ASA Adjudication on Moness Group Ltd

Ad

A regional press ad, for the Moness Resort, was headed "Enjoy a luxury hotel break or 4-star cottage getaway". Text stated "FREE NIGHT Book 2 nights get 3rd free* from £36 per person, per night". The asterisk linked to smallprint that stated "*Offer open for last minute bookings in hotel staying midweek on selected dates. Rate based on 2 sharing double room".

Issue

A reader challenged whether the claim "FREE NIGHT Book 2 nights get 3rd free" was misleading and could be substantiated, because when she tried to book the offer she was told the cost would be £36 per person for each of the three nights.

CAP Code (Edition 11)

Response

The Moness Group (Moness) confirmed that consumers received a three-night stay for the price of two nights. They explained that the normal room rate for a three-night stay during May was from £285 for two people sharing, which was the equivalent of £95 per room per night, or £47.50 per person per night. However, when the free third night was deducted, and the £25 charge for breakfast for the third day added on, the total cost for the offer was £215. Moness explained that the total cost was then divided over each of the three nights to give a figure of £36 per person per night, which was the price quoted in the ad. Moness believed therefore that the ad was not misleading.

Assessment

Upheld

The ASA noted the £36 quoted in the ad was payable for each of the three nights. We understood that Moness had calculated that figure by deducting the cost of the third night (£95) from the overall normal three-night price of £285, adding on the £25 charge for the breakfast on the third day, and then spreading the final amount over the three nights.

However, we considered the claim "FREE NIGHT Book 2 nights and get 3rd free ... from £36 per person per night" gave the impression that the cost of one night's stay was from £36 per person, and that guests would therefore pay £36 on both of the first two nights and nothing on the third. We therefore considered that consumers would understand from the ad that they would pay £72 per person in total to take up the offer, whereas the actual total cost was significantly higher at £108 per person.

Moreover, we noted the usual £95 per room per night rate, on which the offer was based, was inclusive of breakfast. However, we considered that, because Moness added a charge of £25 for breakfast on the third day, customers did not receive the equivalent of a full free night's stay at the usual rate, but rather received the 'bed' only rate of £70 for free. We therefore considered that it should have been made clear in the ad that there was a charge for breakfast on the third day, or that that charge was included in the offer price. Because it was not, and because we considered that it was unclear from the ad how the offer was applied and charged to guests, we concluded that the ad was misleading.

The ad breached CAP Code clauses 3.1 (Substantiation), 7.1 and 7.2 (Truthfulness), 27.4 (Sales promotion rules) and 32.3 (Free offers).

Action

The ad must not appear in its current form again.

Adjudication of the ASA Council (Non-broadcast)