Hair salon scam transfer, can my prepaid card still be used?

[2] Compiled from: Shandong High Court
 
Case review
One day, when Ms. Ye went to the salon for services, she found it had quietly changed its name. Upon entering, she was told the previously promised 50% discount was no longer valid. Only after inquiring did she learn that the original Mouyu

 
 

One day, Ms. Ye went to the hair salon for a service and found that it had quietly changed its name. When she tried to enter for a service, she was told that the previously promised 50% discount could not be used. Upon further inquiry, Ms. Ye learned that the original salon, Mouyu Hair Salon, had been transferred to a new owner due to poor management. She was required to recharge 1,000 yuan or apply for a new membership card with a recharge of 2,000 yuan to enjoy the new salon's membership discounts.

Believing she had fallen victim to a "trap consumption" scheme, Ms. Ye contacted the original salon owner, Chen. Chen replied that the salon had been transferred and the new salon's business practices were unrelated to him. Unable to accept this response, Ms. Ye demanded a refund of the remaining balance on her card, but Chen repeatedly delayed payment, citing poor business performance and personal financial difficulties.

In anger, Ms. Ye filed a lawsuit with the Yongjia County People's Court in Wenzhou City, Zhejiang Province, demanding that Chen, the person in charge of Mouyu Hair Salon, refund the remaining balance of 2,278 yuan on her card.

 
 

 
[1] Court Opinion
The court held that the defendant, Chen, had transferred the hair salon to a third party without the plaintiff's consent, and the consumption prices were significantly higher than originally agreed. This transfer had no legal effect on the plaintiff. Since the original salon had been deregistered and the original contract could no longer be performed, the plaintiff's request for the defendant to refund the remaining unspent amount of 2,278 yuan was justified, and the court supported it.
Ultimately, the court ruled that the defendant, Chen, must refund the plaintiff, Ms. Ye, the remaining unspent amount of 2,278 yuan.

 
 

 
Article 555 of the Civil Code of the People's Republic of China
With the consent of the other party, a party may transfer its rights and obligations under the contract to a third party.
 
 
[1] The author's perspective
In this case, Ms. Ye obtained a membership card at the first barbershop, indicating that a service contract had been formed between the two parties. However, Chen, the obligor under the contract, transferred the barbershop to a third party without Ms. Ye’s consent. Although the remaining balance on the card could still be used, the consumption prices were significantly higher than originally agreed, severely harming Ms. Ye’s interests. Therefore, this transfer has no legal effect on the plaintiff, Ms. Ye. However, if Ms. Ye’s consent had been obtained in advance, the rights and obligations stipulated in the contract could be transferred together, and the contract could continue to be performed.

The author reminds that the law is not merely a decoration; it only takes effect when applied in practice. The principles of voluntariness, equality, honesty, and trustworthiness should be followed between business operators and consumers. If consumers encounter obviously unreasonable or grossly unfair situations during consumption, they must take up the legal weapon to protect their legitimate rights and interests. This not only helps protect themselves but also serves as a supervisory role in society, leaving unscrupulous merchants with no place to hide.