Ad description
Two national press ads promoted hotel stays in the Isle of Wight:
a. The first, for the Sandringham Hotel, stated "25% off your holiday - Bed Breakfast and Dinner and FREE CAR FERRY ... www.isleofwightbrochure.co.uk - Use special code [code]".
b. The second, for the Albion Hotel, stated "25% off your holiday - Bed Breakfast & Dinner & Car Ferry ... www.isleofwightbrochure.co.uk - Use special code [code]".
Issue
The complainant, who understood that the advertised discount was only available on selected rooms at the hotels, challenged whether the claim "25% off your holiday" in ads (a) and (b) was misleading.
Response
Isle of Wight Hotels Ltd stated that they did not consider the ads misleading. They said that plenty of rooms were always available with the advertised discount, but acknowledged that some − the best rooms and suites − were not. They also said they had amended the ads several times since the complaint had been made, and provided copies of the latest versions. Those included text stating "up to 25% off your holiday!".
Assessment
Upheld
The ASA noted that the term "holiday" was qualified by text within the ads as being bed, breakfast, dinner and car ferry transport. We considered that, because of the lack of specified limitations, consumers would understand that the advertised offer of "25% off your holiday" applied to all holidays available from the Sandringham Hotel and the Albion Hotel. We also considered that the availability of the discount was material information likely impact upon a consumer's response to the ads. In order to ensure that the ads did not mislead, they should make clear the circumstances in which the 25% discount applied. We acknowledged that the latest version of the ads used the wording "up to 25% off your holiday", but considered that this continued to imply that some level of discount was available on all holidays from the two hotels. In the absence of information making clear what type of room qualified for the offer, we concluded that the claim "25% off your holiday" was misleading.
The ads breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
and
3.3
3.3
Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading advertising),
3.9
3.9
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
(Qualification) and
8.17
8.17
All marketing communications or other material referring to promotions must communicate all applicable significant conditions or information where the omission of such conditions or information is likely to mislead. Significant conditions or information may, depending on the circumstances, include:
and
8.17.1
8.17.1
How to participate
How to participate, including significant conditions and costs, and other major factors reasonably likely to influence consumers' decision or understanding about the promotion
(Significant conditions for promotions).
Action
The ads must not appear again in their current form. We told Isle of Wight Hotels Ltd to make clear which rooms qualified for the advertised discount.
