ASA Adjudication on Unique Vacations UK Ltd
Unique Vacations UK Ltd t/a
www.sandals.co.uk
32–34 Ives Street
London
SW3 2ND
Date:
25 January 2012
Media:
Internet (sales promotion)
Sector:
Holidays and travel
Number of complaints:
1
Complaint Ref:
A11-173488
Ad
A travel website, visited on 3 October, offered £100 off holidays. The headline stated "WEEKEND SALE SAVE AN EXTRA £100 Must end Midnight on Tuesday!" and additional text positioned above a countdown clock read "HURRY! LIMITED TIME OFFER!!". On 10 October 2011 the headline on the website stated "HURRY BOOK BEFORE MIDNIGHT ON TUESDAY To Save An Extra £100* For 2011 Travel!".
Issue
One complainant challenged whether the promotion was misleading because he had believed he needed to make a quick decision in order to take advantage of the offer, but it had reappeared the following week.
CAP Code (Edition 12)
Response
Unique Vacations UK Ltd t/a www.sandals.co.uk (Unique Vacations) said they had decided to run a promotion, which began at midnight on 30 September and finished at midnight on 4 October 2011, and offered an extra £100 per booking off the cost of holidays taken before 30 June 2012 (the "extra 100" promotion). They said the cheapest holiday available with an extra £100 off was priced at £1,145 and that the terms and conditions made the details of the offer, including the relevant travel period, clear to consumers.
They explained that, as a result of the success of the "extra 100" promotion, they decided to run a further short-term promotion from midnight on 7 October to midnight on 11 October (the "late 100" promotion). They pointed out that the website had stated prominently that this promotion was only for 2011 travel. They confirmed that, although it also offered £100 off, it only applied to 'late' holidays taken between 11 October 2011 and 26 December 2011 and that, because of the late nature of availability, the cheapest lead-in price was £1,195, which was higher than the cheapest price in the "extra 100" promotion.
Unique Vacations stated that the "late 100" promotion was not a repeat of the "extra 100" promotion, because the "extra 100" promotion offered the consumer a substantially better deal comprising a much longer travel period and lower lead-in prices. They said that, because the same discount was offered in both promotions, consumers who booked to travel in 2011 should have paid the same for their holiday whether they had booked during the "extra 100" or "late 100" promotion.
Assessment
Upheld
The ASA understood that the complainant had made the decision to book a holiday for November 2011 from Unique Vacations during the "extra 100" promotion, because they had wanted to take advantage of the £100 off offer. However, when they subsequently discovered that the same discount was also available in the "late 100" promotion, they felt that they had been rushed into making their purchase too quickly.
We noted that both promotions offered £100 off the price of a holiday. Although we understood that the cheapest deal available in the "late 100" promotion was more expensive than the cheapest available in the "extra 100" promotion, we noted that the difference was relatively small. We noted that the travel period in the "extra 100" promotion was substantially longer than in the "late100" promotion, but we also noted that both included travel in October, November and December 2011 and that consumers who wished to travel in those months should have paid the same for their holiday whether they had booked during the "extra 100" or "late 100" promotion.
Although we noted that more people could take advantage of the "extra 100" because of the longer travel period, we considered that consumers who took advantage of the "extra 100" promotion for travel in 2011 had been encouraged to make a decision before it ended on 4 October which need not have been made until the "late 100" promotion ended on 11 October. Because we considered that those consumers had been deprived of time to make a more informed choice, we concluded that the ad breached the Code.
The ad breached CAP Code (Edition 12) rule 3.31 (Availability).
Action
The ad must not appear again in its current form. We told the advertisers to ensure that they did not place undue pressure on consumers into making a purchase.
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