The ASA has until now required travel agents to make clear the limited availability of the offer in an advert, and to hold evidence that sales have been made at the price advertised, creating a minefield for retailers that often see suppliers’ prices fluctuate.

The authority’s Committee of Advertising Practice says it recognises many agents no longer have fixed arrangements with suppliers and that prices available through online systems change at short notice.

It adds: “In a fast moving and dynamic market, there is no guarantee that fares or rates will still be available at the advertised price when consumers enquire about them.”

From August 8, new guidance on availability will apply, which should make life easier for the trade. From then, agents’ own websites can promote a price without retaining evidence of the quantities available, provided they fulfil two criteria: first, they must prove the price was available when rates were last updated. Updates must be frequent and the time of the update clear;
second, prices subject to change must be described as being “from”. It must be clear what consumers can do to find the most up to date price.

Newspaper and online ads have similar guidelines. Among them, marketers must prove that consumers could have bought at an advertised price at the time of promotion and in “reasonable” quantities – something that will be defined by individual cases.
They must also withdraw or amend an advert if they become aware that a price is no longer available.

Andy Cooper of Owens Cooper Consulting said the ASA was “applying a level of common sense” but added this was overdue: “We spent 30 years trying to explain this to the ASA and finally they listen. We used to have so much hassle over cards in agents’ windows because agents were never in control of the pricing.”

Cooper said the rule changes would probably not apply to in-house direct sales but Thomas Cook agencies selling Cook packages, for example, would be covered: “It’s a pretty reasonable and balanced approach.”

Abta was also supportive of the changes. A spokesperson said: “The new ASA guidance is very welcome as it recognises just how difficult it is for travel companies that are not in direct control of their suppliers’ prices to always accurately show prices in their advertising.”