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Seanad Éireann debate -
Thursday, 10 Oct 1996

Vol. 148 No. 15

Adjournment Matters. - Special Flights Offer.

I welcome the Minister of State to the House. While I am aware he does not have direct responsibility for the matter I raise, I ask him to communicate it to his colleagues.

The matter which has been brought to my attention in recent weeks relates to a special exclusive offer by certain well known retailers. The retailers indicated that if customers collect a certain number of stamps they could avail of two reduced flight fares late this year or early next year to various European destinations and the US. I saw the glossy brochure outlining destinations with photographs of the Eiffel Tower in Paris, the Statue of Liberty in New York, the Coliseum in Rome, Amsterdam and Big Ben, in London, which is a favourite destination of mine. It sounds great.

However, the retailers have not told the full story. They obviously want to attract extra customers and people have started to collect these stamps on the basis that they will be able to travel. I am realistic enough to know when one is dealing with special offers, one cannot just literally turn up at the airport and fly to one's desired destination, but when a number of my constituents who had collected the stamps and planned trips to various destinations — one couple had planned to visit relatives in New York — tried to secure the flights they were given various excuses, such as that flights were unavailable or had not been reserved for that date. This is a shabby way to treat customers.

The front cover of the brochure states that this winter customers can fly from home or abroad to many more destinations and encourages customers to collect the stamps to avail of the offer. It states that when one shops at Quinnsworth, Crazy Prices or Lifestyle Sports, one can avail of this exclusive flight offer to 21 destinations but it does not tell the full story. I am concerned that if retailers use promotional tactics to encourage more business they should be willing to adhere to their part of the bargain. I appreciate that all flights may not be available at peak times and the conditions state that certain times of the year are not available, but some effort should be made to facilitate customers.

I have also spoken to people who either were unable to contact some of these companies or were given inadequate answers. I am sure when they go through the checkout having bought £10 or £20 worth of groceries they are not told there is a catch to the offer and they might wish to return a few items to the shelves. One woman filled her freezer to capacity with meat and fish products to speed up eligibility for the offer.

One of the points I ask the Minister to investigate is clause 12 of the offer, which states that various companies reserve the right to terminate this offer within the promotional period due to the non-availability of seats and that in such circumstances no liability will be accepted by any of them for non-redeemed stamps. There is a further clause which states that no cash or other alternative will be offered in lieu. As far as I am concerned, this is a deliberate abuse of customers' trust. If companies offer such prizes, they should be obliged to back up their offer as promised. I know there have not been problems with one company with whom people have travelled. However, if retailers publish glossy brochures, they should not be allowed to walk away from their responsibilities. It has been a distressing time for some individuals involved who, after going to considerable expense in liaising with family members in New York or European capitals and making arrangements for what is in some cases the trip of a lifetime, are then told that no flights are available. It is a matter which should be examined and investigated by the relevant Department. I ask the Minister to respond positively. Firms should not use the benefit of extra business to make offers they cannot honour. I ask the Minister to investigate the matter thoroughly and ensure the people concerned are not left with items which will be of historic value only.

The relevant legislation in this case is the European Communities (Misleading Advertising) Regulations, 1988. The regulations prohibit false or misleading claims made in advertisements. They also forbid the publication of any advertisement which is false or misleading and thereby likely to cause loss, damage or injury to members of the public. This legislation is enforced by the Director of Consumer Affairs. The director can go the High Court seeking an order restraining the continuance of an advertisement which is false or misleading.

The Office of the Director of Consumer Affairs has already carried out an investigation on the basis of a complaint about the promotion offered by one of the supermarket chains. They have not found any fault with the promotion offer.

In the case of the other supermarket which ran a very successful air travel promotion last year and is repeating it this year, the director has written asking it to confirm that its supply of seats will meet expected demand. A response is currently awaited. The documentation in the latter case makes it clear that, inter alia:

The air promotion is a limited offer and flights will only be available to what are termed qualifying customers on a first come first served basis;

Given the exceptional nature of the offer, customers' preferences for times and dates of flights cannot be guaranteed;

The offer relates to people flying to and from the same destination at the same time during the period 1 November 1996 to 23 March 1997;

The promoters of the offer reserve the right to terminate this offer within the promotional period due to unavailability of seats and, in such circumstances, no liability will be accepted by the promoters for unredeemed stamps or travel certificates.

Thus I strongly enjoin consumers to read very carefully the terms and conditions associated with such offers.

Finally, while we all agree our preference would be that grocery outlets competed on price rather than on promotions of this type, there is nothing intrinsically harmful in them. Such promotions appear popular with customers and have not given rise to consumer complaints.

As the Senator requested, I will see to it the various points he raised are brought to the attention of the relevant Minister.

I ask the Minister to have any complaints received fully investigated.

They will be referred to the Director of Consumer Affairs.

The Seanad adjourned at 4.5 p.m. until 2.30 p.m. on Wednesday, 16 October 1996.

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