Research On The Consumer’s Arbitrary Termination Right Of Advance Payment Service Contracts

Advance payment service contracts,as a special type of service contract,require consumers to pay in advance all future fees for scheduled or per service.In recent years,Prepayment for service has been increasingly widely used in beauty,fitness,catering and other service fields because it is conducive to the operators’ return of funds and fixed customers.Compared to other contracts,advance payment service contracts have higher requirements for the trust relationship between both parties.In practice,operators attract consumers to sign advance payment service contracts through discounts,gifts,and other incentives.Once consumers receive a service experience that does not meet expectations or demand termination of the contract for other reasons,the trust relationship between the two parties is broken.If the contract is to continue to exist,it is highly likely to cause a contract deadlock,which is extremely unfavorable for consumers who have already fulfilled all obligations under the contract.This article believes that by granting consumers the right to terminate advance payment service contracts at will,on the one hand,it can better protect the legitimate rights and interests of consumers who are in a disadvantaged position,reduce the burden of proof for terminating the contract,and avoid contract deadlock.On the other hand,it can also reverse motivate operators to improve service quality,balance the interests of both parties through a breach of contract liability mechanism,and avoid improper damage to operators due to consumers terminating the contract,Not deviating from the basic principles of fairness,voluntariness,and integrity in civil law due to consumers’ arbitrary termination rights.To this end,it is necessary to further clarify and limit the period during which consumers exercise their arbitrary right to terminate,clarify the relationship between compensation for damages and the exercise of the right to terminate,as well as the calculation method for operator compensation for damages,and clarify that agreements limiting or excluding consumers’ arbitrary right to terminate are invalid.