Getting a card is easy, but refunding it is difficult; a college student angrily sues a barbershop.
[2] Compiled from: Changqing Court
To attract customers, many barbershops offer various types of haircut cards, locking in repeat customers with discounted prices. However, in practice, there is a phenomenon of "one minute to get a card, no way to get a refund." The refund process has become a frequent source of disputes. When faced with a barbershop that refuses a refund or refuses a full refund, some consumers, seeing that the remaining balance is not much, simply resign themselves to the loss, while others stand their ground and successfully defend their lawful rights and interests through legal means. Let’s take a look at the following case.
Case review
Xiao Li is a university student who frequented a barbershop near his school during his studies. In 2020, Xiao Li deposited 200 yuan at the barbershop to open a haircut card, which was used to purchase services from the shop. He consistently had a positive experience, and out of trust in the establishment, he renewed with another 200 yuan in February 2022. After previous expenditures, the remaining balance on his card was 199 yuan. Due to the pandemic, Xiao Li's university implemented closed management, and after the renewal, he was unable to use the card at the barbershop. Consequently, on May 23 of the same year, Xiao Li requested to terminate the contract and asked the barbershop to refund the remaining balance.
Xiao Li assumed that as a regular customer, the matter would be resolved smoothly. However, after multiple negotiations, the barbershop agreed to a refund but refused to refund the full remaining balance. It stated that if the card were canceled, the discounts Xiao Li had previously enjoyed would be recalculated at the original prices, leaving only 90 yuan to be refunded. As the negotiations with the barbershop failed, Xiao Li filed a lawsuit against the barbershop with the Changqing Court.
[1] Court Opinion
The court found that Xiao Li had purchased a prepaid card at a barbershop, and the barbershop provided haircut services to Xiao Li, forming a service contract relationship between the two parties, both of whom were required to perform the contract in good faith. In this case, to handle the card refund, Xiao Li filed a complaint and initiated a lawsuit against the barbershop, escalating the conflict. Under these circumstances, Xiao Li was no longer suitable to continue performing the contract. Xiao Li requested a card refund from the barbershop, and the barbershop agreed to the refund, but the two parties could not reach an agreement on the refund amount. Therefore, it was evident that both parties intended to terminate the contract. Accordingly, based on legal provisions, the service contract in question was terminated, and the court confirmed this.
After the contract involved in the case was rescinded, the barbershop should have returned the remaining balance in Xiao Li's prepaid card. The 199 yuan in Xiao Li's card was recharged in February 2022, and he did not visit the barbershop for any services after the recharge. The barbershop's demand to calculate Xiao Li's previous consumption before February 2022 at the original price and to refund only 90 yuan has no factual or legal basis. The final judgment is as follows: the service contract between Xiao Li and the barbershop was rescinded on May 23, 2022; the barbershop shall return the prepaid service fee of 199 yuan to Xiao Li within three days from the effective date of this judgment.
Civil Code of the People's Republic of China
Article 562
The parties may terminate the contract upon mutual agreement.
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[1] The author's perspective
According to the above legal provision, based on the principle of voluntariness, parties have the right to voluntarily terminate a contract within the scope prescribed by law. Termination by mutual agreement refers to the parties, after the contract takes effect but before it is performed or fully performed, reaching a consensus to terminate the original contract through negotiation, with the purpose of ending the contract. Termination by mutual agreement is a bilateral legal act and should follow the procedures for contract formation, meaning both parties must express consistent intent to terminate the contract, and the original contract remains valid until an agreement is reached.
This case also serves as a reminder to consumers: stay calm when faced with consumption discounts, carefully read the contract terms before purchasing such prepaid cards, fully understand the subsequent procedures for refunds and transfers, and remain vigilant against merchants' deliberate urging and intentional concealment. After purchasing a prepaid card, consumers should remember to request receipts from the merchant and properly retain relevant evidence, such as WeChat chat records, advertising brochures, prepayment agreements, payment receipts, and other evidence. In the event of a dispute, consumers should promptly and rationally seek to protect their rights, safeguarding their legitimate interests in accordance with the law.
