Let's see, getting 25c on the dollar for people who likely won't come back because they are super cheap and hold a liability on my books for 50c on the dollar, forever... does this sound like a good idea?
I don't know about other places, but by law here, a gift cards original value never expires. So if they paid $50 for a $100 value (and I got $25), even after the "deal" expires, I am still liable, until the end of time, to give them $50 off. I would certainly hope that Groupon or LivingSocial would pay me upfront, because that liability.... is something that I have to sell to the next owner, if I sell the B&B. It's perpetual! Heck, I might have to put it into my will and set up a trust in perpetuity just to cover the original value at twice what I got paid for it.
Oh and if that wasn't bad enough.... If after cashing the GC the value is under $5 but over $0... I have to hand them change, in cash..
I get everything you're saying but I think they are buying a coupon, not a gift card. Yes, semantics, but that is what a law career is built or lost on. Unless coupons are also covered under the GC law, you may be in the clear as far as the expiry date. However, you've raised a valid point for those of us living in areas that say GC's never expire. IS a groupon a gift card?
If you sold way more than you could honor in the amount of time you posted, I would say you are morally obligated to honor them for those guests who called during the period they were valid. But, if they bought them and then never called? Your money.
But, that would need to be run by an expert in what the GC law covers.
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It's been asked before and essentially the reality is that they are buying TWO different items. Let us use the example of a $100 groupon that they buy for $50 (and you get $25). What the consumer is buying is essentially a $50 gift certificate and a $50 discount coupon. The coupon has a value of $0, an expiration date and a value on condition that you use the gift card value, first. So, if they use it before expiration and it's for a charge of $95, the $50 GC is used first and then $45 from the free one and the $5 can expire because it holds no value.
The problem comes with the expiration of the freebie. The cards $50 remains and doesn't expire (unless your state, province or country allow them to expire... mine doesn't). So that's a liability on your company books for $50. But in my case, by law, if they leave a value of under $5, I have to give it to them in cash. So, I can get rid of the liability by providing services, but I can also have to pay out up to $5 in cash, on a liability of $50 that I accepted for $25 because it had a publicity value.
I've asked and essentially under our laws here, that is how it is seen. And in fact, that is basically how most of these sites explain it. And while Groupon and LivingSocial are the biggest players, around here, I have at least a half dozen more, including the local newspaper who is selling their own deal as swarmdeals or something like that.
By law, the only way to diminish a cards value, is if the card is usuable in multiple businesses... in other words, a Visa/MC gift card can legally charge fees that diminish it's value. One of our national banks charges $1.50 a month until there is no value... but if the card expires before they have bilked you out of the value at $1.50 a month, they donate the money to their Olympic charity of choice and of course, take the donation receipt for themselves (except of course, that they don't ever mention that they get the donation receipt, they just make it seem like they are completely altruistic.... when they aren't. Heck, they may be donating it to the Make Curling An Olympic Sport charity for all we know, since it basically says
a charity supported by us. Oh yes, the $1.50 a month starts after 6 months, even if there is activity.
BTW, GC here are untaxed, so they can be used to pay taxes.... but I have to collect all the taxes on the $100... so basically, if they have to pay me $100 and use the deal, then I have to send the government $15.19. Which is why most of the deals around here all say that the coupon cannot be used to pay taxes. Could you imagine me having to give the government $15.19 of the $25 that I got for a $100 value card? I'd end up with $9.81 in my pocket.
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