Public Mediation

Smart Mart Saver-Dispute-#1726866-Reinstatement of Agreement

S. N. vs. Smart Mart Saver
P.O. Box 3406, Lake Havasu, Arizona, 86405, United States
Amount Involved: Other terms
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
       (seeking public comment)
    • Claimant Seeks: 1 non-monetary items.
    • Claim #: 1726866
    • Amount Involved: N/A
    • Filed On: Jun 25, 2012
    • Posted On: Jul 06, 2012
    • Complaint(s):
      • Contract / Agreement / Promise dispute
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Statement of Claim
Complaint Involved (1) - View
Claimant says:
"Gas Pass Rewards has denied sending me my May monthly check for $25 and has terminated me from the program which would result in a loss of $150 over the next 6 months.

A Gas Pass represenative acknowledged receiving the May Rebate Coupon which was mailed via certified mail on May 15, 2012. The representative said that the Rebate Coupon was mailed within a 30 days from the date I mailed the April Rebate Coupon. The Registration Form specifically provides that I will be sent the "Rebate Coupons for the number of months equal to the face value of your Reward Certificate divided by 25" which would be 12 coupons. Monthly, I sent the required information commencing with the month of December 2011 and received 6 payments of $25 each.

The Terms and Conditions states that I have the right to receive "one $25 rebate a month". The representative relied upon another provision that states "If multiple Rebate Coupons are submitted during the same 30-day period only one will be redeemed, and any amount of rebate otherwise remaining will be rendered null and void, and you will not be issued any additional Rebate Coupons and your participation in the Program will be null and void". I sent a Rebate Coupon for gas purchases during each month the gas was purchased.

If the representative's interpretation is correct, then I would be deprived of the last coupon based upon the following example. Assume the Program started in December 2011, a coupon for December gas was mailed on December 10, and each month thereafter, monthly coupons from Gas Pass would be received and mailed back on the 12th, 14th, 16th, 18th, 20th, 22nd, 24th, 26th, 28th and 30th. In this situation compliance with the 30 day rule would not be possible for the November Rebate Coupon since it would be received in December and therefore, not mailed until December 2012."
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What Claimant Wants Hide
Non-Cash
What By When How Much
1. Reinstatement of the Gas Pass agreement Jul 02, 2012 N/A
Cash
1. Other – Pay for claim posting cost Jul 02, 2012 $7.95
Cash total : $7.95
Non-cash: 1 items
  • 0
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Respondent's Counteroffer

There has been no response to this claim from Smart Mart Saver. This claim will remain posted until resolved
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