Ad description
Claims on www.euroferries.co.uk, a ferry operator's website, stated "Euroferries announce commencement of 2013 cross channel service. Euroferries have entered into an agreement with Austal, securing the newly built 102m trimaran, which will be operating the high-speed service ... The 2013 service will comprise of 4 daily crossings and will cater for passengers, cars and luxury coaches ... Book now. Euroferries 2013 sailing schedule and fares currently being updated, bookings will be available shortly ... from £49 day return car +5. Berth to berth in just 75 minutes Ramsgate Boulogne ... For coach bookings please call Euroferries Office on 0844 XXX XXXX or email [email protected]". Small print below stated "Fares quoted are based on specific days and are subject to limited space availability. Terms and conditions apply".
Further text stated "... Dedicated Euroferries terminals in Ramsgate & Boulogne include 'tax paid' shopping areas, restaurants and waiting lounge facilities ..." and "... Euroferries offers you the opportunity to arrive at either of its Ports facilities without having to encounter the stress associated with large amounts of traffic. After check-in, relax in our lounge and take some time to browse the tax free shopping and cafe before boarding for your destination ...".
Issue
The complainant challenged whether the claims about the service were misleading and could be substantiated, because he understood that the agreement with Austal had fallen through and the service was not going ahead.
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 noted that the website stated that the service would commence in 2013 and that "bookings will be available shortly". However, we considered that the website also gave the impression that bookings were being taken and that the service was available where it stated "Book now ... from £49 day return car +5 ... For coach bookings please call Euroferries Office on 0844 XXX XXXX or email [email protected] ... Fares quoted are based on specific days and are subject to limited space availability. Terms and conditions apply". We also noted that the website referred to "Dedicated Euroferries terminals in Ramsgate & Boulogne" which added to the impression that the service was available or would become available shortly.
Because we had not seen evidence that the service was running or would commence shortly and before the end of the year, we concluded that the claims about the service had not been substantiated and were misleading.
The website 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), 3.28 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 3.28.2 3.28.2 if the marketer does not intend to fulfil orders, for example, because the purpose of the marketing communication is to assess potential demand, the marketing communication must make that clear (Availability).
Action
The website must not appear again in its current form. We told Euroferries to ensure that they did not advertise a service that was not available. We referred the matter to CAP's Compliance team.
