The advertisement referred to the following:
Early Bird €13.95
Available Monday-Friday From 5pm to 7pm Excludes Bank Holidays”
The complainant said that she tried to book a table for a large group of people for a Friday evening and was informed that the early bird menu was only available Monday to Thursday. She considered the advertising to be misleading.
The advertisers said that the information on their website was mainly in relation to their restaurant in Dublin 2, where there was an early bird menu available Monday-Friday. They acknowledged that the Early Bird Menu was only available Monday-Thursday in their Rathfarnham restaurant and the complainant would have been made aware of this fact when she contacted the restaurant in Rathfarnham. The advertisers apologised for the misunderstanding which occurred.
The Secretariat noted that the advertisers’ website had been amended to reflect the fact that the Early Bird Menu is only available Monday-Thursday in the Rathfarnham restaurant.
The Complaints Committee considered the details of the complaint and the advertisers’ response. They noted that the website had been amended. They concluded, however, that the initial advertising complained of had breached the requirements of Section 2.22 and 2.24 of the Code.
As the website had been amended no further action was required in this case.