ASA Adjudication on 7 Continents Travel Ltd
7 Continents Travel Ltd
Capital Tower
91 Waterloo Road
London
SE1 8RT
Date:
15 February 2012
Media:
Internet (on own site), Internet (search engine)
Sector:
Holidays and travel
Number of complaints:
1
Complaint Ref:
A11-179192
Ad
A website for an online travel agency, viewed on 1 December 2011, stated "SPECIAL OFFERS FOR ASIA ... Thailand fr £131". Further text stated "Flights to Bangkok, Thailand ... £250 Exc tax".
Issue
1. The complainant, who was unable to find the flights at the advertised prices, challenged the availability of the advertised flights.
2. The ASA challenged whether the website was misleading, because it advertised flight prices which were exclusive of all non-optional taxes and charges.
CAP Code (Edition 12)
Response
1. 7 Continents Travel Ltd (7 Continents) provided a screenshot which they said showed that some flights to Bangkok, Thailand were available at £130 excluding taxes. They said that taxes would be approximately £300 on top of this price.
2. 7 Continents said they advertised flight prices exclusive of tax as taxes could be changed at any time. They believed consumers would not understand that taxes might be more than the fare charged. They said they were working on a website which would display prices including tax.
Assessment
1. Upheld
The ASA noted that the screenshot provided by the advertisers appeared to show that some flights were available at the price of £130 excluding taxes. However, we noted that the website stated flights to Thailand were available from £131, and did not state that this price excluded taxes. We also noted that 7 Continents did not have direct control over the availability of these flights, and that the website did not make clear that flights available at these prices may be extremely limited or withdrawn without notice. As the advertisers did not demonstrate that flights to Thailand were available from the advertised price excluding taxes at the time the complainant viewed the website, we concluded that the price claim was misleading.
On this point the website breached CAP Code (Edition 2) rules 3.1 (Misleading advertising), 3.7 (Substantiation), 3.17 and 3.18 (Prices) and 3.28 (Availability).
2. Upheld
The ASA noted the CAP Code stated that when quoting prices, advertisers must include all non-optional taxes, duties, fees and charges that apply to all or most buyers. Because the website quoted prices which were exclusive of all non-optional taxes and charges we concluded that the website was misleading.
On this point the website breached CAP Code (Edition 2) rules 3.1 (Misleading advertising) and 3.17 and 3.18 (prices).
Action
The ads must not appear again in their current form. We told 7 Continents to ensure that some flights were available at the "from" prices advertised at the time the ad appeared, and to make it clear if availability was limited or offers could be withdrawn without notice. We also told 7 Continents to ensure that all flight prices displayed included all non-optional taxes, duties, fees and charges.
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