Can I Claim Compensation for Moral Damages Due to Defective Service at a Beauty Salon?

1) Introduction

Beauty salons offer a wide range of services including hair removal, skin care, acne and blemish treatment, permanent makeup, laser/IPL treatments, artificial nails, and keratin treatments. Consumers expect the promised results and safe procedures. However, services can be defective due to reasons such as incorrect equipment selection, untrained personnel, incorrect dosage/parameters, lack of sterilization, failure to perform allergy tests, or misinformation. The physical effects of defective service, such as scars, burns, blemishes, deformities, and hair/eyelash loss, not only lead to economic losses but also directly impact personal life, causing psychological distress, social withdrawal, and loss of self-confidence. The fundamental question that arises at this point is: Can compensation for non-pecuniary damages be claimed at a beauty salon due to defective service?

2) Legal Basis and Principles

2.1. Consumer law perspective

The relationship established with a beauty salon is a consumer transaction. According to the Consumer Protection Law No. 6502, defective service is a service that is not provided in accordance with the specifications promised in the contract or that does not meet objective expectations. The consumer's optional rights (price reduction, free re-performance, withdrawal from the contract, claim for material and moral damages) are reserved. In practice, if the consequences affect physical or mental integrity, moral damages come into play.

2.2. Perspective of the law of obligations

Article 112 of the Turkish Code of Obligations (TBK) regulates the proper performance of an obligation, while Article 114 regulates liability arising from a contract. Article 56 of the TBK allows for compensation for non-pecuniary damages in cases of bodily harm or death, and Article 58 allows for compensation for non-pecuniary damages in cases of violation of personal rights. Scars, burns, blemishes, permanent disfigurement, etc., in beauty services constitute a violation of personal rights; indeed, appearance and bodily integrity are core aspects of personality. Therefore, when faulty or defective performance takes on the dimension of an attack on personal rights in addition to contractual liability, it justifies compensation for non-pecuniary damages.

2.3. Fault and Proof

In consumer law, service providers are subject to obligations of professional diligence, appropriate equipment/products, trained personnel, and the provision of information and clarification. While the burden of proof for claims of defects in service generally rests with the consumer, the service provider cannot be absolved of liability unless they can demonstrate that the service was performed without defects and that a causal link was broken. The likelihood of fault increases, particularly if risk information, consent forms, allergy/patch tests, and parameter records cannot be provided.

3) Conditions for Claiming Non-Pecuniary Damages

Defective service: The result does not meet what was promised in the contract or to a generally accepted professional standard.
Harm: Physical (burns, marks, scars, infection, asymmetry) and/or psychological effects (anxiety, depressive symptoms, social isolation).
Faults: Incorrect equipment, unqualified personnel, lack of sterilization, overdose, instructional errors, insufficient information, etc.
Causal link: A medical and technical assessment demonstrating that the damage resulted from defective performance.
Suitable evidence: Photos/videos, before/after records, dermatology report, expert opinion, correspondence, invoice, appointment records.

4) Evidence and Proof Strategy

Medical documents: Dermatology/plastic surgery examination notes, treatment prescription, discharge summary, burn degree/PIH (post-inflammatory hyperpigmentation) descriptions.
Photographs/videos: Before/after date-stamped images. In accordance with the Personal Data Protection Law (KVKK), it is recommended that images constituting personal data be submitted to the court in a sealed envelope.
Service records: Transaction form, device model/serial number used, energy-pulse count-wavelength, consumer consent form, allergy test results.
Witness accounts and correspondence: WhatsApp, SMS, email appointment confirmations; employee statements.
Invoice/receipt: Proves consumer status and the transaction amount.
Expert opinion: Technical and medical expertise from the fields of cosmetology, biomedicine, and dermatology clarifies the fault and causal link.

5) Determining Compensation (Equity Criteria)

Moral damages are not intended to be punitive; they serve a function of satisfaction and balance. The judge determines the amount based on the following criteria:

Severity of injury: The degree of the burn, the permanence of the scar, and whether it is in a visible area (face, neck, hands).
Age and occupation: The impact of appearance on professional life (e.g., service industry, on-screen work).
Psychological effects: DSM-compliant diagnosis/report, need for psychotherapy.
Service provider fault level: Substandard equipment, lack of training certificates, failure to perform allergy testing, sterilization violations.
Post-incident response: Apology/reparation efforts, covering costs, coordinating malpractice insurance, etc.
Persistence: The persistence of scarring/hyperpigmentation, sequelae.

