easyJet’s online sales promotion and radio ad fail to get clearance
Published: 16 Dec 2009
The Advertising Standards Authority (ASA) has banned easyjet’s online sales promotion and a radio ad for discounted flights.
The online sales promotion, which appeared on the Easyjet homepage and featured an image of an ice lolly, stated: “Up to 20% off every seat, every route, every day. Includes August summer holidays. Book by midnight Tuesday.” A booking enquiry form appeared next to the promotion.
The radio ad stated: “Easyjet is now offering 20% off all seats on flights from the 17th June to the 30th September. Including school holidays. That's 20% off every seat, every route, every day ... So book your seats now at easyjet.com. Sale must end midnight Tuesday, conditions apply.”
One complainant challenged whether ad was misleading, because the travel dates to which the promotion applied were not included in the ad. Another complainant challenged whether ad misleadingly implied that there was a reduction of 20% off all seats on all flights during the travel period stated as he understood the offer was 'up to' 20% off.
In one of its explanations, the airline stated that they operated a dynamic pricing structure and argued that the average consumer of airline travel would be aware that the price of an airline ticket was influenced by several factors, including proximity to the date of departure, the season, day and time of flight. Easyjet said the disclaimer, “Prices, although discounted, may rise during the promotional period”, was included on the first page customers were taken to after clicking on the online promotion. They referred to their response to point one. It also argued that the disclaimer for their non-broadcast marketing was inappropriate and unworkable for use in a 20-second radio ad because of its length and complexity.
For its part, the ASA concluded that ad was misleading and that the travel dates should have been included where the online promotion was introduced to the consumer on Easyjet’s homepage.
Regarding the radio ad campaign, the Authority mentioned that the phrase “Conditions apply” did not adequately explain or go far enough to alert customers to the pricing structure of the promotion, and concluded that ad was misleading.
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