Legal regime of bonuses (bonus conditional units) of marketplaces and other participants consumer market

The article provides a comparative analysis of the legal regime of bonuses (bonus points) offered by the loyalty programs of many marketplaces and other participants in the consumer market. Due to the rapidly growing popularity of bonus programs, disputes inevitably began to arise between program participants and their operators related to the legal unsettlement of both the loyalty programs themselves and the benefits (bonuses) offered within their framework for participants. A study of a number of court decisions allows us to conclude that there is no clear approach from the law enforcer to the legal nature of bonus points, which leads to a violation of the rights of consumers who use them when purchasing goods, works and services. Based on the results of the study, the need for legislative regulation of the activities of marketplaces in general is noted. A conclusion is made about the possibility of classifying the conventional units of loyalty programs as tokens (digital rights) in the case of concluding an agreement on the Internet, or other property rights when concluding contracts in the traditional way. The authors formulated a number of proposals to change the current legislation by introducing amendments to the Law of the Russian Federation “On the Protection of Consumer Rights”, taking into account the possibility of partial use of accrued points (bonuses) and other conventional units in calculations.