Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Marketers of flight promotions should comply with the Sales Promotion Rules of the CAP Code. Broadly speaking, promoters should: avoid disappointing consumers (for example, by ensuring they can satisfy demand); allocate adequate resources to administering the promotion; be clear about how to participate (including costs, etc) and be honest about what exactly is on offer. A good rule of thumb is to include any factors likely to influence a consumer’s understanding of the offer. Promoters that have been unclear about what participants are being offered have fallen foul of the Code. The ASA has received hundreds of complaints about various travel promotions that have: exaggerated the benefit to participants (Associated Newspapers Ltd, 16 June 2004); been poorly administered; confused participants about their choice of destination and their chances of getting a long-haul or short-haul flight (Associated Newspapers Ltd, 27 August 2003); omitted key terms and conditions such as weekend supplements, hidden costs, the requirement to stay a weekend, restricted availability etc (Associated Newspapers Ltd and British Airways plc, 29 January 2003); or been unclear about clear whether the promoter was offering a prize or a gift (Independent Newspapers UK Ltd and American Airlines, 17 December 2003).
Promoters of complex propositions should endeavour to balance giving consumers enough information to make an informed judgement and keeping terms and conditions as simple as possible.
Promoters of “buy one, get one free” offers should bear in mind that they should not describe the second flight as ‘free’ if participants have to pay for taxes and charges to take advantage of the offer.
See Help Note on Travel Marketing and entry on ‘Travel Marketing: Pricing and Free Flights’.
Last modified : 27 July 2010