Ad description
A website for Travel Crew, www.travelcrew.co.uk, a retailer of flights and holidays, seen on 25 April 2024, had a search function which enabled consumers to search according to date and destination.
Issue
The complainant, who searched for flights from London to Buenos Aires and who was quoted a higher price than the one listed when they tried to book, challenged whether the listed prices were misleading.Response
Trav Expert Ltd t/a Travel Crew said their website was static and did not update in real time. They said their terms and conditions stated that the prices advertised were indicative and could change before booking was completed. They said prices were stated as “from” to indicate that the price advertised was a starting price for flights on that route but that availability changed rapidly and the starting price advertised might not be available when a customer tried to book.
Travel Crew said the advertised prices included taxes but that, depending on the airline and the flight chosen, additional fees and surcharges might apply. They said they aimed to provide clear information to consumers on those potential additional costs.
Assessment
Upheld
The ad listed search results for flights from several airlines to the destination chosen. Prices were advertised as “from” prices followed by the text “avg. return per person”. Prominent text directly underneath each price stated “Call Now” followed by a telephone number. A “terms and conditions” link appeared amongst other information in the footer of the web page. In the absence of any other explanatory information in the ad, the ASA considered consumers would expect to have a reasonable chance of purchasing the flights at the prices advertised.
We acknowledged that Travel Crew were an agent and did not provide flights directly themselves. Nevertheless, we considered they needed to hold evidence which showed that the prices advertised were genuine and not misleading. We had not seen that evidence. In addition, there was no information in the ad which stated explicitly that availability was limited and that prices were subject to change, nor was there anything to say when the advertised prices were last checked (therefore, how long since the prices were valid).
We also noted Travel Crew’s response that additional fees and surcharges might apply. The CAP Code stated that quoted prices must include non-optional taxes, duties, fees and charges that applied to all or most buyers. We considered therefore that the advertised prices must include all non-optional fees relevant to each airline and flight. It was not sufficient for information about such charges, or information about limited availability, when prices were last checked and that they were subject to change, to be stated on a separate page.
Because we had not seen evidence from Travel Crew that the prices advertised were genuine and included all non-optional fees and charges, and because the ad did not state when prices were last checked, that they were subject to change, and that availability was limited, we therefore concluded that the ad breached the Code.
The ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation), 3.9 and 3.10 (Qualification) and 3.17, 3.18 and 3.22 (Prices).
Action
We told Trav Expert Ltd t/a Travel Crew to ensure that they held evidence to show that advertised prices were genuine and included all non-optional taxes, duties, fees and charges that applied to all or most buyers. In addition, if availability was not updated in real time, they needed to ensure their ads stated prominently when prices were last checked, that availability was limited and that prices were subject to change.
CAP Code (Edition 12)
3.1 3.9 3.7 3.10 3.17 3.18 3.22
