Gift Cards and Gift Certificates
Posted on Dec 22, 2021 in Education
Know your rights when it comes to using gift cards and gift certificates.
The gift certificate law provides additional protection for those who either buy or receive a gift certificate.
The law states that any restaurant or other party involved in retail goods and services:
- Must honor any gift cards for five years
- Must honor gift certificates for at least two years if issued only in paper form
- If there is an expiration date, it must be listed on the gift certificate
- Are prohibited from imposing service fees, including fees for dormancy or inactivity
- Must refund cash if the remaining value of a gift card/certificate is less than $5.00
The law does not cover all vouchers or certificates issued by restaurants or retailers. Certificates sold at a discount, used solely for telephone services, not marketed to the general public or marketed or labeled as a gift certificate, or given as a loyalty, award, promotional gift card are not covered. The gift certificate law does not apply to cards or certificates that are redeemable solely for admission to events or venues at a particular location or group of affiliated locations (e.g. a particular concert or sporting event). It applies only to certificates for which the issuer has received payment for the full face value.
This is in accordance with state law section §481B-13 of the Hawaii Revised Statutes. Any violation of this law shall constitute an unfair or deceptive act or practice in the conduct of trade or commerce within the meaning of section §480-2.