ASA Adjudication on Travelbag Ltd
Travelbag Ltd
Glendale House
Glendale Business Park
Sandycroft
Nr Chester
CH5 2DL
Date:
9 September 2009
Media:
National press
Sector:
Holidays and travel
Number of complaints:
1
Complaint Ref:
97643
Ad
A national press ad promoted flights and overseas holidays. The ad was headed "TRAVELBAG.CO.UK 0845 XXX XXXX". Prices for flights and hotels were listed in columns. Text stated "Emirates Business Class Sale 2 for 1 ... Cape Town £895 Auckland £1,539 ... ". The small print stated "2 people must travel together at all times. Price Beater only applies to products contracted by Travelbag. Prices are pp based on 2 sharing, subject to avail & inc all taxes. Prices correct at time of going to press ... ".
Issue
The complainant challenged whether the ad was misleading, because when he tried to buy two tickets to Auckland for the advertised price of £1,539 he was told that was the price per person.
CAP Code (Edition 11)
Response
Travelbag Ltd (Travelbag) said they did not believe the ad was misleading, because the terms and conditions stated clearly that the price was per person based on two people sharing.
Assessment
Upheld
The ASA noted Travelbag's assertion that the terms and conditions made clear the price was per person based on two people sharing. However, because the claim stated "Business Class Sale 2 for 1", we considered readers were likely to think they could get two tickets for the prices listed below that claim. Because that was not the case, and the prices listed below the "2 for 1" claim were for one, not two, we concluded the ad was likely to mislead.
The ad breached CAP Code clauses 3.1 (Substantiation), 7.1 and 7.2 (Truthfulness), 15.1 (Prices) and 27.4 (Sales promotions).
Action
The ad must not appear again in its current form.
Adjudication of the ASA Council (Non-broadcast)
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