Ad description
A national press ad, for flights, appeared on 16 December 2010. It was headlined “FLY RYANAIR one way from £7”. The ad included a map that showed Dublin as well as images of people who appeared to be in a bar, of streets and fireworks. Text below stated “DUBLIN. SAY HELLO, WAVE GOODBYE See ya later 2010! To be honest we here in Dublin aren’t that upset about waving goodbye to the past year but that doesn’t mean we won’t be celebrating its final few breaths in typical Irish fashion. There’s a good old knees-up to be had in the Irish capital as the Dublin New Year festival (30th Dec - 1st Jan) hosts free street entertainment along with an abundance of gigs dotted around the city. Say hello to the New Year in Dublin and come celebrate with us as we look forward to a new year with new beginnings. For more information on the New Years Festival, visit www.visitdublin.com. Small print stated “Book until midnight 16.12.10. Travel Jan - Mar. Subject to availability. Terms and conditions apply, see Ryanair.com for details. Fares exclude optional fees/charges. Flights from London (Gatwick & Stansted)”.
Issue
easyJet Airline Company Ltd challenged whether the ad misleadingly implied it was possible to travel to Dublin to celebrate New Year’s Eve from £7, whereas the small print stated that the advertised price was available for travel between January and March.
Response
Ryanair said the ad was run in co-operation with Tourism Ireland, who provided the text and image. They said they had been promoting Dublin’s New Year festival for four weeks prior to the time the ad appeared, at which time the travel period was extended from December 2010 to January to February 2011. They said however that had been missed during their sign-off process; however the relevant content had since been amended. Ryanair said it was not their intention to publish misleading advertising.
Tourism Ireland did not comment on the complaint.
Assessment
Upheld
The ASA noted the ad promoted New Year in Dublin. We considered, in the context of images that showed people who appeared to be in a bar, of streets and fireworks, and of the text “DUBLIN. SAY HELLO, WAVE GOODBYE See ya later 2010! To be honest we here in Dublin aren’t that upset about waving goodbye to the past year but that doesn’t mean we won’t be celebrating its final few breaths in typical Irish fashion. There’s a good old knees-up to be had in the Irish capital as the Dublin New Year festival (30th Dec - 1st Jan) ... Say hello to the New Year in Dublin ... as we look forward to a new year with new beginnings. For more information on the New Years Festival, visit www.visitdublin.com", consumers were likely to expect the promotional prices advertised to be relevant for travel to Dublin over the New Year period. We also considered, however, that the small print “Book until midnight 16.12.10. Travel Jan - Mar” contradicted that impression. We therefore concluded that the ad was misleading.
The ad breached CAP Code 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), 3.9 3.9 Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify. (Qualification) and 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).
Action
The ad must not appear again in its current form. We told Ryanair to ensure qualifying text did not contradict the overall impression of future ads.
