Key amendments

The Consumer Protection (Gift Vouchers) Bill 2018 was passed by the Oireachtas this week and is set to be in force in time for the peak Christmas buying period for gift vouchers.

Legislative terms applicable to Chamber Network

Part 4 (A) “Gift Voucher Contracts”

66A. (1) ‘Gift Voucher’ means any voucher, coupon or other document or instrument, including in electronic form, that is intended to be used as a substitute for money in the payment, in whole or in part, for goods or services or otherwise exchanged for goods or services.

Terms of Gift Voucher Contracts (as amended)

66B. (1)  

(a) A gift voucher contract shall contain a term that the gift voucher is—

• subject to an expiry date that is at least 5 years from the date on which the contract was entered into, or
• not subject to an expiry date.

(b) Where a gift voucher contract does not include a term satisfying paragraph (a), the contract shall be deemed to include a term that the gift voucher is subject to an expiry date that is 5 years from the date on which the contract was entered into.

(c) Where a gift voucher contract is deemed to contain a term in accordance with paragraph (b), and that term conflicts with an express term in the contract, the term under paragraph (b) shall override the express term.

(2) (a) A relevant trader who enters into a gift voucher contract shall specify, whether on the gift voucher itself or otherwise on a durable medium supplied with the gift voucher—

(i)        the expiry date of the gift voucher,

• the date on which the gift voucher contract was entered into and the period during which the gift voucher to which it relates is redeemable, or

• that the gift voucher is not subject to an expiry date.