You presented a gift card. The restaurant said it expired, refused to accept it, applied surprise restrictions, or said the card was no longer valid because of an ownership or branding change. None of that is automatically the end of your right to use it.
The legal context
Since 1 November 2019, most gift cards sold to consumers in Australia must, under amendments to the Australian Consumer Law:
- Be valid for a minimum of three years from the date of supply
- Display the expiry date clearly
- Not have post-supply fees (with limited exceptions)
Section 18 of the ACL also catches misleading conduct around card terms, and the venue’s general consumer guarantees apply to the dining service itself.
Common pushbacks and why they fail
- “The card is older than three years.” If sold after 1 November 2019, the three-year minimum applies regardless.
- “New management doesn’t honour old cards.” A change of ownership generally does not extinguish a gift card liability that transferred with the business.
- “You need to use it on a weekday only.” Restrictions imposed after sale that were not disclosed are challengeable.
- “It’s a promotional card, different rules.” Promotional cards are exempt only in narrow circumstances and venues frequently misclassify normal cards.
The Letter of Demand approach
The Letter of Demand sets out the card details, the ACL provisions on minimum expiry, the refusal, and the remedy claimed (honour the card or refund the face value). It names state Fair Trading and your state tribunal as the escalation path.
What Claim Done delivers
- Gift card details, purchase date and face value
- The venue’s refusal
- Citation of the ACL gift card provisions and section 18
- Demand to honour the card or refund the value
- 14-day deadline with named escalation
- Sent on letterhead for a flat $79
What to expect after
Most venues either honour the card or refund the value once a formal letter is on file. If not, escalate to your state Fair Trading body and file a small claim. The amounts are usually modest but the principle — and the public-record outcome — matters.