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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I found a promotional coupon (with an ...

Resolved Question:

I found a promotional coupon online (with an expiration date of 05/01/2008) for a hotel resort in Colorado. I called the resort but they say that they are no longer running that promotion, which would save me over $100. Is their internet promotional coupon enforceable since it has an expiration date?
Submitted: 6 years ago.
Category: Legal
Expert:  Dave Kennett replied 6 years ago.

DearCustomer- Since they withdrew the offer and there was no consideration given there is no contract that would be enforceable. This happens quite frequently in the case of advertising and promotion. If you had given a deposit for that rate and then they canceled the promotion they would have had to honor any commitment to you since there would have been a viable contract.

David Kennett - JD - Attorney at law

Customer: replied 6 years ago.
Reply to Dave Kennett's Post: But doesn't the coupon represent an offer with an expiration date? Can they withdraw their offer like that even after I've verbally accepted? I could understand if there was no expiration date, but it seems like if they are still advertising it (through a third party company), then they should have to uphold their offer. I highly doubt they will be taking the advertisement down any time soon.
Expert:  Dave Kennett replied 6 years ago.

I agree that they should honor it and you can file a complaint with the travel industry but unless you want to maintain a small claims suit against an out of town corporation you are probably wasting your time. There simply isn't the sufficient criteria for this to be a legal contract and, while I think its bad for public relations, I know of no court that would enforce this. If you could gather enough people to maintain a class action lawsuit for false advertising you might get some satisfaction.

Dave Kennett

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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