Ad description
A magazine ad on 28 May 2011 stated “SELF-CATERING STUDIO APARTMENTS (pied-à-terre) in South Kensington, London SW7. Available nightly. Prices start from £45 p.p.p.n. Tel: 020 7590 6000 for brochure or visit website: www.astons-apartments.com”.
Issue
A complainant challenged whether the claim “Prices start from £45 p.p.p.n.” was misleading and could be substantiated, because upon contacting the advertiser he was told the offer was not available.
Response
Astons Apartments said the offer had been unavailable when the complainant contacted them because all accommodation at the advertised price had been booked. They did not provide evidence that any customers had been able to take up the offer at the advertised price.
Assessment
Upheld
The ASA noted Aston Apartments' statement that all accommodation at the advertised price was booked when the complainant enquired. However, we noted we had not received evidence that that was the case, or that the accommodation was available to anyone at that price. Because of that we considered the claim had not been substantiated and concluded the ad was misleading.
Investigated under CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. and 3.4.3 (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 3.18 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.
