What can I do if I paid for a service, but it was done poorly or without care?

In Hong Kong, if you are a “consumer”, you are protected under the Supply of Services (Implied Terms) Ordinance (Cap. 457) (“SSO”), and you might have a right to sue if the services you paid for are done poorly or without care.

Am I a “consumer”

You are dealing as a consumer under section 4 of the SSO if:

• You neither make the contract in the course of a business nor hold yourself out as doing so;
• The other party does make the contract in the course of a business;
• The services provided to you under, or in pursuance of, the contract are of a type ordinarily supplied or provided for private consumption or benefit.

Examples of “dealing as consumer”:

• Hiring a taxi
• Facial treatments provided by a beauty centre
• Hiring a plumber

Reasonable Care and Skill and Other Implied Terms

In a contract for the supply of a service where the supplier is acting in the course of a business, it is implied that

• The supplier will carry out the service with reasonable care and skill (i.e., meeting the standard that a reasonable person would regard as satisfactory) (section 5 of the SSO);
• Where the time for the service to be carried out is not fixed by the contract, the supplier will carry out the service within a reasonable time (section 6 of the SSO); and
• Where the consideration for the service is not determined by the contract, the party contracting with the supplier will pay a reasonable charge (section 7 of the SSO).

Section 8(1) of the SSO provides that if you are a party to a contract for the supply of a service and you are dealing as a consumer, the supplier cannot, by reference to any contract term, exclude or restrict any liability arising under the above implied terms. That means, even if a supplier expressly said that “I don’t guarantee the quality of my services”, you might still be entitled to sue if their service failed to meet a reasonable standard.

What You Can Do

1. Contact the Service Provider Directly:
   
   • Write a formal complaint detailing what happened, including the date of service, what was unsatisfactory, the amount paid, and your desired resolution.
   • Keep records of all correspondence and notes of any conversations.
2. Seek Assistance from Consumer Bodies:
   
   • Consumer Council: You can lodge a complaint or seek advice. The Council can mediate, advise on consumer rights, and publicise malpractice, but cannot sue traders.
   • Other Authorities: Depending on the nature of the service (e.g. telecommunications, travel, food), you may approach the relevant regulatory authority.
3. Legal Action:
   
   • You may sue the service supplier for damages or specific performance. For more on this, please seek professional legal advice.
4. Alternative Dispute Resolution:
   
   • Mediation or arbitration may be available, depending on the service and the willingness of both parties.

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