Ad description
a. An e-mail ad for Monarch Airlines, sent on 8 June 2011, stated "GUARANTEED £30 OFF ALL SUMMER RETURN FLIGHTS - Bigger discounts for June! Book by June 9th for flights till 31st October 2011 ... LAST CHANCE TO BOOK - OFFER ENDS MIDNIGHT THURSDAY!"
b. A second e-mail ad for Monarch Airlines, sent on 15 June 2011, stated "THE KING OF ALL SUMMER SALES - Millions of seats, huge reductions, no debit card fees ... £30 OFF ALL SUMMER RETURN FLIGHTS GUARANTEED - BOOK BY 16th JUNE 2011 - LAST CHANCE TO BOOK - OFFER ENDS MIDNIGHT THURSDAY!"
Issue
1. A recipient challenged whether the ads were misleading and implied an undue sense of urgency. He booked having received the 8 June e-mail but then found the discount was continued after the end date.
2. He also challenged whether the £30 discount was genuine because the price before, during and after the promotion was the same.
Response
1. Monarch Airlines (Monarch) said the 8 June e-mail (ad (a)) offered "£30 guaranteed off all summer return flights" and had a "book by" date of 9 June, which was stated in the e-mail. They said the second e-mail (ad (b)) offered a different, improved level of discount (an additional £10 off when the customer used the code "SUNSHINE"), which was stated in the ad, and gave a deadline of 16 June. Monarch believed that both e-mails were clear and not misleading. They said both e-mails linked through to the "offers" page on their website, where full terms and conditions of the promotions were given.
2. Monarch said the discounts were applied only during the promotional periods and would not have been applied either before the promotions began or after they ended. They said their base fares fluctuated, and so a fare could rise at any time. They said their terms and conditions during ad (a) stated: "Sale applies to online scheduled flight bookings only, not valid on charter flights. Discount refers to an increase in web discount of £15 off one ways (usually £5) and £30 off returns (usually £10). Discount varies by route and date. Prices quoted are each way inc taxes when booked as part of a return trip. Base fares may fluctuate in price during the promotional period according to demand".
Monarch said the terms and conditions during ad (b) stated, "Discount Code is only valid on new bookings, cannot be applied to existing bookings and is not valid if flights are subsequently changed. Only one Discount Code can be redeemed per booking. Discount appears as an extra fare discount in running total ... To redeem Discount Code enter it on the payment page".
Assessment
1. Upheld
The ASA noted that a week had elapsed between the two e-mail ads being sent and that, in each case, the ads stated that the offer would end the day after the e-mail was sent. We also noted, however, that, in the case of ad (a), the end date of the offer had been extended and was still available on 14 June 2011 (i.e, the day before e-mail ad (b) was sent). We noted Monarch Airline's explanation that the two offers were separate but considered that the terms of the offers were very similar. We considered consumers might infer, therefore, that the offer in ad (b) was simply an extension of the offer in ad (a) and that, in that context, the claim "LAST CHANCE TO BOOK - OFFER ENDS MIDNIGHT THURSDAY!" in ad (a) was misleading. Because of that, we concluded that the ads implied an undue sense of urgency and were misleading.
On this point ads (a) and (b) 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 3.31 3.31 Marketing communications must not falsely claim that the marketer is about to cease trading or move premises. They must not falsely state that a product, or the terms on which it is offered, will be available only for a very limited time to deprive consumers of the time or opportunity to make an informed choice. (Availability).
2. Upheld
To prove that the £30 discount was genuine, we considered Monarch needed to supply examples of transaction records that showed availability of the offer and which showed discount was not given before or after the two separate promotional periods. Because Monarch had not supplied that information, we concluded that the ads were misleading.
On this point ads (a) and (b) 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), 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. (Prices) and 3.31 3.31 Marketing communications must not falsely claim that the marketer is about to cease trading or move premises. They must not falsely state that a product, or the terms on which it is offered, will be available only for a very limited time to deprive consumers of the time or opportunity to make an informed choice. (Availability).
Action
The ads must not appear again in their current form.
