ASA Adjudication on Center Parcs (UK) Ltd

Ad

A TV ad for Center Parcs showed a family carrying out various sporting and leisure activities. On-screen text stated "4 night breaks from £199 for four people Subject to availability. Conditions apply. Offer ends 2nd March 09".

Issue

Two viewers challenged the availability of four night breaks for four people at £199.

BCAP TV Code

Response

Center Parcs stated that the TV ad ran from 26 December 2008 to 2 March 2009.  Before the campaign began they identified the breaks for which the starting offer price of £199 would be available; that amounted to 320 breaks for four people for four nights staying in two-bedroom accommodation mid-week in January, February and March 2009 across all four Villages.  The arrival dates were different for each Village.  Those 320 breaks represented 16% of the total mid-week breaks of the same accommodation type across all four Villages for those dates.  Of the 320 breaks allocated under the promotion, 49% (157) were at Sherwood Forest Village, 28% (91) were at Whinfell Forest Village, 14% (44) were at Elvedon Forest Village and 9% (28) were at Longleat Forest Village.  Center Parcs said they monitored availability of accommodation under the offer throughout the campaign and re-stocked by adding additional dates, which meant they ended up selling more breaks at £199 than the 320 originally identified.  Over the promotional period, the promotional bookings represented 2% of all bookings (all villa types and holiday durations).  They submitted booking data.

Clearcast said they approved the ad after receiving written confirmation from Center Parcs that the offer was available across all four Villages. They also understood that 16% of holidays were available at the offer price.  They pointed out that the ad stated "Subject to availability" and "Conditions apply".  They also pointed out that the ad stated "from £199", which was a starting price point.

Assessment

Not upheld

The ASA considered that viewers would understand from the claim "4 night breaks from £199 for four people" that £199 was a starting price.  We also considered they would not expect this price to relate to more expensive accommodation for four people sharing and noted that the two-bedroom accommodation available under the promotion was mainly Center Parcs Comfort Villas, their most basic accommodation.

We considered there should be a reasonable spread of availability of £199 breaks across all four Villages and noted that was the case.

We understood that breaks at Center Parcs Villages could be booked on a mid-week (four-night) basis, weekend (three-night) basis or weekly (seven-night) basis.  We therefore considered it was reasonable for Center Parcs to base the percentage of breaks available under the promotion on the number of mid-week breaks available.  We understood that 16% of the total mid-week breaks of the same accommodation type across all four Villages for certain dates in January, February and March was initially made available under the promotion, which we considered was a reasonable proportion.  

We noted bookings were made under the promotion at all four Villages throughout the promotional period, including the closing date of the offer, and that Center Parcs monitored the availability of accommodation at £199 throughout the promotion and re-stocked when they felt it was necessary.

Although the ad did not make clear that the availability of the £199 breaks was limited to dates in January, February and March, we noted that because of the re-stocking strategy, Center Parcs had ended up extending the dates of the holidays into autumn 2009 and January and February 2010.  We considered that if Center Parcs had intended to enforce that limitation it ought to have been stated clearly in the ad, but nevertheless concluded that in the circumstances the ad did not breach the Code.

We investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 5.1.1 and 5.1.3 (Misleading advertising), 5.2.1 (Evidence) and 5.3.4 (Availability of products advertised at a specified price) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Broadcast)