Compensation for damages
Liability for damages resulting from the loss of or damage to articles
- Unless a skin care salon operator proves that he/she has not been negligent in giving due care in the custody of articles deposited from his/her guests to him/her or his/her employee, the operator shall be liable to compensate for damages resulting from the loss of or damage to the articles kept in his/her custody (Article 152(1) of the Commercial Act).
※ A “hospitality service provider” refers to any person who engages in the business of making transactions via theaters, hotels, restaurants, or other facilities used by the public (Article 151 of the Commercial Act).
- A skin care salon operator shall be liable to compensate for damages for the loss of or damage to portable goods brought into his/her establishments, even if not particularly deposited by the guest, when it is due to the lack of due care of the business entity or any of his/her employees (Article 152(2) of the Commercial Act).
- Even if the skin care salon operator has informed that he/she is not liable for the loss of or damage to the portable goods of guests, he/she shall remain liable to compensate for any damages suffered (Article 152(3) of the Commercial Act).
Liability for loss of valuables
- With respect to money, securities, and other valuables, no hospitality service provider shall be liable for damages resulting from the loss of or damage to such articles unless the guest deposits them to the business entity by expressly stating the description and value thereof (Article 153 of the Commercial Act).
Dispute settlement
Criteria for dispute settlement
- If any of the following disputes arise between a beauty arts business operator and a customer, such disputes may be settled in compliance with each applicable criterion [Article 16(2) of the Framework Act on Consumers, Article 8(3) of the Enforcement Decree of the Framework Act on Consumers, and Article 3 and Subparagraph 17 of attached Table 2 of the Criteria for the settlement of consumer disputes].
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Types of disputes
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Settlement criteria
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Note
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Where services provided differ from those specified in the contract
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▪ Cancellation of contract (Refund made after deducting the amount payable for the days of use until the contract was cancelled)
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Applicable amount for the days of use = Entire amount × (Days of actual use/Entire days of use under the contract)
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Where a bodily injury has been inflicted
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▪ A full recovery is sought under the responsibility of the business operator (the business operator shall bear the expenses), and if the full recovery is not feasible, compensation for damages shall be paid
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Where a contract has been canceled due to reasons attributable to the business operator
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▪ Before the date of commencement: Full refund of down payment and 10% of the total service fee to be paid as a compensation
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▪ Total service fee means the total amount specified by the user at the time of the contract conclusion to the business operator, including all the costs such as the down payment and monthly fee, but not the deposit ▪ If a contract has been entered into based on the number of services to be rendered, a refund will be made after deducting the amount payable for the number of services received
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▪ After the date of commencement: Refund made after deducting the amount payable for the days of use until the contract cancellation and 10% of the total service fee to be paid as a compensation
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Where a contract has been canceled due to reasons attributable to the consumer
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▪ Before the date of commencement: A consumer bears 10% of the total service fee ▪ After the date of commencement: A consumer bears the amount payable for the days of use until contract cancellation and 10% of the total service fee
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If the fees have already been paid to the business operator, the business operator shall give a refund of the payment after deducting the amount payable by the consumer from the already-paid sum
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