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ASAI Code 7th Edition: 2.4(c), 4.1, 4.4, 5.5, 5.15(a), 5.15(b), 5.15(c), 5.15(d), 5.15(e)
A digital message displayed at the Cherrywood Luas station stated:
“Luas P+R Free Aug Hol”
The complainant considered that the offer text was misleading as it could be read that the Luas ride was also free. The complainant said that she had dropped off two under 18 year olds who were travelling into St. Stephen’s Green and they had viewed the offer. As they had never travelled on the Luas before, they interpreted the message as reading that the journey was free. They were subsequently fined by ticket inspectors for not having a valid ticket. The complainant said that as there was no park and ride facility at the Cherrywood stop she considered the offer text to be misleading.
The advertiser stated that the message on Luas infrastructure referred to the Luas Park and Ride being free for the Bank Holiday. They said that the accepted and universal name associated with these parking entities was Park and Ride (P+R). They said that costs or tariffs associated with the Luas Park and Ride were associated with parking, not riding the tram and they also said that it was clearly displayed in all communication material and Park and Ride sites.
In regards to the digital display they said that this had clearly referenced the Luas P+R was free for the Bank Holiday weekend and that the associated web message had clearly stated that it was the parking that was free and not the ride.
Finally, they said that the name of their parking entity would always be referred to as a Park and Ride facility.
The Complaints Committee considered the detail of the complaint and the advertisers’ response. The Committee noted that the advertiser had referred to other communications material in regards to the offer, however, such copy had not been provided with their response. On reviewing the advertising that was subject to the complaint, the Committee considered that it was feasible for a commuter who was not familiar with the Luas Park and Ride facility, to interpret the message that the ride was also free. The Committee also noted that the message had appeared at Luas stops that did not have a Park and Ride facility on site. In the absence of any clarification on the digital display the Committee considered that it was in breach of Sections 4.1, 4.4, 5.5 and 5.15 of the Code.
The advertising must not reappear in its current form.