Imagine this situation: you booked a client for hair coloring and highlights at 9:00 on Monday. That's 2.5 hours of your time and one of your best time slots. The client didn't show up, didn't call, didn't text. At 9:15 on Monday you're standing in an empty salon wondering if it was worth blocking that time slot at all. This is exactly why more and more salon owners are thinking about taking a deposit when booking online — but not everyone knows what a deposit really means legally and how to explain it correctly.
On this page you'll find exactly what the Civil Code says in Article 394 about deposits, how these rules work in a salon setting, how much you can keep and when you have to give it back. You'll also learn how to formulate deposit rules in three sentences so they're clear for the client and protect your time.

What a deposit is and why you need to know about it
A deposit isn't a "booking fee" or "advance payment" like sometimes called in restaurants or hotels. In Polish law a deposit has a specific meaning that comes directly from the Civil Code. If you take money from a client at booking and call it a deposit, you automatically enter the legal framework of Article 394 KC — and that has both advantages and limitations.
In practice a deposit serves two functions in a salon. First, it increases the likelihood that the client will show up — they know that if they don't come without a valid reason, they'll lose that money. Second, if the client doesn't show up, you have a legal basis to keep that money. But for this to work, you need to understand exactly how this mechanism works.
Why not every "advance payment" is a deposit
It's worth emphasizing that naming the money paid a "deposit" isn't mandatory. As a salon owner you can use other names — for example "booking fee", "payment towards service" or "security deposit". Each of these terms carries different legal consequences. If you call the payment a "deposit", you're bound by the rules of Article 394 KC. If you call it something else, different rules apply — and then the refund terms can be completely different.
This is exactly why knowing the law matters. It's not about necessarily using a deposit — it's about making an informed decision and then being able to clearly and honestly explain to the client what the payment they make actually means.
What the Consumer Rights Act says
If the booking is made at a distance — meaning through a website, form or message — then you're subject to an additional requirement from the Consumer Rights Act. According to Article 12 section 1 point 5 of this Act, at the latest when the client expresses their intention to be bound by the contract you must clearly inform them of the total price or remuneration for the service including taxes Ustawa o prawach konsumenta, t.j. Dz.U. 2024 poz. 1796.
This means that with online booking you must show the full price of the service including VAT. If you're taking a deposit, you must also clearly state how much it is and what the rules are for its refund or retention. This isn't extra bureaucracy — it's part of building trust. A client who knows what they're paying for and what happens if they don't show up is less likely to have complaints later.
Article 394 § 1 KC: when the client doesn't come
The central provision is Article 394 of the Civil Code. Let's start with the first paragraph, which talks about situations when one party doesn't fulfill the contract Kodeks cywilny, tekst jednolity Dz.U. 2026 poz. 795.
Article 394 § 1. In the absence of a different contractual stipulation or custom, a deposit given upon entering into a contract means that in the event of non-performance of the contract by one party, the other party may withdraw from the contract without setting an additional deadline and keep the deposit received, and if they gave it themselves — demand twice the amount.
What does this mean in practice? If the client paid a deposit and didn't show up for the appointment without a valid reason, you can withdraw from the contract and keep that deposit. You don't have to set an additional deadline, you don't have to send any notices. The contract wasn't performed — the deposit is yours.
And what if you — as the salon — didn't perform the contract? For example, your equipment broke, you got sick and couldn't perform the service? Then the client who gave the deposit can demand double the amount from you. That's the other side of the coin — the deposit protects both parties.
Assumed numbers — insert your own
Assumed numbers — insert your own.
Scenario one: the client came for the appointment — the deposit is credited towards the price, so she pays 300 − 60 = 240 PLN more. Scenario two: the client didn't come and had no valid reason — the contract wasn't performed due to the client's fault, you can withdraw from the contract and keep the 60 PLN, you don't refund anything. Scenario three: the salon didn't perform the contract due to its own fault, for example no one was at the salon at the agreed time — then the client who gave the deposit can demand twice the amount, that is 2 × 60 = 120 PLN. This is their compensation for non-performance by you.
Formula for keeping a deposit: deposit kept = amount paid by the client. Formula for double amount: to refund = 2 × amount paid by the client.
These calculations show why it's worth precisely defining the rules in your terms — and why a deposit is a serious tool, not a small fee.
Article 394 § 2 and § 3 KC: contract performance and circumstances beyond control
Paragraphs two and three of Article 394 KC describe situations that often cause doubts — what happens when the contract is actually performed, or when no one is at fault.
