Who: The Advertising Standards Authority (ASA) and On The Beach Ltd (On The Beach)
Where: United Kingdom
When: 5 November 2025
Law stated as at: 19 November 2025
What happened:
In August 2025, travel company, On The Beach, promoted free airport lounge access on TV and online for customers booking five-star package holidays. The TV ad stated “Be a booking hero and get free airport lounge access with On The Beach”, with on-screen conditions stated to include “Min 7-night package holidays” and “selected airports”. The company’s website featured similar messaging with clickable tiles and text stating “FREE lounge access *Terms apply” and “For full T&Cs, keep scrolling!”.
A complainant, who knew that there was a limit on the total number of free airport lounge passes available, challenged whether the ads omitted significant information and were therefore misleading.
On The Beach argued that the cap referred to the natural capacity limitations of airport lounges rather than any restrictions the company intended to impose. It provided data showing that approximately 93% of eligible bookings between February and August 2025 received free lounge access, and customers who did not receive such access were provided with a cash alternative. On The Beach also said that its terms and conditions explained that lounge passes were subject to capacity limitations.
The ASA found that consumers would understand from the ads that they would receive free lounge access if they made an eligible booking. Consumers would expect terms and conditions to apply, such as those highlighted in the TV ad, but none of the ads included the information that lounge passes were subject to availability due to capacity caps. While the terms and conditions on the website mentioned the limitation, consumers had to scroll to the bottom of the page and click an expandable heading to access them. The ASA therefore held that the applicable conditions were not prominently displayed.
The data provided by the advertiser revealed that while overall 93% of eligible bookings received lounge access, distribution was uneven throughout that time period. For example, in the first week of June 2025, approximately 44% of bookings did not receive access, falling to 3% the following week and rising to 13% in the third week. The ASA concluded that there was a significant chance of consumers missing out on the passes because of the cap.
The ASA ruled that the ads were misleading because they implied that consumers would receive free passes if they met stated conditions, whereas in reality, the cap meant that passes were limited, which was not clear from the ads.
Why this matters:
This ruling makes it clear that promotional offers must distinctly communicate material limitations upfront, not bury them in terms and conditions. Travel retailers running capacity-limited promotions should be particularly careful where availability fluctuates significantly. Businesses must prominently display availability restrictions across all advertising channels and ensure that robust evidence supports claims throughout the entire offer period.
