Case review. On May 9, 2022, Chen Moumou spent money in the beauty shop operated by Wang, paid him 3,980 yuan, and recharged to apply for a membership annual card. This card contains 48 services. However, Chen Moumou found that the beauty shop was closed after 15 consumptions. Chen Moumou asked Wang to return the remaining money, but Wang wanted to arrange Chen Moumou to other stores for consumption. The two sides had a disagreement, and Chen Moumou sued Wang to the Huaibin County Court.
Outcome of the trial. After trial, the court held that the parties should consciously perform their obligations in accordance with the agreement. A de facto service contract has been formed between the plaintiff Chen and the defendant Wang, and the defendant has ceased business for its own reasons and is unable to continue to provide services to the plaintiff, which has constituted a fundamental breach of contract. According to Article 577 of the Civil Code of the People's Republic of China, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. In the case that Chen does not agree to the alternative service of other stores, Wang should refund the remaining service fee. With regard to the amount to be refunded, the court decided that the defendant should return 2,400 yuan based on the amount of recharge, the number of services agreed upon by both parties, and the number of times consumed.
Judge reminds. When choosing "prepaid" consumption, consumers should pay attention to:
Choose wisely. When applying for a card, it is necessary to understand the business conditions and market reputation of the operator, pay attention to check whether its business certificates are complete, understand the details of the "prepaid card" of the merchant, and try to choose a business with a larger scale, complete licenses, good market reputation and good business status.
Don't be impulsive. Be rational, don't be discounted**, don't consume impulsively, and do what you need. Be wary of "prepaid cards" with a longer term or significantly beyond a reasonable discount margin, as the longer the service period, the greater the risk you may take.
Be cautious. When applying for a card, it is best to agree in writing on the service commitment of the merchant, especially the terms and conditions of the "prepaid card" such as the scope of use, the validity period, the charging standard, and the liability for breach of contract, so as to have a basis for protecting rights.
To be retained. Consumers should pay attention to keeping consumer bills and service commitments, etc., and once their rights and interests are damaged, they should promptly file complaints or lawsuits, and protect their rights and interests in accordance with the law.
*: Henan Legal News reporter Yang Zhanwei correspondent Wang Junfeng.