Ad description
A website, for a ferry operator, stated "Book with Euroferries.co.uk for a fast ferry to France! Euroferries is a high speed ferry operator between the ports of Ramsgate and Boulogne. With our wave piercing catamaran we provide the fastest crossing available of only 75 minutes. Travel across the channel has never been so easy; simply book online now to purchase your ticket ... Book now ... from £49 Berth to berth in just 75 minutes Ramsgate Boulogne".
Issue
The complainant, who saw the ad on 28 November and understood the service between Ramsgate and Boulogne had not yet started, challenged whether the website was misleading.
Response
Euroferries Ltd did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA was concerned by Euroferries Ltd's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their obligation to respond promptly to our enquiries and told them to do so in future.
We considered most readers would understand the claim "Book with Euroferries.co.uk for a fast ferry to France! Euroferries is a high speed ferry operator between the ports of Ramsgate and Boulogne. With our wave piercing catamaran we provide the fastest crossing available of only 75 minutes. Travel across the channel has never been so easy; simply book online now to purchase your ticket ... Book now ... from £49 Berth to berth in just 75 minutes Ramsgate Boulogne" to mean that the service between Ramsgate and Boulogne was available. In the absence of evidence to demonstrate that this was the case we considered the claim had not been substantiated and concluded that the ad was misleading.
The ad breached CAP Code (Edition 12) rules 1.7 (Unreasonable delay), 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) 3.28 3.28 Marketing communications that quote a price for a featured product must state any reasonable grounds the marketer has for believing that it might not be able to supply the advertised (or an equivalent) product at the advertised price within a reasonable period and in reasonable quantities. In particular: and 3.29 3.29 Marketers must monitor stocks. If a product becomes unavailable, marketers must, whenever possible, withdraw or amend marketing communications that feature that product. (Availability).
Action
The ad must not appear again in its current form. We referred the matter to CAP's Compliance team.
