Advertisment
A banner advertisement on the advertisers’ own website stated:
“Summer Sale
Book before May 31st for 10% OFF! Code SUMMER26”
Complaint
The complainant considered the advertisement misleading as no mention had been made on either the banner advertisement, or on the booking section of the website, that terms and conditions applied. The complainant attempted to book a Saturday night stay during August prior to May 31st, but noted that the promotional code was declined, however, they were able to book a Friday night stay.
Response
The advertisers acknowledged that when the promotion was initially published, the banner advertisement did not clearly state that additional terms and conditions applied. They recognised that this may have had the potential to create ambiguity for consumers.
They said that on receiving contact directly from a consumer, they amended the banner to make it clear that further terms and conditions applied. They also said that the promotion was honoured to the person in question. They believed that this corrective action was taken promptly to ensure that consumers had clearer information before making a booking decision. They provided a copy of the terms and conditions for the offer in question which they said were available to consumers on request but had not been displayed on their website. They advised that as the banner was no longer published, they were not in a position to provide a copy of the amended version, however, social media posts were available if required.
Further Information:
The terms and conditions stated:
• Offer valid for new bookings made between the promotion launch date and 31 May 2026
• Valid for stays during July and August 2026 only.
• To receive the discount, the promotional code SUMMER26 must be entered at the time of booking.
• The offer provides a 10% off the accommodation rate only and does not apply to extras or additional services unless otherwise stated.
• Offer is subject to availability and available on selected dates only.
• Cannot be used in conjunction with any other offer, promotion or discounted rate.
• The promotion is available for direct bookings only through the hotel’s website or reservations team.
• The discount cannot be applied retrospectively to existing bookings.
• Normal booking, payment, amendment and cancellation policies apply.
• The hotel reserves the right to amend or withdraw this offer at any time without prior notice.
The ASA Executive sourced a social media post from the advertisers’ Facebook page dated 27th May. The post included the statement:
“Book your July & August break with us before May 31st and receive 10% OFF. Use Code:
Summer26
Terms and conditions apply
Limited Availability.”
Conclusion
Conclusion:
The Complaints Council considered the detail of the complaint and the advertisers’ response.
The Council noted the requirements of the Code that the presentation of sales promotions and the associated publicity should not mislead consumers (S. 5.5); that the terms and conditions in which a promotion is presented should be clear, complete and easy for the consumer to understand (S 5.15) and that any terms or conditions, the effect of which is either to exclude some consumers from the opportunity to participate, or to impose requirements that are likely to affect a consumer’s decision whether or not to participate, should be clearly and prominently stated so as to be clear to the consumer before any commitment is made (S. 5.16). They also noted the requirement that the marketing communication should not mislead, or be likely to mislead, by inaccuracy, ambiguity, exaggeration, omission or otherwise (S. 4.1) and that advertisers should not exploit the credulity, inexperience or lack of knowledge of consumers (S. 4.4).
The Council noted that the advertisers had acted promptly on receipt of the complaint from the Executive. They considered that the impression created by the banner advertisement was that all bookings made before May 31st for the summer period would be discounted by 10% if using the promotional code. However, the banner advertisement had not stated that terms and conditions applied and that they were limited, nor were the terms and conditions available to consumers unless they specifically requested them. In the circumstances, the Council considered that the banner and the promotion in breach of Sections 4.1, 4.4, 5.5 and 5.16 of the Code.
Action Required:
Where terms and conditions apply to promotions, advertising should reference the fact. The advertising should include the most significant conditions or include a link where consumers could access the terms.
