Here at Consumer Protection BC, we receive hundreds of consumer inquiries each week. They come to us through our inquiry centre or social media accounts as well as through here, on our blog. For todayâs post, we thought it might be fun to post a few consumer questions (and our answers!) about the hot topic of gift cards. Weâve gotten more than 20 comments on ONE of our posts on this topic alone!
Your Question:
Our golf course has put time and purchase restrictions on gift vouchers that are purchased at the golf course. They say they must be used by September 30th of the year purchased and can only be used on non-sale items. They are calling them vouchers instead of gift certificates. The vouchers are purchased at face value. $10 voucher purchased for $10.
Our Answer:
The gift card law doesn’t speak to what the voucher can be used for (so that relates to your non-sale items issue); however, if the voucher is for a dollar value ($10), expiry dates are not allowed. It doesn’t matter what you call them – vouchers, gift certificates, pre-paid purchase cards – the law still applies. To be clear though, if the voucher is for a service (i.e. 5 golf lessons), then expiry dates are allowed. Based on the information you have provided, it sounds like they shouldn’t be putting expiry dates on those vouchers.
Your Question:
I purchased a Couvon coupon for a one-hour massage. One week before it expired, I called to make an appointment. I was told they were too busy and said they would not honour the coupon. I was told I should have called much earlier. Couvon has a 30-day limit on refunds, so that was not an option. Can you tell me if the coupon retains its purchased value under the gift card laws of BC?
Our Answer:
Thanks for your question and I’m sorry to hear about your experience. I would recommend checking with Couvon to see if they will refund what was paid based on the circumstance, or if you can use the amount paid towards a service with the business. Discounted coupons are exempt from the legislation because you are paying less than the value and can expire. So unfortunately this means that coupons/daily deals such as Groupon, Couvon, etc. aren’t covered by the gift card law.
Your Question:
I bought a gift card before November 1, 2008, but the expiry date wasn’t until June 2010. Would the card no longer be usable, or would it be ok because it didn’t expire until after the law passed?
Our Answer:
If the gift card was purchased before the law came into place, the expiry date applies. This would mean that your card is no longer valid I’m afraid. That being said, you could always ask the business if they are willing to honour it.
Do you have a question for us? Add a comment to this blog post!
ADDITIONAL READING:
Dear Consumer Protection BC: vehicle questions
Dear Consumer Protection BC: referrals
Dear Consumer Protection BC: returns and refunds
Dear Consumer Protection BC: retail sales
Where would I find the most current laws on gift cards/certificates etc.?
Hi Denise, the actual regulation is called Prepaid Purchase Cards Regulation and it is located here – http://www.bclaws.ca/Recon/document/ID/freeside/17_292_2008
If you have any specific questions about the regulation, please feel free to post it here. We’d be happy to help!
You got it, Kat. I believe the intent behind allowing the expiry date for a specific service (such as a massage) rather than a general dollar amount (such as $100 to a spa) was that the cost of services could increase over the years and it was unfair to businesses. Let me know if you have any other questions — here’s a link to more information on our website in case it’s helpful: https://www.consumerprotectionbc.ca/consumers-other-businesses-home/how-can-we-help/gift-cards
Can you confirm that in BC, you can have an expiry date on a service – for example a massage? Just not on a dollar amount. Thank you.
I received a gift certificate valued at $100.00 for a restaurant. The gift certificate had an expiry date written on it. (It was 1 year from the date of purchase.) Is this legal.
Hi Bob, thank you for your question. Generally speaking, a gift certificate for a dollar value is not allowed to have an expiry date in BC. There are exceptions (like if it was sold for a promotional purpose) which you can find on our website here: https://www.consumerprotectionbc.ca/consumers-other-businesses-home/how-can-we-help/gift-cards
We also have a blog post that you might find useful: https://goo.gl/GTdDMi
I hope this information helps, but if you have any further questions please feel free to give us a call at 1-888-564-9963.
Hi Kathryn, thanks for the question. The area of gift card law that Consumer Protection BC is responsible for doesnât speak to returns or exchanges, but if you are interested in taking a look at it for reference, here is a link for you: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/17_292_2008. Unfortunately, a storeâs refund policy is just that and not a âlawâ and businesses are allowed to set their own policies. Perhaps if you aren’t getting your questions answered to your satisfaction with the store, you could also ask to speak to a manager (if you didn’t already do that) and try and escalate the situation. I hope this helps!
