Getting a card is easy, but refunding it is difficult; a college student angrily sues a barbershop.
[2] Compiled from: Changqing Court
[3] To attract customers, many barbershops offer various haircut cards, locking in repeat customers with discounted prices. However, in practice, there is a phenomenon of "one minute to get a card, but no way to cancel it," making the cancellation process a common source of disputes. When faced with a barbershop refusing a refund or a full refund, some consumers with small balances just accept the loss, while others stand their ground and successfully protect their legal rights through the law. Let's take a look at the following case.
Case review
[4] Xiao Li is a college student who had been frequenting a barbershop near his school. In 2020, he recharged 200 yuan to get a haircut card at this shop for its services. The experience was consistently good, and trusting the shop, he recharged another 200 yuan in February 2022. After previous spending, his card balance was 199 yuan. Due to the pandemic, his school implemented closed management, preventing him from using the card at the shop after the recharge. Thus, on May 23 of the same year, he requested to terminate the contract and demanded a refund of the remaining balance.
[5] Xiao Li thought that as a regular customer, this would be straightforward. However, after multiple negotiations, the barbershop agreed to a refund but refused to refund the full amount. They stated that if he canceled the card, his previous consumption would revert to the original price, leaving only 90 yuan to refund. After failing to reach an agreement, Xiao Li sued the barbershop in 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 termination of the contract in question, the barbershop should have refunded the remaining balance on Xiao Li's prepaid card. The 199 yuan in Xiao Li's card was from a recharge in February 2022, and after the recharge, Xiao Li did not visit the barbershop for any services. The barbershop's demand to recalculate Xiao Li's previous consumption before February 2022 at original prices and refund only 90 yuan lacked factual and legal basis. The final judgment was as follows: the service contract between Xiao Li and the barbershop was terminated on May 23, 2022; the barbershop was ordered to refund 199 yuan of prepaid service fees to Xiao Li within three days of the judgment taking effect.
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.
