Gift Vouchers Under the Christmas Tree

Whether for books, fashion, or a favourite restaurant, gift vouchers remain among the most popular Christmas presents each year. However, many vouchers are often put aside and forgotten. What many people fail to realise is that gift vouchers are subject to specific regulations. Sabine Brandl, a legal expert at ERGO Rechtsschutz Leistungs-GmbH, explains what you need to be aware of.

Monetary and Service Vouchers: The Key Differences

Legally, vouchers can be divided into several categories: value, service, product, occasion, discount, and limited vouchers. The most common are monetary vouchers, such as gift cards or value vouchers. These entitle the holder to redeem a specified sum of money flexibly for goods or services. “Service vouchers, on the other hand, relate to a specifically defined service or product, such as a massage, a concert ticket, or a particular menu at a restaurant,” explains Sabine Brandl. “They do not entitle the holder to a cash equivalent, but solely to the specified service.”

Types of Vouchers: Terms and Legal Basis

Both types of vouchers are subject to the issuer’s terms and conditions and are governed by similar statutory limitation periods. The key distinction is that value vouchers can be used for a wide range of goods or services, whereas service vouchers are restricted to a specific use. Legally, the stated terms and the fact that a cash payout is usually excluded unless expressly agreed are decisive. The legal basis for vouchers in Germany is Section 807 of the Civil Code (Bürgerliches Gesetzbuch, BGB). A voucher is regarded as a “small bearer instrument”, which means that anyone in possession of it may redeem it, even if a specific name is printed on it. Exceptions apply primarily where a contractual agreement stipulates otherwise. For example, some vouchers are not suitable for everyone, such as a voucher for a diving course that requires good health.

How Long Are Vouchers Valid?

Under German law, vouchers are valid for three years, as stipulated by Section 195 BGB. “However, the period does not commence from the date of issue, but rather at the end of the year in which the voucher was issued,” explains the ERGO expert. For example, a monetary voucher issued on 1 April 2025 remains valid until 31 December 2028. “Shorter validity periods may be permissible if they are objectively justified and do not unreasonably disadvantage the consumer,” Brandl adds. This is often the case with service vouchers, such as those for massages, where wage costs may rise over time. Special cases include vouchers relating to a specific event on a set date, such as a concert; these are valid only for that particular event. Once the validity period has expired, the issuer may refuse redemption. However, if the validity period was set unreasonably short, consumers may still demand redemption after the expiry date. Alternatively, they may be entitled to a refund of the voucher’s purchase price, less a reasonable administrative fee. If the retailer provided the voucher free of charge, different rules apply: the retailer is then free to determine the voucher’s validity period.

Redeeming Expired Vouchers

Once the statutory limitation period has expired, there is generally no entitlement to redeem a voucher. Nevertheless, some retailers act generously as a gesture of goodwill and may accept expired vouchers, especially for longstanding customers. “Such goodwill is voluntary and cannot be legally enforced. Consumers are advised to contact the retailer and explain their circumstances, as individual solutions may be possible depending on company policy,” says the ERGO expert. Legally, there is only a right to a refund of the voucher’s value in exceptional cases, for instance, if an unreasonably short validity period was specified.

A Special Case: If the Provider Becomes Insolvent

A claim for a refund of the voucher’s value may also exist if the limitation period has not yet expired but the promised service is no longer available. This can occur, for example, with experience vouchers if the specific experience is no longer offered. “In the event of insolvency, however, the situation is different,” Brandl notes. In such cases, affected individuals may only register their claim with the insolvency administrator for inclusion in the schedule of creditors. “Should any funds remain after the insolvency proceedings, claimants will receive a proportional payment. In practice, however, such claims often go unpaid, as there is usually little to no insolvency estate available,” the ERGO expert points out.