ASA Adjudication on Holiday Extras Ltd

Ad

A national press ad for airport parking and hotels was headed "FREE Airport parking & Airport hotels*". Further text stated "Find the same product for less and park or stay with us for FREE. Terms & conditions apply*. Bullet-pointed text stated "The UK's market leader", "Established 25 years", "Greatest choice" and "Guaranteed best prices". A website address and phone number were listed at the bottom of the ad.

Issue

Two complainants challenged whether:

1. the ad was misleading, because it did not make clear the significant terms and conditions of the free offer, and

2. the claim "Guaranteed Best Prices" could be substantiated.

Investigated under CAP Code clauses 7.1 (Truthfulness) and 17.1 (Guarantees)

CAP Code (Edition 11)

Response

1. Holiday Extras Ltd (Holiday Extras) said the significant terms and conditions were made clear because the ad stated "same product, for less" and referred to airport parking and airport hotel products. They said they included an asterisk next to the headline claim "FREE Airport parking & Airport hotels*" to ensure readers were aware there were further terms and conditions.  They said they had also ensured the text "Terms & Conditions apply" was stated prominently. They said 79% of their bookings were taken via their website which provided detailed terms and conditions throughout the booking process. They attached a copy of those terms and conditions and sent evidence that showed customers who found the same product for less had been offered a full refund.

2. Holiday Extras said they checked on average 130 prices with their suppliers against their competitors each week. They said they then adjusted their prices and removed any products where they were unable to beat their competitors' prices.  They said that prices were also compared on a real-time basis via screen scraping, so that they could find any discrepancies in price and amend accordingly.  They said their website allowed customers to check competitors prices before proceeding.  They said they matched their competitors prices, and in many cases they were the cheapest.

Assessment

1. Upheld

The ASA noted the ad explained two significant conditions relating to the price guarantee. However, we considered the presentation of the ad, in particular the asterisks that did not link to text explaining further terms and conditions or indicate where those terms and conditions could be found, was confusing.  We noted the ad did not state that claims had to be made within 24 hours of making and paying for the booking, which we considered to be a significant condition, nor did it explain that a quote obtained for a hotel room and secure parking booked separately was not comparable with the price offered by Holiday Extras for a package combining exactly the same two products. Because the ad did not state all the signficant terms and conditions, and did not explain where further terms and conditions could be found, we concluded it was misleading.

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

2. Upheld

We noted Holiday Extras continually monitored their competitors prices and adjusted their prices accordingly.  We noted they matched their competitors prices, and in many cases were cheaper.  We accepted the evidence showed they had offered a full refund to customers who found the same product for less. However, we considered the claim "Best Prices Guaranteed" implied Holiday Extras were always cheaper than their competitors.  Because that was not the case, and in some instances Holiday Extras were more expensive or the same price as their competitors, we concluded the ad was misleading.

On this point the ad breached CAP Code clauses 7.1 (Truthfulness) and 17.1 (Guarantees).

Action

The ad must not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)