Ad description
A website, www.ethiopiansairliness.co.uk, which did not represent the official Ethiopian Airlines, seen on 13 August 2016 stated “FLIGHT TO HARARE (ZIMBABWE) … Economy Class: London To Harare £505 Per Person”. An additional flight was priced at “£515 Per Person”.
Issue
The complainant, who could not book a flight at the advertised prices challenged whether the flights were available at the stated prices.
Response
Tickets House Ltd t/a Ethiopian Airlines Enterprise said that airlines categorised each type of service into multiple sub-classes which had differing prices. They said when the cheapest sub-class was sold out on a specific flight, the next applicable, more expensive price, would apply. Ethiopian Airlines Enterprise said a customer would be provided with the fare quoted on their website if it was available. If that fare was not available they said they would ask the customer if they could be flexible with their travelling dates and they would then provide another quote.
Ethiopian Airlines Enterprise said that at the bottom of each of their web pages, text clearly stated “Our website should not be considered a representation of the airline, it is to provide options for flights and promote sales worldwide. Fares are Subject To Availability”. They provided invoices which they said showed that they had sold tickets at the quoted fares at the time the ad was seen.
Assessment
Upheld
The ASA understood that Ethiopian Airlines Enterprise was an online travel agent (unconnected with the official Ethiopian Airlines) and therefore had less control over flight prices than if a flight was booked directly with the authorised airline. However, we considered the claims “FLIGHT TO HARARE … £505 Per Person” and “£515 Per Person” were likely to be understood by consumers to mean that, at the time the ad was seen, they could book a flight to Harare for the stated price(s) and that there would be no additional costs associated with those fights, unless they were for optional extras. We considered that if that was not the case, given the dynamic nature of flight prices, the possibility of fare changes, and information about limitations on availability, should have been made clear in a prominent statement, and by ensuring prices were described as “from £X”. We noted that was not the case. The ad also did not make clear that fares were indicative of the last updated price and also did not provide information on how consumers could find the most up to date price. In addition, the ad did not state when the most recent update was and Ethiopian Airlines Enterprise had not provided information to demonstrate that prices were updated frequently, or that the quoted prices were based on genuine fares which were available when they were last updated. We considered the invoices provided were not sufficient evidence that the quoted prices were genuine, particularly because they all post-dated the time the ad was seen.
We noted Ethiopian Airlines Enterprise’s assertion that their website stated that “Fares are Subject To Availability”. However, because that information was in small print at the end of each web page, we did not consider that the text was sufficiently prominent and was likely to be overlooked by consumers. Furthermore, for the reasons set out above we did not consider that information was sufficient to alert consumers to any limitations of availability to ensure they were not mislead by the pricing claims.
Finally, we noted that it was not clear from the ad whether the quoted prices included non-optional taxes, duties, fees or charges that applied to all or most buyers, as required by the CAP Code. Ethiopian Airlines Enterprise did not provide information to demonstrate that was the case, including in the invoices they provided.
For the reasons given we concluded the ad was misleading.
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), 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 3.17 3.17 Price statements must not mislead by omission, undue emphasis or distortion. They must relate to the product featured in the marketing communication. and 3.18 3.18 Quoted prices must include non-optional taxes, duties, fees and charges that apply to all or most buyers. However, VAT-exclusive prices may be given if all those to whom the price claim is clearly addressed pay no VAT or can recover VAT. Such VAT-exclusive prices must be accompanied by a prominent statement of the amount or rate of VAT payable. (Prices).
Action
The ad must not appear again in its current form. We told Ethiopian Airlines Enterprise to ensure in future that their prices were updated regularly, that they held evidence to demonstrate that advertised flight prices were based on genuine fares available at the time prices were last updated, that it should be made clear to consumers when that was and whether prices were subject to change. We told them to ensure that prices which are subject to change are described as ‘from’ fares. In addition, we told them to ensure that prices included all non-optional charges that applied to all or most buyers.
