How does the court rule on a claim for 1,000 yuan for a failed haircut?
Compiled from: Guangzhou Intermediate People's Court
Mingming and Tony had agreed, but after a few "snip snips," it turned into a haircut disaster. Who is responsible when a haircut goes wrong?
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 she had fully communicated with the hairdresser before the cut, stood up to confirm the length with hand gestures, and repeatedly emphasized that due to pre-booked wedding photos and banquet styling, the hair should not be cut too short—only to elbow length. However, the hairdresser cut from behind without reconfirming the length, and afterward, Ms. Tang discovered her hair had been cut to shoulder length, over 10 centimeters shorter than the agreed elbow length.
[1] The hair salon stated that the service provided by the hairdressing industry involves cutting, reshaping, and coloring clients' hair. The hairdresser had fully communicated and reached an agreement with Ms. Tang before cutting her hair, providing the service according to her wishes. Ms. Tang raised no objections during the process, and the hairdresser held a nationally recognized professional qualification certificate with over 10 years of experience, so the service was flawless.
[2] After police intervention, the dispute remained unresolved. Ms. Tang sued the hair salon, demanding compensation of 3,000 yuan for hair repair costs after the cut, 3,000 yuan for mental distress damages due to infringement, 2,000 yuan for lost wages, 500 yuan for transportation costs, and a refund of 900 yuan from her membership card balance at the salon.
[1] Court Opinion
[3] In this case, after the hairdresser provided Ms. Tang with a haircut, her hair was trimmed to shoulder length, about 10 centimeters shorter than the agreed length. As a professional hairdresser, the stylist should have been highly sensitive to the length of the client's haircut but failed to strictly follow the agreed length, resulting in a discrepancy. The court ultimately found that the hair salon had breached the service contract to some extent.
[4] Regarding compensation, since the hair salon had indeed breached the service contract and failed to actively resolve the dispute after it arose, leading to a prolonged conflict, Ms. Tang inevitably incurred certain lost wages and transportation costs from seeking redress. Based on all evidence, the court determined that the hair salon should compensate Ms. Tang with a total of 500 yuan. As for Ms. Tang's claims for hair repair costs and mental distress damages, the court did not support them due to insufficient evidence. Additionally, regarding Ms. Tang's request for a refund of 900 yuan from her membership card balance, the hair salon did not object, and the court upheld it.
[5] In summary, the Guangzhou Baiyun District People's Court issued a first-instance judgment, ordering the hair salon to compensate Ms. Tang with 500 yuan in damages and refund 900 yuan from her membership card balance, while dismissing Ms. Tang's other claims. Both parties accepted the verdict, and the judgment has taken 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.