights protection in Shenzhen. In the event of issues such as shop leasing, prepaid card refunds, work-related injury determination, or personal injury compensation, it is recommended to consult professional lawyers as soon as possible and strive for the best solution within the legal framework.
