ASA Adjudication on kgb (UK) Ltd
kgb (UK) Ltd
Sterling House
Malthouse Avenue
Cardiff Gate Business Centre
Cardiff
CF23 8RA
Date:
22 August 2012
Media:
Internet (sales promotion)
Sector:
Leisure
Number of complaints:
1
Complaint Ref:
A12-196003
Background
Summary of Council decision:
Two issues were investigated both of which were Upheld.
Ad
Claims on the deals website www.kgbdeals.co.uk, featured the headline "7-nt Canary Islands for up to 6". Text within the body copy stated "£189 for a seven-night luxury villa stay in Gran Canaria for up to six people ... ". Text beneath the sub heading 'need to know' stated "Save up to 81% on a Canary Island villa retreat for up to six people". Text beneath the 'what & why' heading stated "For just £189, you can relax in a luxurious villa, with up to five of your nearest and dearest at the Club Puerto Atlantico on the stunning island of Gran Canaria. It's the perfect way to escape the daily stresses of life, plus you'll also get 12 meal vouchers for both adults and children alike ... ".
Issue
1. The complainant challenged whether the ad was misleading, because it did not make clear that the advertised price was not for a villa for up to six, but rather was for a studio or one-bedroom apartment only.
2. The complainant also challenged whether the ad misleadingly implied that villas for up to six people were available at Club Puerto Atlantico, because they were informed they were not.
CAP Code (Edition 12)
Response
1. & 2. kgb said the merchant had used the term 'villa' as a generic term to describe a studio, one- or two-bedroom apartments or a villa for up to six people. They said the type of accommodation that was to be available to customers was dependant on the number of persons in the party. They also said the merchant had not been able to provide evidence to demonstrate that villas for up to six people were available at Club Puerto Atlantico. However, they provided evidence that accommodation for up to six people was available at Club Puerto Atlantico in the form of a two-bedroom apartment.
Assessment
1. Upheld
The ASA acknowledged that the term villa had been used as a generic term for a number of accommodation options. However, we noted the ad stated "£189 for a seven-night luxury villa stay in Gran Canaria for up to six people". In that context, we considered consumers would understand the ad to mean that six people could stay for seven nights in a luxury villa for £189. Because we had not seen evidence to demonstrate that, we concluded that the ad breached the Code.
On this point, the ad breached CAP Code (Edition 12) rules 3.1, 3.3 (Misleading advertising), 3.7 (Substantiation) and 3.17 (Prices).
2. Upheld
We noted the ad made repeated references to a villa for up to six people. We were therefore concerned that we had not seen evidence to demonstrate that a villa for up to six people was available at Club Puerto Atlantico. We were also concerned that evidence which demonstrated that accommodation for up to six people was available at Club Puerto Atlantico in the form of a two-bedroom apartment was not sufficient to substantiate the claim that villas for up to six people were available at Club Puerto Atlantico. On that basis, we concluded that the ad was misleading.
On this point, the ad breached CAP Code (Edition 12) rules 3.1, 3.3 (Misleading advertising) and 3.7 (Substantiation).
Action
The ad must not appear again in future. We told kgb to ensure future claims were not likely to mislead consumers as to the details of the advertised promotion.
