UAB „GINTARINĖ SALA“ FINED FOR MISLEADING ADVERTISING

Having examined the findings of the completed investigation and having assessed the relevant evidence, the Competition Council at its meeting passed the resolution concerning the compliance with the requirements of Article 5 of the Law on Advertising of the actions of UAB Gintarinė sala.  The advertising of a trip to India posted in the website of UAB Gintarinė sala containing a statement to the effect of “Accommodation in 5* hotels“ was recognised to constitute misleading advertising. For the use of misleading advertising the company was subjected to a fine in the amount of LTL 7,500, and obligated to cease the use of the misleading advertising statements if they were still being used.

The investigation was initiated on the basis of a complaint lodged by a group of tourists who travelled to India and were incorrectly informed concerning the accommodation services in India. In the opinion of the applicant the advertising (published in September-October 2006) of the program for the trip „The Northern part of India“ and offering accommodation in 5-star hotels had affected their decisions with regard to the acquisition of the trip. However, during the trip the tourists were placed in other hotels, not all of them being 5-star.

In the course of the investigation the Competition Council established that UAB Gintarinė sala, that had been advertising the accommodation in 5-star hotels failed to produce any evidence that during the trip the tourists were accommodated in exactly 5-star hotels. The advertising provider produced the information about the hotels published in a number of internet websites and in which the tourisms were placed during the trip. However, the assessment of the same hotels in different websites ranged from 3-star to 5-star hotels, therefore such data cannot be considered as justifying the correctness of the statements used in the advertising of the trip.