Ad description
A radio ad for car servicing, heard on 1 March 2012, stated "Ever wonder why some garages call fixed price servicing 'fixed price', when prices aren't actually fixed? You know how it works, you bring your car in, somebody takes your keys, you come back hoping everything's fixed and then the fixed price bill arrives. But it wasn't fixed: this needs fixing, that needed fixing. The bill? Not fixed. At Toyota, we've got a national fixed price for servicing your vehicle. A fixed quote, with all the work you needed fixed, at a price fixed with you. Toyota fixed price servicing from only £99. For conditions visit yourtoyotaservice.co.uk, participating Toyota centres only."
Issue
The complainant challenged whether the ad was misleading because they understood that additional charges might apply if further work was required.
Response
Toyota (GB) plc maintained that the meaning of "fixed" and what was included within "a fixed price" were made clear in the ad. They pointed out that listeners were directed to the website for further information. They said the website provided a table showing the full range of Toyota vehicles, the servicing options available and the prices. They said it was clear from the website that there were three levels of service: 'intermediate', 'full' and 'full +', and they asserted that the reader could see what was included in each service option and what was not. They also maintained that it was clear from the website that customers might have to pay more for specific maintenance options, which were not included in the fixed price because Toyota could not know beforehand if a vehicle required such work. They added that the website contained a quotation tool that allowed customers to get a personalized quote for their vehicle including the service itself and any potential maintenance options. Furthermore they said they had a national fixed price for a number of wear and tear items, a table of which was also available on the website.
The Radio Advertising Clearance Centre (RACC) said they checked the validity of the offer and were satisfied that it was accurate. They believed the qualifying text, "for full terms and conditions visit toyota.co.uk" covered any additional items that might be required on some services.
Assessment
Upheld
The ASA noted that the ad compared Toyota with other garages who offered a service at a 'fixed price', which could actually increase if additional work was required, and implied that Toyota's fixed price was different. We noted from the website that additional costs could be incurred if non-standard maintenance work was required. We noted that Toyota believed the meaning of "fixed" and what was included within the "fixed price" were made clear in the ad. However, we considered that the ad had not made any reference to what was included in the fixed price apart from a reference to the website for further information. Because we considered that their "fixed" price was as subject to change as the other garages with which they were comparing themselves, we concluded that the ad was misleading.
The ad breached BCAP Code rules 3.1 3.1 Advertisements must not materially mislead or be likely to do so. (Misleading advertising), 3.9 3.9 Broadcasters must hold documentary evidence to prove claims that the audience is 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 Price statements must not mislead by omission, undue emphasis or distortion. They must relate to the product or service depicted in the advertisement. (Prices).
Action
The ad must not be broadcast again in its current form.
