ASA Adjudication on Zoom Airlines

Ad

A poster, for Zoom Airlines, was headlined " ... Canada from £99 ONE WAY". Text below stated "Toronto and Vancouver from Belfast". Small print stated "£99 fare includes tax and is subject to limited availability. £99 fare applies to Toronto. Vancouver fares from £139 one way. Terms & conditions apply. See Website for details".

Issue

1. Two complainants challenged the availability of flights from Belfast to Toronto for £99 including taxes and charges. They believed the price in the ad did not include taxes and charges.

2. The ASA challenged whether the small print "Vancouver fares from £139 one way" contradicted the impression given in the headline claim and body copy that flights to Vancouver were available from "£99 one way".

CAP Code (Edition 11)

Response

1. Zoom said the poster campaign had been planned in August, signed off in October and scheduled to appear from 1 to 14 January 2007. They explained that, when they first planned the campaign, seats were available from £99 including tax. However, on 7 December, the Chancellor announced the doubling of Air Passenger Duty (APD); increasing fares by £20 for flights departing the UK after 1 February.

They said they had considered amending the poster but believed they did not have enough time, because most advertising industries closed for two weeks over the Christmas period. Instead, their reservations staff were updated with the situation and told to inform all callers at the start of the conversation of the £20 APD increase.

They said the fares went on sale on 28 December and they ensured that the Toronto (£99) and Vancouver (£139) flights departing in January were available. Zoom provided the ASA with examples of bookings made in December and January, which showed that one way flights to Toronto were available at £99 including taxes and charges. They also provided bookings made during the campaign but for flights departing after 1 February; they showed fares available to Toronto for £119 including taxes and charges. Zoom also provided weekly sales statistics for December and January, which showed that over 10% of flights between Belfast and Toronto were available either at the advertised price or at that price plus £20.

2. Zoom were not of the opinion that including Vancouver in the body copy was misleading, because the small print clearly stated that the Vancouver fares were from £139.

Assessment

1. Upheld

The ASA noted the campaign had been signed off in October, when the advertised price was available, and, because of an unforeseen increase in ADP in early December, the price advertised on the poster was not available for flights departing after 1 February. We also noted that Zoom had substantiated that at least 10% of economy fares were available at either the advertised £99 or the revised £119 price during the period the ad covered. We were satisfied from the example bookings that the price included taxes and charges. Nevertheless, we considered that, because Zoom were aware in early December that the price in the ad was incorrect, and the posters had not been scheduled to go up until 1 January, the poster should have either been amended or withdrawn. Because the price advertised was not available at all for flights departing after 1 February, we concluded that the ad was inaccurate and would mislead readers.

On this point, the ad breached CAP Code clauses 7.1 (Truthfulness) and 15.1 (Prices). We also investigated the ad under CAP Code clauses 3.1 (Substantiation), 15.2 and 15.4 (Prices) and 16.1 (Availability of products) but did not find it in breach.

2. Upheld

The ASA considered that the larger text on the poster ... Canada from £99 ONE WAY Toronto and Vancouver from Belfast" gave the impression that consumers could fly to both Toronto and Vancouver from £99. We noted the text at the bottom of the poster explained that the Vancouver fares were from £139 one way; we nevertheless considered that readers were likely to be misled, because the small print contradicted the impression created by the headline.

On this point, the ad breached CAP Code clause 7.1 (Truthfulness).

Action

We told Zoom to ensure that prices quoted in future ads were accurate.

Adjudication of the ASA Council (Non-broadcast)