Article 394 § 2. In the event of contract performance, the deposit is credited towards the performance of the party who gave it. If crediting towards performance is not possible, the deposit is returned.
Simple: if the client came and the service was performed, the deposit goes towards payment. No additional arrangements needed — it credits automatically. Only if for some reason crediting isn't possible do you refund the difference.
Article 394 § 3. In the event of contract termination the deposit is returned, and the obligation to pay twice the amount expires. The same happens when non-performance occurred due to circumstances for which neither party is responsible or for which both parties are responsible.
This paragraph is crucial for salons. If the contract was terminated by mutual agreement — for example, the client called the day before and said they couldn't come after all, and you agreed — the deposit must be returned. You can't keep it in this case.
Similarly, in cases of circumstances beyond anyone's control — for example, the client got sick and couldn't come, or a member of the salon's staff got sick and the treatment couldn't take place. In both these cases the deposit goes back to the client. The right to demand double the amount belongs only to the party that gave the deposit — the client — and since no one is at fault in this situation, that obligation never arises in the first place.
Scenario table: what happens to the deposit
| Scenario | What happens to the deposit? | Legal basis |
|---|---|---|
| Client came, service performed | Deposit credited towards price | Art. 394 § 2 KC |
| Client didn't come without valid reason | You can keep the deposit | Art. 394 § 1 KC |
| Salon didn't perform service due to own fault | Client can demand 2× deposit | Art. 394 § 1 KC |
| Both parties agreed to terminate contract | Deposit returned | Art. 394 § 3 KC |
| No one at fault (e.g., client got sick, a staff member got sick) | Deposit returned | Art. 394 § 3 KC |
| Both parties at fault | Deposit returned | Art. 394 § 3 KC |
This table shows that a deposit isn't a "penalty" for the client — it's a tool that works both ways. If the salon doesn't fulfill its obligations, the client has the right to compensation. And vice versa: if the client doesn't show up without justified cause, the salon can keep the payment made.
Deposit, advance payment and security deposit — don't confuse the terms
This is one of the most common mistakes that causes problems. In everyday language we say "advance payment" for any upfront payment, but legally these are different things.
A deposit is an amount that is part of the contract and has specific legal consequences in Article 394 KC. If the contract isn't performed due to fault of one party, the other can keep the deposit (if they received it) or demand double the amount (if they gave it). This is a mutual security mechanism.
An advance payment is simply partial payment in advance. It doesn't carry the same legal consequences. If the client paid an "advance" and didn't come, you don't automatically have the right to keep it — unless the contract explicitly says otherwise. An advance is simply part of the price paid in advance.
A security deposit is in turn a guarantee that the obligation will be performed and which is returned after contract performance — provided no damage occurred. In practice, security deposits are rarely applicable in salons.
In other words: a large share of salons don't even have a simple way to take a booking online — and without that, there's no way to collect a deposit at booking in the first place.
What does this mean for you? If you implement a clear deposit system at booking, you'll gain an advantage over the competition that either has no system at all or can't clearly explain the rules to clients.
Before payment: what you must show
Before the client pays the deposit, you need to provide some information. Part comes from regulations, part from basic honesty toward the client.
First — full price of the service including VAT. If coloring costs a specific amount, you must show that amount including VAT, not "from" some value. The client must know exactly how much they'll pay.
Second — deposit amount and its percentage of the price.
Third — deposit refund and retention rules in a few sentences. You don't have to cite the Civil Code, but you must clearly state in which situations the deposit is returned and in which it's retained.
It's best to place this information right next to the "Pay deposit" or "Book" button. The client should see it before paying, not after.
Where to display this information
The best places are: under the booking form (but above the payment button), in the booking confirmation that the client receives by email or SMS, and in the appointment reminder that you send a day or two before the date.
This way the rules are visible at three moments: at booking (before payment), after booking (when they have confirmation) and before the appointment (when they still have time to organize or cancel).
Reminders and deposits — different tools
It's worth separating two concepts: appointment reminders and deposits. Microsoft in the Bookings description says that "email and SMS notifications reduce no-shows" Microsoft Learn — that's the manufacturer's claim, not independent research. But the principle is correct: reminders help.
A deposit works differently. It's not a reminder mechanism — it's a financial mechanism. The deposit gives the client financial motivation to come or call early if they can't. A reminder is just "hey, remember your appointment". A deposit is "hey, if you don't come, you lose money".
