Ad description
Claims on www.weekendclubbing.co.uk, seen Wednesday 19 December 2012, stated "FRESHERS IS HERE!! AND TO CELEBRATE WE'VE DECIDED TO SPOIL YOU WITH 7 CLUBS WITH 1 TICKET!! WEEKENDCLUBBING.CO.UK ARE PROUD TO PRESENT OUR NEW WEEKLY FRIDAY NIGHT EVENT WITH ... £3 VODKA MIXER & BEERS WITH WRISTBAND! ... £7 FOR ENTRY TO THE 7 BIGGEST CLUBS IN LONDON ON A FRIDAY NIGHT!! THESE INCLUDE: *ZOO BAR *PICCADILLY INSTITUTE *STRAWBERRY MOONS *RUBY BLUE *BAR SOHO *VERVE *GEM. THE ONLY QUESTION IS CAN YOU MAKE IT THROUGH ALL 7 CLUBS?!". The website provided information about how and where to obtain tickets including "FROM ZOO BAR IN LEICESTER SQUARE ON THE NIGHT FOR £10!". Text continued "IF YOU BUY YOUR TICKET IN ADVANCE, BRING IT TO ZOO BAR AND EXCHANGE IT FOR A WRISTBAND! THIS IS YOUR 7 CLUB PASS FOR THE ENTIRE NIGHT! THIS WRISTBAND WILL ALLOW YOU ACCESS INTO ALL 7 CLUBS ALL NIGHT AND WILL GET YOU £3 VODKA MIXER & BEERS AT BAR!! ...THE DRESS CODE FOR THE NIGHT IS CASUAL SMART! ... EACH VENUE MANAGEMENT RETAIN THE RIGHT TO REFUSE ENTRY SO PLEASE DRESS APPROPRIATELY AND NOT TOO INTOXICATED!!!"
Issue
One complainant challenged whether the ad was misleading, because, having purchased a wristband, they maintained that they had only been given entry to one of the clubs, Zoo Bar, and had not been able to purchase drinks at the advertised prices.
Response
WeekendClubbing.co.uk said they had received a complaint directly from a customer who had not been happy with the service they had received. The advertisers expressed their regret and said they had apologised to the customer, provided a refund and offered a free night out, which had been accepted. They understood that other ticket holders had not incurred any problems.
They stated that, in order to obtain the drinks at the promotional price, customers had to show their wristbands at the bar and if they were not shown, they would not receive drinks at the promotional price. They said the purchase confirmation documentation also set out the venues which would allow entry and stated "M.R.R.A. (Management Reserve Right of Admission)". They explained that some venues might place restrictions on entry, such as to those who might appear to have drunk excessively.
They added that they had also made further amendments to the website, to ensure that it did not make claims likely to breach the CAP Code Alcohol rules and did not encourage excessive drinking.
Assessment
Upheld
The ASA noted that the ad stated 3 VODKA MIXER & BEERS WITH WRISTBAND!"; "£7 FOR ENTRY TO THE 7 BIGGEST CLUBS IN LONDON ON A FRIDAY NIGHT!! THESE INCLUDE: *ZOO BAR *PICCADILLY INSTITUTE *STRAWBERRY MOONS *RUBY BLUE *BAR SOHO *VERVE *GEM." and "THIS WRISTBAND WILL ALLOW YOU ACCESS INTO ALL 7 CLUBS ALL NIGHT AND WILL GET YOU £3 VODKA MIXER & BEERS AT BAR!!". In the absence of any additional qualifying information or terms, we considered that consumers would understand that the wristband would allow access to all the listed venues at no additional cost and that wristband holders would be able to purchase a vodka and mixer or a beer for £3 per drink in each of the venues.
We understood that the complainant maintained he had not been able to obtain free entry to the majority of the listed venues and had not been able to purchase drinks at the advertised promotional price. Although we acknowledged that the advertisers maintained they had taken action to compensate the complainant, because we had not seen evidence that the wristband had allowed entry to the Zoo Bar, Piccadilly Institute, Strawberry Moons, Ruby Blue, Bar Soho, Verve and Gem venues, nor evidence that drinks purchased at those venues, after showing the wristband, had been sold at the advertised promotional price, we concluded that the claims were likely to mislead.
The ad breached 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).
Action
The claims must not appear again in their current form. We told the advertisers to clarify any terms to an offer and to ensure they held supporting evidence for their advertising claims.