I work for public health and we have x4 unused $100 iTunes Gift Cards we need refunded from Safeway, where we made the purchase. Safeway says no refunds or exchanges. If not refunds we had requested an exchange for an Apple Store Gift Card. Apple says no refunds for our iTunes cards or conversions to Apple Store Gift Cards – unless required by law. Please let me know what you know about Gift Card refunds or exchanges. Thank you!
If a store gives store credit (a dollar amount that I can spend on other things at the store) for returns, can the store credit expire? Or is it considered a “gift card”, which can’t expire?
Hi Robin, thanks for reaching out to us here. Retail stores are allowed to set their own refund and exchange policies. Choosing to offer store credit as an exchange option for customers would fall under store policy. Store credit is not the considered to be the same as a gift card towards a store, so it is allowed to expire. I hope this is helpful to you!
A golf course in Victoria sells a 50-round golf pass for $2499 and states that it expires one year from purchase date. Is this allowed?
Hi Denise, thank you for posting your question. With BC’s gift card law, a 50-round golf pass would be allowed to expire because it’s for a specific product/service. If it was $2499 and it was advertised as a gift card or a voucher to be used at the golf course for anything (round of golf, dinner, golf lesson, merchandise etc.) then it would not be allowed to expire. We have a blog post that explains further with a chart, please take a look and if you have any further questions, please let us know.
I received a gift card for a spa for Christmas. They have since announced they are closing their doors They gave about 6 weeks notice to book an appointment before they close, but the appointments filled up very quickly. They have said my credit (which is a hefty one) may be used towards buying skin product – which I don’t want. Is it reasonable to expect to get my money back?
Hi Nancy, thanks for your question. Unfortunately, when a business closes its doors it can be difficult to get your money back. Do you happen to know if the business filed for bankruptcy? If so, you may have some options to file as a creditor in the bankruptcy. You may want to ask the spa about this and find out who the trustee is (if they did declare bankruptcy) for further instructions on how to proceed.
If you are unhappy with product as a substitution for a service, another option would be to see if the person who purchased the gift card for you would be willing to contact their credit card provider (if they paid by card) to request a reversal of the charges (a charge-back).
If that’s out of the question, there are not many options available because usually when a business closes its doors, there’s not much money left to draw from in the first place. I hope this was somewhat helpful and best of luck!
Hi. I have a question about pre paid golf passes that have an expiry date. I purchased passes directly from a local course …each for 18 holes of golf. The passes of an expiry date on them. The course is so booked up, it is impossible to get a tee time. The golf course says they “may” consider an extension as the expiry date approaches. My question: can the golf course enforce the expiry date ? I also have a pre paid golf pass that expired in 2019. The course says that this pass is no longer valid and usable. Is that allowed ? I look forward to hear from the Agency.
Hi Jim, if your pass is specifically for 18 holes of golf and does not have any dollar value attached to it, it is allowed to expire. In BC, gift cards with specific dollar value are not allowed to expire – an example would be “$150 gift card at ABC golf course”. Having said this, your pass does not necessarily sound like a gift card. It could potentially fall under continuing services contracts and we would certainly want to have more information to be able to determine this. Would you be able to call us (here is our contact information) or submit a formal complaint using our online form? It would be really helpful to have more information. Thank you, Jim!
I am providing a gift certificate on return for advertising. They will then give them away. They asked for $500 gc. Can I put that client has to spend a minimum amount above the $500?
Hey Nathalie, I donât have an answer for you on that. The laws we oversee when it comes to gift cards are focused on expiry dates, fees and what information must be disclosed to the consumer. Because this gift card is part of a promotion, it is allowed to have an expiry date. However, itâs important that if there are any limitations or expiry dates on the card, they must be disclosed so the consumer is aware. If you would like more information on the rules when it comes to gift cards, you can check out this page here: https://www.consumerprotectionbc.ca/consumer-help/consumer-information-gift-cards/#. I hope this helps.