Legal Question in Business Law in California

Re: expiration on certificates

It is true that California law now requires that gift certificates not expire, i.e. be redeemable for cash or merchandise indefinitely. However, the instruments you purchased are probably not gift certificates. They are more likely travel vouchers. Travel vouchers are instruments that show to a travel service provider (such as a hotel or fishing guide) that you have purchased a service, usually through a far-away travel agent. The voucher can then be redeemed for the specified service. However, like a nonrefundable airline ticket, if the service you purchased was a fishing trip in 2000 and you present the voucher in 2001, it's void, just like presenting an admission ticket in August for July's concert or baseball game.

I hope this makes the distinction clear. The service provider has an option, possibly even a moral duty, to provide the service or make a refund, but they are not obligated under the gift certificate law. Actually, I suppose, their legal obligation to you, if any, would arise out of the terms of the original contract you made with them (through their agent) when you bought the instruments in the first place. So, the service provider's liability is ultimately a question of private contract rather than a question of rights under a statute.

The gift certificate law is Civil Code section 1749.5 if you would like to look it up, either at the library or on the Internet.