Travel

The price explainer on the advertisers’ website describes the differences between each fare and what benefits are included at each rate.

The Standard fare listing stated:

Amendments (on booking)
Free
Up to 2 weeks before outward sailing
20€ amendment fee thereafter
An extra 10€ service charge will apply if you choose to make the amendment through our contact centre, where the amendment could have been made on our website.

Cancellation fees (before outward sailing)
No Refund – Less than 15 days
25% refund (voucher) – 15-59 days

Payment required (at booking)
Full payment – If booking is less than 60 days before travel
75% Deposit – Non-refundable

The complainant considered the advertising misleading as the description of the standard fare they had booked stated that amendments were free. However, upon making amends to their booking in advance of the two-week timeframe specified in the advertisement, they incurred a charge.

The advertisers stated that the complainant had not provided ASA with complete and accurate information. They advised that their fare terms and conditions were available online and had clearly outlined the amendment policies and fees for each fare type (Early Bird, Standard, and Flexi). A link to them was provided to the Executive.

They advised that the complainant would have been informed by the call centre that the additional charge they incurred resulted from a higher fare associated with the amended booking compared to the original reservation.

The advertisers stated that the information sent to the Executive by the customer was an incomplete screen grab of what was actually contained in their amendment conditions for their various ticket types.

They provided the Executive with a table that appeared in their terms and conditions that explained the amendment policies and fees for each fare type, as well as the relevant time frames before departure. By way of example, for a standard booking, it stated that the amendment fee per booking was free up to 15 days prior to outward sailing and €20 per amendment less than 15 days before and after outward sailing. It further stated that where a decrease in ticket price occurred because of an amendment, standard booking customers were entitled to a refund by voucher up to 15 days prior to outward sailing. It stated that no refund would be issued if the amendment was made less than 15 days before and after outward sailing.

Additional conditions below the table stated that an extra charge would apply if the customer chose to make the amendment through their contact centre where the amendment could have been made via their website. The conditions also stated that the customer would be liable to pay for any increase in the ticket price caused by their amendment.

The advertisers stated that all customers received these terms with their online booking confirmations and agreed to them at the time of booking.

They stated that their terms and conditions were checked by their own legal team as well as by external solicitors to ensure they were understandable and complied with all relevant Irish and EU legislation.

Complaint Not-Upheld

The Complaints Council considered the detail of the complaint and the advertisers’ response.

The Complaints Council noted that as well as stating that amendments were free up to 2 weeks before sailing, the advertising had stated “€20 amendment fee thereafter”. They considered that reference to ‘Amendment’ related to the cost of changing a booking, not the underlying cost of the booking. They also noted that the full terms and conditions related to the standard fare were explained in the terms and conditions document which customers were required to accept as having been read in advance of payment. The Council noted these terms and considerations included the fact that on any amended booking, there might be a charge related to the fare difference between the original booking and the cost of the fare at the time of amendment or a refund if there was a decrease in the ticket price.

The Council considered that while additional clarity could be helpful, on balance, they did not consider the advertisement was in breach of the Code.

Action Required:
No further action required.