Basic trade practices law has again had significant commercial consequences for an advertiser.
Flight Centre Limited will stop using its ‘Lowest Airfares Guaranteed’ slogan after the ACCC investigated the slogan claims.
The ACCC has accepted court-enforceable undertakings from Flight Centre, one of Australia’s largest travel agencies, which also includes
extensive corrective advertising.
"The ACCC believed the slogan indicated to customers that Flight
Centre’s airfares were guaranteed to be the lowest available, when this
was not always so", ACCC Chairman, Mr Graeme Samuel said. "The ACCC
received a number of customer complaints and considered the results of
its own limited airfares survey comparing prices from Flight Centre and
competing agencies".
In response, Flight Centre agreed to stop using the slogan for five
years in all its marketing material, including its newspaper and
television advertisements, its website and in-store advertisements.
It acknowledged in the undertaking that some consumers may have misunderstood the meaning of the slogan.
The ACCC also raised concerns with Flight Centre about a claim that
it used its ‘Global Buying Power’ to get better deals on airfares than
the deals generally available to other travel agents. The ACCC was
concerned that Flight Centre does not in fact have such power as it
does not generally buy airfares in bulk, but rather books airfares for
customers on an individual basis.
Flight Centre will not use the ‘Global Buying Power’ representation
in the future without giving prior notice to the ACCC. The notice will
allow the ACCC to investigate if the claim is in fact accurate before
it is used by Flight Centre.
Flight Centre agreed to a number of corrective steps aimed at
ensuring that its customers are disabused of any misunderstanding about
the meaning of either the ‘Lowest Airfares Guaranteed’ slogan or
‘Global Buying Power’ representation. It will:
- publish a total of 44 corrective notices in 11 major newspapers,
including The Daily Telegraph, Sydney Morning Herald and The
Australian, to be run over four weeks, and - display A-3 sized corrective notices in the front window of each of its 500 plus retail outlets continuously for four weeks.