Best to use both tools together: SMS or email reminders reduce the risk of forgetting, and a deposit reduces the risk of deliberate no-shows. But these are two different mechanisms and shouldn't be confused.
When a deposit makes sense and when it doesn't
Introducing a deposit doesn't make sense in every situation. It's worth considering whether this tool will really help in your salon or whether it will introduce unnecessary complications.
A deposit makes sense primarily for long and expensive services. Coloring, highlights, hair treatments — these are typical examples. For such services, client absence means real loss: you're blocking time that could be sold to someone else.
A deposit makes less sense for short services that are easy to sell at the last minute. Manicure, minor facial treatments — if a client doesn't show up, you can usually easily find another person for that slot.
It's also worth considering the nature of your client base. If you mainly work with regular clients who come consistently for months or years, you probably don't need a deposit — you know them and they trust you. The no-show problem appears more often with new clients who don't yet have the habit of coming.
What a deposit gives you in practice

Introducing a deposit in your salon affects several key aspects of your business. First of all, you reduce the number of unrecovered time slots. When a client knows they've paid some money and can lose it, they're more motivated to come or cancel early.
Second, a deposit improves planning. Instead of keeping an entire day free "just in case", you can plan your schedule with more confidence. Greater predictability means better time utilization and higher revenues.
Third, clear rules build a professional image. A salon with transparent booking rules is perceived as a solid, trustworthy place. This translates into better reviews and more frequent client returns.
All of this works better when you have tools that automate the process. Booking Systems let the client book a time slot online, themselves and at any time. Automatic messages send confirmation right after booking and a reminder before the appointment, which further reduces the risk of forgetting. CRM and automations record all client data and visit history in one place. Additionally, AI follow-up can send a reminder if the client left an inquiry and didn't reply, and AI reception and telephony answers the phone when a client calls to ask about details.
Read more about how salon automation works, how automatic follow-up works and how query handling automation works. We covered the economics of an upfront payment before, in a restaurant setting: Booking Deposits: How Many Refusals They Are Worth.
Do it yourself: how to implement a deposit in three steps
If you want to implement a deposit at your salon, you don't need a lawyer from day one. Here are three steps you can take yourself:
Step one: decide which services require a deposit. The rule is simple — a deposit makes sense for services that block your time for more than an hour and that you couldn't sell to someone else at the last minute. Coloring, balayage, hybrid manicure on guests — these are typical examples. Make a list of these services.
Step two: write the rules in three sentences.
If you don't come without a valid reason, the deposit is not refunded. If you cancel at least 24 hours in advance, we'll refund the deposit".
Step three: display these rules in three places. In the booking form (near the "Pay" buttons), in the email or SMS confirmation (booking text), and in the reminder before the appointment. The client should see these rules at least three times.
These three steps might take you an hour of work, and can save you hundreds of PLN monthly in unrecovered time slots.
Also check out how the full process looks in a booking system:
- 01client selects time slot
- →02sees deposit rules
- →03pays
- →04receives confirmation
- →05receives reminder
- →06comes for appointment
Frequently asked questions
Do I need terms and conditions to take a deposit?
You don't need formal terms and conditions, but you must communicate the rules clearly to the client. In practice it's best to have short terms on your website and display them at booking. You don't have to cite the Civil Code — just write the rules in understandable language.
How much should the deposit be?
There's no set minimum or maximum amount. In practice salons apply various percentages of the service price. The rule is: the deposit must be large enough that the client has motivation to come, but not so large that it discourages booking. Twenty percent of the price is a good starting point.
Can I take a deposit only from new clients?
You can, but you don't have to. Some salons take deposits only from clients they don't know yet, and trust regular clients without upfront payment. That's your business decision.
What if the client gets sick on the day of the appointment?
According to Article 394 § 3 KC, if non-performance occurred due to circumstances for which neither party is responsible (and getting sick is one of those circumstances), the deposit must be returned. But if your terms say that we refund the deposit for cancellation at least 24 hours in advance, then getting sick on the day of the appointment can be treated as "un-cancelled absence". It's worth clearly stating this in your terms.
Is a deposit mandatory for online booking?
No, a deposit is optional. You can choose not to take any payment at booking, you can take a different fee (e.g., "booking fee" with its own rules) or a deposit. Each option has its pros and cons.