ASA Adjudication on Top Flyers Ltd

Ad

A regional press ad for Top Flyers Ltd was headlined "FLY TO SA DAILY". Further text stated "DIRECT TO ... JO'BERG, DURBAN, CAPETOWN & HARARE FROM £435.00 RTN INCLUDING TAX".

Issue

The complainant, who tried to book a direct flight to Durban and was told Top Flyers Ltd did not fly direct to Durban, challenged whether the claim "DIRECT TO ... DURBAN" was misleading.

CAP Code (Edition 11)

Response

Top Flyers Ltd (Top Flyers) did not respond to the ASA's enquiries.

Assessment

Upheld

The ASA was concerned by Top Flyers' lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 2.6 (Non-response). We reminded them of their responsibility to respond promptly to our enquiries.

Because Top Flyers did not send evidence to show they flew direct to Durban, we concluded they had not substantiated their claim "DIRECT TO ... DURBAN" and the ad was misleading.     

The ad breached CAP Code clauses 2.6 (Non response), 3.1 (Substantiation), 7.1 (Truthfulness).

Action

We told Top Flyers not to repeat the ad.

Adjudication of the ASA Council (Non-broadcast)