Having a gift card, a voucher or a pending coupon to use when a store announces its closure can leave the consumer in a complicated situation. The outcome will depend on what really happens with the company: it is not the same for only one establishment to disappear, for the activity to continue through other channels, or for the company to enter insolvency. If the business definitively stops providing the service or allowing the purchase for which it had been previously paid, the customer can claim the pending amount, although recovering the money will be more difficult when there is a bankruptcy proceeding. Consumer organizations recommend keeping contracts, invoices, receipts, and any document that allows proving the money delivered.
The closure of a store does not automatically invalidate the card
The first thing is to check what type of closure has occurred. The disappearance of a specific location does not necessarily imply that the company has ceased to exist.
If the chain continues operating in other stores or online, it will be necessary to review the conditions of the card to check if it can be used in those channels. It may also happen that another company continues the activity, although that does not automatically mean that it has to assume all the commitments of the previous company: it will depend on how the operation has been structured.
For this reason, before considering the balance lost, it is advisable to contact the company and request a written solution, whether it is to use the card in another establishment, exchange it for products, or claim the amount paid when it is no longer possible to receive what was paid for.
What to do if the company stops providing the service
When the closure definitively prevents the use of the voucher, the consumer must gather all possible evidence: gift card, purchase ticket, invoice, confirmation email or bank receipt, among others.
OCU recommends that, in the face of unexpected closures of companies that have charged amounts in advance, those affected file a written complaint and keep all documentation related to the contract. If they do not receive a response, they can also go to public Consumer agencies to claim the damages suffered.
The written complaint is especially important because it allows later proving that the consumer attempted to recover the money or demand compliance with the contract.
The problem complicates if there is a bankruptcy proceeding
The situation changes substantially when the company not only closes but also enters into bankruptcy proceedings. In that scenario, anyone who has a paid gift card pending use can become a creditor of the company for the corresponding amount. The Bankruptcy Law establishes that existing credits before the declaration of bankruptcy are integrated into the passive mass of the procedure.
The consumer must then be attentive to the bankruptcy procedure and communicate their credit to the bankruptcy administration in the manner and within the established deadline. The administration must inform individually the creditors whose identity and address appear in the documentation of the bankruptcy.
Claiming does not guarantee recovering all the money
Entering the bankruptcy as a creditor does not mean that the amount will be automatically refunded. The real possibility of recovering the balance will depend, among other factors, on the available assets of the company, its debts, and the classification that corresponds to the credit within the procedure. Bankruptcy legislation distinguishes between privileged, ordinary, and subordinated credits, which do not have the same position when it comes to collection.
OCU precisely warns that when a company enters bankruptcy, affected consumers must turn to the bankruptcy administration and that recovering the amounts advanced can be difficult.
Keeping the receipt can make a difference
A gift card kept for months in a drawer can become a problem if there is no longer any proof of when it was purchased or how much money it contained.
Therefore, it is advisable to keep the proof of purchase and the applicable conditions for the card, as well as a photograph or copy of the voucher when possible. If the balance is managed through an application or an online account, it is also advisable to keep screenshots or emails that allow demonstrating the pending amount.
These proofs will be especially useful if the company later denies the existence of the balance or if the consumer has to prove their credit within a bankruptcy procedure.
Using the vouchers before an announced closure can avoid problems
If a company announces a liquidation or the upcoming closure of its establishments and still allows the use of its gift cards, spending them before the cessation of activity is usually the least risky option.
Waiting until the last moment can cause the consumer to go from having a usable balance to having to initiate a claim whose outcome will depend on the economic situation of the company.
The closure of a store, therefore, does not alone erase the rights of the consumer, but the more serious the financial situation of the company, the more difficult it may be to recover the money. Claiming quickly and keeping the documentation are the two main tools to defend the amount that is still pending.