Advertisment
A webpage on the advertisers’ website under the Accommodation tab set out the prices for the various accommodation types, including details of high and low season, and minimum stays.
A search on specific dates returned two listings which gave details of the accommodation and amenities and in the case of the Rooftop Safari Tent stated, “Prices start at: €170 for 2 nights (+€22.95 taxes and fees)” and in the case of the Buffalo Spirit Lodge stated that “Prices start at €260 for 2 nights (+35.10 taxes and fees”).
When the link to book was accessed, the full price was stated inclusive of VAT.
Complaint
The complainant queried whether the prices displayed should be inclusive of VAT.
Response
The advertisers expressed surprise that they were not allowed to display the price breakdown with the base rate and the VAT separately and believed they were compliant with the Code. The advertisers also queried if a listing of a price was commercial advertising as it was not part of an advertising campaign as such.
Conclusion
Complaint Upheld.
The Complaints Council considered the detail of the complaint and the advertisers’ response.
The Council noted the requirements of the Code that, except in marketing communications addressed primarily to the trade, prices quoted should normally include VAT and other taxes, duties or inescapable costs to the consumer. In this case, the Council noted that the prices advertised had been quoted exclusive of VAT. In the absence of evidence that the advertisement was directed at the trade, the Council considered the advertisement was directed at consumers and therefore, should have advertised prices inclusive of VAT. In the circumstances, the Council considered the advertising was in breach of Section 4.23 of the Code.
ACTION REQUIRED:
The advertisement must not reappear in its current form and all references to prices must be displayed inclusive of VAT.
