Voucher

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Person with gift certificate

A voucher is a certificate , the issuer of which gives the holder a right to a service .

General

Gift Certificate, consumption voucher , travel voucher ( English voucher ) have in common that the acquisition of the voucher whose nominal value as advance payment is payable. For example, a travel voucher is issued after (full) payment for a certain tourist service , such as a hotel stay or an excursion , and entitles the named holder to use this service without having to make any further payments . This is an advance payment , because the consideration is only given when the voucher is redeemed later. During the period between prepayment and redemption of the acquirer is a delivery risk with the risk that the debtor in bankruptcy device and thereby fails to return.

Legal issues

The voucher is neither a security nor a sign of identification. Rather, it is a proprietor's mark according to Section 807 of the German Civil Code ( BGB) that does not (need to) name the beneficiary and where the exhibitor's commitment is aimed at providing the service to each owner. Since § 807 BGB refers to § § 793 Paragraph 1 BGB, § 794 BGB, § 796 BGB and § 797 BGB, bearer marks - and thus also the voucher - take on the function of bearer papers . This category also includes entrance tickets , train tickets or discount stamps .

Situation in Germany

Vouchers are “small bearer papers” that can be passed on as a substitute for money , even if they have been issued in a specific name. However , there is no entitlement to cash payment of the voucher value; exceptionally, it can be answered in the affirmative if, for example, a certain product or service named in the voucher is no longer provided by the person obliged.

Different voucher cards

Since the reform of the law of obligations in 2002, vouchers expire within the regular period of three years after issue ( Section 195 BGB), calculated from December 31 of the year of issue ( Section 199 BGB). Something different only applies if the voucher is limited in time, provided that the period is "appropriate" for its part according to the customs of the respective line of business; however, if this period is too short, the validity is based on the general statute of limitations (3 years). According to the established case law, this should be the case with a voucher that should be valid for less than a year. However, this does not apply to services that by their nature are only possible for a short time, such as a visit to a certain theater production. A shorter period of validity can also be effectively agreed for vouchers for certain services (one haircut), because otherwise the exhibitor's costs would no longer be covered as the time expired due to the increasing prices. In this case it is advantageous to have a certificate issued for a certain value.

After an effective time limit for the voucher has expired , the retailer is no longer obliged to redeem it. Before the end of the limitation period according to §§ 195, 199 BGB, the holder of the voucher can then demand the monetary value minus the lost profit from § 812 BGB.

In Germany, gift vouchers were among the most popular gifts in 2014 (e.g. for Christmas) - ahead of books, confectionery, clothing and toys. In 2012 these were still in third place. Germans spend the most money in this gift category. Further studies have shown that six percent of the vouchers given away are not redeemed for more than a year.

International

In Switzerland, depending on the type of claim, vouchers expire after five or ten years, regardless of whether a period of validity is noted on them. However, the expiry of the period of validity means that the agreed service is no longer owed. You get the invested money back if this claim is not already statute-barred. Provisions of national and international consumer protection are reserved.

Vouchers may have restrictions, such as "Cannot be combined with other discounts". Such restrictions are binding, provided they are noted on the voucher.

Contrary to the great popularity of vouchers as gifts from Germans, vouchers are only among the third most popular gifts for Christmas in Switzerland.

According to a decision by the Austrian Supreme Court on June 28, 2012, a time limit for vouchers is only effective if there is an objectively justified reason. If no period of validity is specified on the voucher, the claim expires after 30 years in accordance with the general limitation period in accordance with Section 1478 of the General Civil Code .

Internet

A voucher can also be used online in the form of an electronic (e) voucher. As a rule, the vouchers are then any type of numerical and / or letter code ( online couponing ). These types of vouchers can be entered when shopping online , and the corresponding denominations are credited to the order.

Many companies decided to issue voucher codes from around 2008/2009. There are many Internet websites that offer these offers and vouchers collectively online ( voucher portals ). B. also Facebook groups that offer discounts for students or take 2-pay-1 voucher offers. According to the voucher portal Gutscheine.de ( RTL interactive ), there was a savings potential of 15 percent on discount vouchers in 2013 (2011: 10 percent), with a difference to discounts for new customers (up to 20 percent). Vouchers as a marketing tool are therefore primarily used to acquire new customers.

Over a third of online shoppers have already used a discount voucher for the Internet - over half even use it regularly (1–2 times in three months).

literature

  • Martin Zwickel: contractual relationships, service disruptions and design options in the voucher business. In: NJW 2011, No. 38, pp. 2753-2758.

Web links

Wiktionary: Voucher  - explanations of meanings, word origins, synonyms, translations

Germany

Individual evidence

  1. ^ Munich Commentary / Mathias Habersack , Commentary on the Civil Code , 2013, § 808 Rn. 8 and marg. 10
  2. ↑ Otto Palandt / Hartwig Sprau, BGB Commentary , 73rd edition, 2014, § 807 Rn. 1
  3. ^ Daniel Richard Meppen, The Bearer Paper: From Securitization to Unsecuritized Value Right? , 2014, p. 51
  4. ↑ RGSt 50, 254, 255
  5. ↑ a b c d e f Don’t stress the gift recipient . In: Stiftung Warentest. test. 2/2014. Pp. 12-13
  6. ^ AG Northeim, judgment of September 26, 1988, Az. 3 C 460/88.
  7. ↑ In which category do the Christmas gifts that you want to buy fall this year? In: Statista . 2014, accessed December 1, 2014 .
  8. ↑ Have you received gift vouchers / gift cards in the past 12 months and did you redeem them before they expired? In: Statista . 2012, accessed December 1, 2014 .
  9. ↑ Art. 128 G. Statute of limitations / I. Deadlines / 2. Five years at: www.admin.ch
  10. ↑ Art. 127 G. Limitation / I. Deadlines / 1. Ten years at: www.admin.ch
  11. ↑ Art. 129 G. Limitation / I. Deadlines / 3. Immutability of deadlines at: www.admin.ch
  12. ↑ In which category do the Christmas gifts that you want to buy fall this year? In: Statista . 2014, accessed December 1, 2014 .
  13. ↑ Ref .: 7 Ob 22 / 12d
  14. ↑ In which category do the Christmas gifts that you want to buy fall this year? In: Statista . 2014, accessed December 1, 2014 .
  15. ↑ Price portals, couponing, social networks - the influence of current online trends on consumer behavior. In: Study by KPMG (pdf, p. 17). 2011, accessed December 1, 2014 .