Nowadays, hair salons can be seen everywhere in the streets and alleys, but it is not easy to find a hairdresser who satisfies oneself. Ms. Xu was very lucky to find a hairdresser who satisfied her and applied for a membership card recharge of 20000 yuan. However, shortly after, the hairdresser resigned. Ms. Xu instantly felt that her stored value card had become a "chicken rib" and could not be refunded. Therefore, she filed a lawsuit to the Huairou District People's Court in Beijing, requesting a refund of her card. After the court's trial, it was found that the service contract between the two parties was not suitable for compulsory performance at this time, and the barber shop was ordered to refund Ms. Xu the prepaid fee of 17607 yuan that had not been consumed. It is understood that Ms. Xu had a haircut at a certain hair styling store and was very satisfied with the hairdressing skills of a barber at the store. Therefore, she applied for a membership card and recharged 20000 yuan under the recommendation of the barber. Afterwards, Ms. Xu would make an appointment with this barber every time she came to the barber shop. Once, when Ms. Xu came for a haircut, she found out that the barber was not available. The boss informed Ms. Xu that she was on vacation and would personally cut her hair. She also mentioned that there was a promotion in the store, where she could upgrade to a five-star membership and receive a gift of 2000 yuan by recharging 15000 yuan. Afterwards, she could receive a 20% discount for every haircut. Ms. Xu made a deposit with half confidence. When she came for a haircut again, she found that the hairdresser she was looking for was still not there. The boss claimed that she had gone to attend the training. Ms. Xu said that she would wait for the hairdresser to come back for a haircut, and the boss only revealed the fact that the hairdresser had resigned. Ms. Xu felt cheated and insisted on requesting a card refund. The barber shop owner stated that according to the membership usage rules, customers who return their membership card need to pay 80% of the card opening amount as a penalty for breach of contract. After investigation, Ms. Xu still has 17607 yuan in her membership card that has not been consumed. Both parties failed to reach an agreement and filed a lawsuit in the Huairou Court. The Huairou Court held that based on the evidence in the case, Ms. Xu had formed a factual service contract relationship with the barber shop. The contract was a true expression of the intentions of both parties, did not violate mandatory provisions of laws and regulations, and was legal and valid. During the performance of the contract, Ms. Xu requested a refund of unused fees due to the replacement of the barber at the barber shop and dissatisfaction with their service. At this time, the service contract should not be enforced, so the barber shop should refund Ms. Xu's prepaid card fees that were not consumed. The barber shop claims to pay a penalty of 80% of the card opening amount according to the membership usage rules, but it has not provided evidence to prove that both parties have reached a consensus on the matter. Regarding the refund amount, according to the member screenshot submitted by Ms. Xu, the court determined it to be 17607 yuan. Based on this, the Huairou Court ruled that the barber shop should refund Ms. Xu 17607 yuan for the prepaid expenses that she did not consume. (Lai Xin She)
Edit：Liling Responsible editor：Wang Chen
Source：http://www.legaldaily.com.cn
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