Upheld

The ASA noted the e-mail from the hotel manager indicated that when the offer was agreed the price of a deluxe room was £130 per night, breakfast was £9.95 per person and a bottle of wine cost £12 and that these prices for a two-night stay, including breakfast for two people, were equal to £311.80. We also noted the hotel said, due to a downturn in business, their prices and packages had been reduced since the offer was agreed.

However, while the hotel said the offer was agreed on 30 September 2011, the complainant purchased the offer on 26 August 2011, and we had not received any evidence that demonstrated on what basis the savings claim was made. We noted the offer stated "£89 value: £311.80 discount: 71% ... £89 for two nights' bed and breakfast for two people, including a bottle of wine, worth up to £311.80" and considered most readers would understand that £311.80 was the maximum price at which a two-night stay for two with breakfast, including a bottle of wine, was offered by the hotel. In the absence of any evidence to demonstrate that, on 26 August 2011, that was the case, we considered that the promotion was likely to mislead about the savings claim. We therefore concluded that the claim that the offer was worth up to £311.80 was misleading.

The ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation), 3.17 and 3.22 (Prices), 3.39 (Price comparisons), 8.1 and 8.2 (Sales promotions) and 8.14 (Administration).