Guidance notes for travel agents advertising holidays

Window displays

Over the summer of 2002 Trading Standards Departments across the Northwest carried out a survey to assess the accuracy of holidays advertised in travel agents' windows. The results were appalling.

233 holiday offers were checked. A staggering 70% were incorrect. 36% of these were no longer available, 40% were available but were more expensive and 24% were available but were now cheaper.

It was found that most travel agents were not checking their adverts frequently enough. One travel agent even said that the adverts were normally checked every day but unfortunately the lady that does it was away on holiday!!

The major culprit for holidays being more expensive than advertised was found to be the travel agent for not including compulsory charges such as ticket on departure and security fees in the advertised price.

Any holiday offer advertised must be available and must be available at the advertised price..

Checking holiday availability

Did you know that it is a criminal offence to advertise a holiday that is no longer available?

As some Tour Operators alter the price of holidays daily (or even hourly!) according to supply and demand it may not be enough to just check the window offers every couple of days.

• You are advised to check holiday availability at least once a day.
• Offers should be removed as soon as it is known that the holiday is no longer available.
• There should be a system of recording checks and what actions have been taken.

In the event of an offence being committed, it will be up to the Courts to assess whether you have taken all reasonable steps to try and prevent the offence in the first place.

Ask yourself if the checks that you currently do are enough. Is there something that you could do that you don't do at present? Do you have documentary proof of when the checks were last done and by whom?

Remember - we only ask you to do what is reasonable. We don't expect you to check the adverts every hour. However given the pace at which tour operators change their prices we don't think that checking the adverts every morning is unreasonable.

Use of the term 'subject to availability' should not be relied upon as a safety net and is not an alternative to checking that your adverts are correct.

Misleading prices

Did you know that it is a criminal offence to give a false or misleading price for a holiday?

It sounds obvious but the price at which the holiday is advertised must be the price at which it is available. If a holiday is advertised in the window at £99 then a customer must be able to go on that holiday for £99 and not have to pay any additional non-optional charges.

• Compulsory charges for example, security fees and ticket on departure fees must be included in the advertised price.
• If the price of the holiday is dependent on the number of people occupying the accommodation, this information must be stated on the advert.

What about the small print?

All information about the terms and conditions and any additional charges that may be incurred must have equal prominence to the price displayed.

This information is not comprehensive, it is subject to periodic amendment and cannot be held to be an authoritative interpretation of the law. For more detailed information please contact us.

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