Background
Summary of Council decision:
Three issues were investigated of which two were Upheld and one was Not upheld.
Ad description
A brochure and e-mail for Travel for The Arts tour:
a. The brochure was headed "The Vienna Summer Palace Ball" and featured text which stated "Travel for the Arts is delighted to present a truly unique opportunity to attend the dazzling Viennese Summer Palace Ball. Our tour includes coveted tickets to the Ball with seating in a private 'Loge' in the main Ballroom". Further text stated "Tour Price includes ... ticket to the Viennese Concordia Summer Palace Ball with special seating in a 'loge', private dance practice session, restaurant guide and city notes, the services of our local representative or tour manager".
b. The e-mail was headed "Exclusive Invitation to the Vienna Summer Ball from Travel for the Arts". Text within the body copy stated "Travel for the Arts is delighted to present a truly unique opportunity to attend the dazzling Viennese Summer Palace Ball. Our tour from 13-16 June 2012 includes coveted tickets to the Ball with seating in a private 'Loge' in the main Ballroom". Further text stated "Tour price includes ... ticket to the Viennese Concordia Summer Palace Ball with special seating in a 'loge', private dance practice session, restaurant guides and city notes, the services of our local representative or tour manager".
Issue
Two complainants challenged whether:
1. the references to the Summer Palace Ball were misleading, because the ball was held in the Rathaus, which was a municipal building, not a Palace and the event was named locally as the Concordia Summer Ball, not the Summer Palace Ball;
2. the references to a private 'Loge' were misleading, because the 'Loge' was not private to the Travel for the Arts party; rather it had to be shared with an additional group of people; and
3. the claims that consumers would receive the benefits of Travel for the Arts' local representative or 'Tour Manager' were misleading, because the 'Tour Manager' they were allocated was not a dedicated Travel for the Arts employee, but a local contractor who brought her own clients to the 'loge'.
Response
1. Travel for the Arts (TFA) said the event was the major ball in the Vienna summer calendar and was held in a Palace. They believed the Rathaus, where the ball was held equated to a palace. They also pointed out that the brochure stated that the ball took place in the Rathaus and included photographs of the previous year's event in the same location. They said they did not refer to event as the Concordia Summer Ball, because it was a name not known outside Austria.
2. TFA said they did not advertise that the loge would be "private for the TFA party". They said the loge was described as "private" because each ticket-holder had exclusive access to their designated loge. However, they also said the ball organisers would not allow a group smaller than 16 to occupy a loge because, they "top up" loge occupancy to capacity by selling access to those on a waiting list.
3. TFA said it was unusual for a tour manager to be a permanent employee, rather Tour Managers were selected on a tour by tour basis. They said that for the tour in question they contracted a person from the UK who spoke German and had previous experience of leading tours to the ball. They explained that employees of another UK tour operator, known to the tour manager, but not clients, did share the selected loge at the ball.
Assessment
1. Upheld
The ASA noted the ads included photographs of the opening ceremony and ball from the previous year's event and that text within the body copy made clear that the ball would be held in the Rathaus. However, we noted the headline, in ad (a), and the opening sentence of the body copy, in ad (b), made reference to the Vienna Summer Palace Ball. We also noted the summarised itinerary, in ads (a) and (b), beneath the text "Tour price includes" made reference to the Viennese Concordia Summer Palace Ball. Furthermore, we understood that there were a number of palaces in Vienna. In that context, we considered consumers would understand the ad to mean that the event was held in a palace. Because it was not, we considered the reference to a Summer Palace Ball was likely to mislead.
On that basis, we concluded the ad breached the Code.
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.
and
3.3
3.3
Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading advertising) and
3.11
3.11
Marketing communications must not mislead consumers by exaggerating the capability or performance of a product.
(Exaggeration).
2. Upheld
We considered consumers would understand the reference to a private loge in the main ballroom to mean that an area of the ballroom was reserved exclusively for members of the TFA tour group. However, we understood that the tour group shared the loge with non TFA-party members and that their loge could be filled with additional guests from a waiting list. We therefore considered the references to the private loge were likely to mislead and concluded that the ad breached the Code.
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.
and
3.3
3.3
Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading advertising) and
3.11
3.11
Marketing communications must not mislead consumers by exaggerating the capability or performance of a product.
(Exaggeration).
3. Not upheld
We acknowledged the complainants' concerns that their 'Tour Manager' was not a dedicated Travel for the Arts employee, but a local contractor who brought their own clients to the 'loge'. However, we considered consumers would understand the claim that they would benefit from the "services of our local representative or tour manager" to mean that they would be provided with the services of a local representative who had been contracted to guide the tour. Because we understood that that was the case, we considered the claim was not likely to mislead and therefore concluded that the ad did not breach the Code.
On this point, we investigated ads (a) and (b) under CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
and
3.3
3.3
Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading advertising) but did not find them in breach.
Action
The ads must not appear again in their current form. We told TFA to ensure claims were not likely to mislead in future.
