Gift Cards, Promotions, Loyalty Programs: Prospects for Applying the Рrovisions on the Framework Contract to Consumer Protection Disputes

The article examines the problems of qualification of certain organizational relations developing between entrepreneurs and consumers in connection with the use of gift cards (certificates), promotions, and involvement in loyalty programs. It is noted that despite the widespread use of these phenomena in practice, the current legislation on consumer protection does not provide clear guidelines regarding their relationship with the “main” obligation in connection with the conclusion and execution of which they arise. Judicial practice generally fills the relevant gaps by developing quite effective ways to resolve most of the difficulties associated with them. At the same time, there are still prerequisites for the emergence of new problems and ambiguous settlement of certain situations.

The purpose of the study is to provide a scientific understanding of the approaches developed in judicial and arbitration practice to the legal qualification of relations associated with the use of gift cards, promotions and the implementation of loyalty programs, as well as to assess the prospects for applying the provisions of the Civil Code of the Russian Federation on the framework contract to disputes arising in this regard.

When writing the article, general scientific methods (analysis, synthesis, induction, deduction, abstraction, comparison, modeling) were used, as well as special methods of legal science (formal legal, comparative legal, legal modeling method).

The thesis is substantiated that the organizational relations under consideration can be qualified as a framework contract that determines the general conditions for the interaction of the parties and affects the content of the “target” consumer contracts concluded subsequently. It is shown that such an approach not only is consistent with the prevailing positions in judicial practice but also allows strengthening the argumentation of the conclusions contained in the reasoning part of judicial acts. The importance of ensuring uniformity in the interpretation and application of consumer protection legislation by arbitration courts and courts of general jurisdiction is emphasized, taking into account the intersectoral nature of the relevant disputes.