Consumers May Have Claims Over Misleading Holiday Advertisements, Legal Expert Says

Passengers who believe they have been misled by holiday advertisements may have grounds for a claim, according to legal expert Dean Dunham.

He highlights that under the Consumer Rights Act 2015, services must be performed with reasonable care and skill and must match any claims made by the trader that influenced the booking decision. Promises made in brochures, such as those describing seats as 'generous' or a specific size, become part of the contract.

If the reality of the service falls significantly short of these advertised descriptions, consumers are entitled to a remedy, which could be a repeat performance or, more commonly, a price reduction reflecting the diminished value of the service.

Dunham also points to the Digital Markets, Competition and Consumers Act 2024 (DMCC). This legislation prohibits traders from providing false information or creating misleading overall impressions to encourage bookings. A specific, factual claim, such as seats being '32 per cent bigger than those on budget airlines,' if demonstrably untrue, could constitute a misleading action.

The Competition and Markets Authority (CMA), the regulator for the DMCC, has enforcement powers. In cases where the advertised luxury experience contrasts sharply with the actual discomfort experienced, such as cramped seating next to a toilet, these factors strengthen a consumer's claim.

To pursue a claim, consumers are advised to write to the company, citing the Consumer Rights Act 2015 and detailing the discrepancy between the brochure and the service received. Including photographic evidence of the seats, the location, and the relevant brochure page is recommended. A request for a partial refund proportionate to the discomfort experienced should be made.

If the company does not resolve the issue, consumers can escalate the matter by threatening to report it to the CMA for a potential breach of the DMCC. For those who paid by card, options such as a chargeback or a Section 75 claim, based on a breach of contract due to misleading information, may also be available.