How does the court rule on a claim for 1,000 yuan for a failed haircut?
Compiled from: Guangzhou Intermediate People's Court
Mingming had agreed with Tony, but after a few snips, it turned into a hair-cutting disaster scene. When a haircut goes wrong, who is responsible?
Case review
For her wedding styling needs, Ms. Tang, who had waist-length hair, went to a salon for a trim. After some discussion, the hairdresser began cutting her long hair. When finished, Ms. Tang found the hair was significantly shorter than requested, leading to a dispute over the length.
Ms. Tang stated that before the haircut, she had thoroughly communicated with the hairstylist and stood up to measure and confirm with the hairstylist by hand the length of hair after cutting. She repeatedly emphasized that because the styling for her wedding photos and wedding banquet had already been booked, her hair could not be cut too short, and trimming it to elbow length would be sufficient. However, during the trimming process, the hairstylist kept cutting behind her back and did not confirm the hair length with her again throughout the entire process. After the trimming was completed, Ms. Tang discovered that her hair had been cut to shoulder length, which was more than 10 centimeters shorter than the elbow length agreed upon by both parties.
The hair salon argued that the services provided in the hairdressing industry consist of trimming hair, altering its shape and color, and the like. Before cutting, the hairstylist had fully communicated with Ms. Tang and reached a mutual agreement, providing the haircutting service in accordance with Ms. Tang’s instructions. Ms. Tang raised no objections during the service. Moreover, the hairstylist holds a nationally recognized professional qualification certificate and has over 10 years of experience, and the service provided was without defect.
After the police were called, the two parties remained at an impasse. Ms. Tang then filed a lawsuit with the court, seeking 3,000 yuan from the hair salon for the cost of repairing her shortened hair, 3,000 yuan for emotional distress caused by the infringement, 2,000 yuan for lost wages, and 500 yuan for transportation expenses. She also demanded that the hair salon refund the 900 yuan remaining on her membership card.
[1] Court Opinion
In this case, after the barber provided hair trimming services to Ms. Tang, her hair was cut to shoulder length, approximately 10 centimeters shorter than the length agreed upon by both parties. As a professional barber, the shop's barber should have been highly sensitive to the length of hair being trimmed for customers. His failure to strictly trim Ms. Tang's hair according to the length agreed upon by both parties resulted in a discrepancy between the trimmed hair and the agreed length. Ultimately, the court determined that the hair salon committed a certain degree of breach of contract in the performance of the service contract.
Regarding the amount of compensation, since the hair salon did indeed commit certain breaches of contract in the performance of the service contract and failed to actively and properly resolve the dispute after it arose, resulting in the dispute remaining unresolved for an extended period, and since Ms. Tang inevitably incurred certain lost wages and transportation expenses in pursuing her rights through multiple channels, the court, after comprehensively reviewing all evidence in the case, exercised its discretion to order the hair salon to compensate Ms. Tang a total of 500 yuan. As for Ms. Tang’s claims for hair repair costs and moral damages, the court did not support them because Ms. Tang failed to submit sufficient evidence to substantiate them. In addition, regarding Ms. Tang’s request for a refund of the 900 yuan remaining balance on her membership card, the hair salon did not object to this claim, and the court supported it.
In summary, the Baiyun District People's Court of Guangzhou, Guangdong Province, rendered a first-instance judgment ordering the hair salon to compensate Ms. Tang 500 yuan for her losses, refund the 900 yuan remaining on her membership card, and dismiss her other claims. Both parties accepted the judgment and did not appeal, and the judgment has taken legal effect.
Civil Code of the People's Republic of China
[6] Article 509
The parties shall fully perform their obligations as agreed. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and trade practices of the contract. In the course of performing the contract, the parties shall avoid wasting resources, polluting the environment, and damaging the ecosystem.
Article 577
If a party fails to perform its contractual obligations or performs them in a manner inconsistent with the agreement, it shall bear liability for breach of contract, such as continuing performance, taking remedial measures, or compensating for losses.
[1] The author's perspective
In reality, cases similar to Ms. Tang's experience are not uncommon. Consumers often communicate confidently with hairstylists, only to end up with a hairstyle far from what was expected, leaving many to swallow their grievances in silence.
On one hand, this outcome is often due to inconsistencies in communication and understanding. If a consumer's lawful rights and interests are infringed upon during the receipt of services, they may negotiate with the service provider for a resolution. If negotiation fails, they should retain evidence and promptly report the matter to the local market supervision authority or consumer association, or use legal means to protect their lawful rights and interests.
On the other hand, service providers should strengthen employee skills training, further improve business processes, enhance service quality, and operate with integrity and attentive service, as these are the foundation and survival path of any service organization.
