ASA Adjudication on kgb (UK) Ltd
kgb (UK) Ltd
Sterling House
Malthouse Avenue
Cardiff Gate Business Centre
Cardiff
CF23 8RA
Date:
11 July 2012
Media:
Internet (sales promotion)
Sector:
Leisure
Number of complaints:
1
Complaint Ref:
A12-193802
Ad
A sales promotion on www.kgbdeals.co.uk for a discounted hotel break in Snowdonia seen on 3 March 2012 was headlined "Stunning Snowdonia getaway. Eagles hotel. £69". Text immediately beneath stated "£69 for a two-night Snowdonia getaway for two at Eagles Hotel worth up to £175 - save up to 61% on B&B, afternoon tea and a bottle of wine when you dine in the hotel's superb restaurant". Further text, under the heading "by the way" stated "Advanced booking is required. Telephone 01492 xxxxxx to book, quoting your kgbdeals reference number ... Should you require a particular date please call the hotel prior to purchasing ... Bookings and any upgrades are subject to availability ... This kgbdeal does not cover bookings over the Easter weekend ... This voucher is valid until 31st August 2012".
Issue
The complainant, who bought the voucher as a gift, challenged the availability because the person for whom he had bought it was unable to redeem it because the hotel was sold out.
CAP Code (Edition 12)
Response
kgb (UK) Ltd (kgb) did not believe the promotion was misleading because there was still availability for the offer and provided us with a list of those dates throughout the remainder of the offer period (May, June, July and August). They confirmed, however, that they no longer had any weekends available for the promotion. They said the promotion made clear that the offer was subject to availability and it told consumers to contact the hotel before buying, if they wanted to book particular dates.
Assessment
Not upheld
The ASA understood the complainant believed the whole offer period was sold out. We noted that was not the case but we understood, however, that availability for the break to be taken over a weekend was sold out. Because we had seen evidence that a number of dates remained available throughout the remainder of the offer period, we considered that kgb had reasonably estimated demand for the promotion and that they were capable of meeting that demand. We therefore concluded the promotion did not breach the Code.
We investigated the promotion under CAP Code (Edition 12) rules 3.27 (Availability) and 8.9 (Sales promotion - Availability) but did not find it in breach.
Action
No further action necessary.
