Ad description

A national press ad for Flamingo Land Resort Yorkshire featured the headline "DISCOVER THE UK'S ONLY COMBINED THEME PARK, ZOO AND HOLIDAY RESORT".

Issue

The complainant challenged whether the claim "THE UK'S ONLY COMBINED THEME PARK, ZOO AND HOLIDAY RESORT" was misleading and could be substantiated.

Response

Flamingo Land Ltd said they offered the only combined theme park, zoo and holiday resort in the UK. Flamingo Land was a totally integrated holiday resort, where the accommodation was connected to the theme park and guests were free to move about the whole site whether they were a day visitor or a holidaymaker.  They said the resort fully immersed guests within a holiday resort environment, complete with evening entertainment and catering.

They noted that Chessington World of Adventures (CWA) and Drayton Manor Park (DMP) also offered theme park, zoo and hotel facilities, but believed they could not be described as 'resorts' in the true sense of the word.  They said CWA had a hotel adjacent to the car park, but noted that this was outside of the theme park area. They believed the hotel and theme park/zoo were separate entities and the hotel was as likely to be used as a business commuter hotel as it was by a theme park guest.  They said DMP had a hotel on an adjacent site that operated externally, and the hotel was used by the general public, including business customers and golfers using the nearby golf course.

Assessment

Not upheld

The ASA was satisfied that Flamingo Land had conducted checks to assure themselves that of their UK competitors, CWA and DMP were the only ones with similar offerings in this regard.  We considered whether the fact that CWA and DMP both consisted of a theme park, zoo and other attractions, as well as a nearby hotel, negated Flamingo Land's claim to be the UK's only combined theme park, zoo and holiday resort.  We noted that Flamingo Land believed the term "holiday resort" reflected the experience that they offered to all guests, which they felt was unique and not necessarily a feature of what CWA, DMP or other attractions offered.   We understood that when staying in the hotels nearby to CWA and DMP, guests did not need to purchase a ticket to the theme park and zoo, which they did at Flamingo Land.  We considered that this degree of integration between the three elements described distinguished between Flamingo Land and other attractions.  We therefore concluded that 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),  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) and  3.38 3.38 Marketing communications that include a comparison with an unidentifiable competitor must not mislead, or be likely to mislead, the consumer. The elements of the comparison must not be selected to give the marketer an unrepresentative advantage.  (Other comparisons), but did not find it in breach.

Action

No further action necessary.

CAP Code (Edition 12)

3.1     3.38     3.7    


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