Ad description
The website www.holne-chase.co.uk, for holiday rental accommodation, advertised the property Fisherman's Flat. Text stated "Fishermans [sic] Flat is situated in a wing of the main house, with its own private drive, parking and entrance. There are wonderful views across gardens to the valley beyond from the outside of the property and from the kitchen/dining area inside the flat".
Issue
A complainant challenged whether the claim "There are wonderful views across gardens to the valley beyond ... from the kitchen/dining area inside the flat" was misleading and could be substantiated.
Response
Holne Chase said there were two windows in the kitchen area. A larger window faced the back of the property and did not overlook the valley. However, the other window in the same room looked over the gardens and valley at the front of the property. They said that window was 47 inches from the kitchen floor. Holne Chase submitted photos of the interior and exterior of the property, including images of someone looking out of the front kitchen window and of the views from it, as well as a floor plan.
Assessment
Not upheld
The ASA noted that seven photos of the fisherman's flat appeared in the ad, one of which showed the kitchen from a perspective that included the larger of the two windows. We acknowledged the complainant had expected to be able to see the views described from that particular window. We also acknowledged the window that overlooked the gardens and valley at the front of the property was smaller and higher up but understood it was of both a suitable size and position to allow an adult to see through it when standing normally. We considered the ad did not imply the advertised views would be available from every position in the kitchen and dining area, or from the window shown, and that evidence submitted demonstrated that there were views "across gardens to the valley beyond … from the kitchen/dining area inside the flat". We therefore concluded the claim was not misleading.
We investigated the ad under CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation) but did not find it in breach.
Action
No further action necessary.