Claims for non-pecuniary damages are independent of pecuniary damages; they can be claimed together in the same case.

6) Duties and Powers, Mediation and Application Procedure

Task: Cases involving claims for moral damages due to defective services are heard in consumer courts.
Jurisdiction: According to the Consumer Protection Law, the court of the consumer's place of residence or the place where the transaction took place has jurisdiction (exclusive jurisdiction in favor of the consumer).
Mandatory mediation: In consumer courts, mediation is a prerequisite for filing a lawsuit regarding monetary claims. Claims for moral damages must also be brought to mediation; if no agreement is reached, a lawsuit is filed.
Arbitration panel: Although moral damages are monetary in nature, arbitration panels generally do not handle claims involving physical/personal harm; the process usually involves direct mediation + consumer court proceedings.

7) Statute of Limitations and Time Limits

The general rule for claims arising from contractual defects is 2 years; in cases of gross negligence or concealment of the defect, it is 10 years.
If the tort window is open, 2 years (from the date of learning) and in any case 10 years are taken into account.
As a precautionary measure, protection against statute of limitations disputes can be provided by filing claims on both grounds.

8) Fictional Event (Anonymous)

Synopsis:
Consumer K. purchases a laser hair removal package at a salon called "L Boutique Beauty." The procedure is performed by technician M. During the first session, she develops second-degree heat burns on her bikini area and legs; hyperpigmentation and scarring occur a few weeks later. Consumer K. realizes she was not informed about the possible risks of the procedure, potential side effects, the necessity of sun protection, that no allergy/patch test was performed, and that the device parameters were not recorded. The salon dismisses the situation, calling it a "normal reaction," and offers only creams. K. obtains a dermatology report from a public hospital and seeks psychological support due to the psychological impact.

Legal steps:

Evidence collection: Photographs, invoices, appointment messages, images of the treatment room; device make and serial number.
Mediation application: Claims are made for moral damages and medical expenses; no agreement is reached.
Lawsuit: In consumer court; claim for material and moral damages on the grounds of defective service, contractual fault, and violation of personal rights.
Expert opinion: From a dermatology and biomedical expert; parameter-phototype match, scar persistence, defect distribution, causal link.
Decision and conclusion:
- Compensation for emotional distress: The amount will be determined fairly, taking into account factors such as the visible nature of superficial injuries, increased social withdrawal during the summer months, and the need for psychological counseling.
- Financial items: Treatment creams, laser skin lightening sessions, lost productivity (if any).
- Warning: The venue's fault rate is increased because its offer of apology and compensation was found to have been delayed and inadequate.

Notes:

If the branch is a franchise, then the responsibility of both the head office and the branch is discussed jointly due to the trust the consumer has in the brand.
If the person performing the task lacks the necessary certification and professional competence, the company's negligence in selection and supervision becomes more severe.
According to the Turkish Personal Data Protection Law (KVKK): Sharing "before-and-after" photos without consent may also constitute a breach of personal data and grounds for separate compensation for non-pecuniary damages.

9) Common Mistakes and Practical Warnings

The defense of "tacit consent": Making an appointment and entering a clinic may be considered general consent; however, informed consent specific to the risks is required. A consent form that does not meet the standard does not eliminate liability for moral damages.
The "complication" defense: The distinction between unavoidable risk and consequences resulting from negligence is made through expert opinion. If the appropriate protocol, test, and parameters are not present, it is considered negligence, not a "complication.".
“We offered treatment”: Late and inadequate compensation does not absolve one of responsibility; it may only affect the amount.
Low-value claims: The cost may be small; however, if there is a violation of personal rights, a claim for moral damages is a valuable one.
Evidence delay: Photographs taken within the first 24-72 hours and emergency application documents strengthen the causal link.

10) Conclusion

In beauty salon services, defective performance is not merely a monetary dispute; it often leaves marks on the body and appearance, infringing on the right to personality. Considering the protective provisions of the Turkish Consumer Protection Law and the provisions of the Turkish Code of Obligations concerning personality/moral damages, a claim for moral damages has a strong legal basis. Success is directly linked to the architecture of evidence, fault-causality analysis, expert witness testimony, and correct procedural steps. If a consumer cannot resolve the issue through mediation in their place of residence, they can pursue an effective course of action by claiming both moral and material damages in consumer court.

Gamze Akbulut, Law Faculty Student

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