Gift vouchers with no expiry on 15 February at 10:53AM in Consumer rights 5 replies 335 views

jk3nny

Hi all,

I was given gift vouchers (to the value of £90) for The Wave in Bristol in 2020 and 2021. There is no expiry date on either voucher and no mention of expiry on the confirmation emails. However, now I have tried to redeem these vouchers I have been told that they were only valid for 12 months according to the Ts and Cs. 

I can see on their website it does say : All gift cards and e-gift vouchers are dated and expire 12 months from the date of issue. Gift cards or e-gift vouchers cannot be used after the stated expiry date unless agreed with The Wave in writing. We will not refund any balance remaining on the gift card or e-gift voucher at the expiry date.

Not once was I referred to this section of the website - or the people who purchased the gift vouchers... Is there anything I can do?

This is what I've found on Which?

Always check the terms written on the voucher (or the packaging around it). As the purchaser, as you will be bound by terms made known before, or at the time of purchase.

If the terms were not prominently brought to your attention when you purchased the gift voucher - for example, they were hidden on the reverse side of the card or voucher and this couldn’t have been seen because the card was stuck down or enclosed in packaging - then you may be able to argue that the terms are contrary to the requirements of good faith, if you later have a problem.

To meet the requirements of good faith, the terms must be designed, negotiated and entered into with you in a fair and open way.

Any further advice on how to proceed would be much appreciated.

Thanks in advance.

MarvinDay

When buying gift vouchers, there is a box to tick to state that the purchaser has read and agreed to the T&C's:

However, this link appears to be dead at the moment and if this was the case when the purchase was originally made then the buyer has a good case to get a refund or replacement vouchers issued but the hard part will be proving the status of the link at the time of purchase.
If Wave can show that the link was working at the time and the terms for gift vouchers were there and stated the validity then they are within their rights to refuse a refund or reissue.

Aylesbury_Duck

You need to ask the purchaser what was agreed when they bought the vouchers.  Consumer rights rest with them and will depend upon whether they read/agreed to the expiry upon purchase.

pinkshoes

jk3nny said:

Hi all,

I was given gift vouchers (to the value of £90) for The Wave in Bristol in 2020 and 2021. There is no expiry date on either voucher and no mention of expiry on the confirmation emails. However, now I have tried to redeem these vouchers I have been told that they were only valid for 12 months according to the Ts and Cs. 

I can see on their website it does say : All gift cards and e-gift vouchers are dated and expire 12 months from the date of issue. Gift cards or e-gift vouchers cannot be used after the stated expiry date unless agreed with The Wave in writing. We will not refund any balance remaining on the gift card or e-gift voucher at the expiry date.

Not once was I referred to this section of the website - or the people who purchased the gift vouchers... Is there anything I can do?

This is what I've found on Which?

Always check the terms written on the voucher (or the packaging around it). As the purchaser, as you will be bound by terms made known before, or at the time of purchase.

If the terms were not prominently brought to your attention when you purchased the gift voucher - for example, they were hidden on the reverse side of the card or voucher and this couldn’t have been seen because the card was stuck down or enclosed in packaging - then you may be able to argue that the terms are contrary to the requirements of good faith, if you later have a problem.

To meet the requirements of good faith, the terms must be designed, negotiated and entered into with you in a fair and open way.

Any further advice on how to proceed would be much appreciated.

Thanks in advance.

The people purchasing the tickets would have ticked a box saying they agree to the T&Cs which mentioned a 12 month expiry on the gift cards. It was up to the people who purchased them to let you know this.

Your only hope is to either beg, or use the COVID closure card.

Lockdown was March 2020 until ???? so was the venue open for business then?

Saying that, you've had the entire of 2022 to use it and common sense dictates that most gift cards are only valid for 12 months.

Phone them and be super nice, and perhaps even offer to book something really expensive so they make some more money out of it!

jk3nny

I phoned them and they acknowledged that the expiry should have been on the vouchers. They very kindly extended them til June this year 

Thanks for the replies.

Manxman_in_exile

You did the right thing to 'phone them and ask nicely - which I presume you did.  It's more difficult for them to turn you down if it's a real person you are talking to.

Now make sure you spend them!