Peter Pan’s Adventure Travel Pty Ltd (Peter Pan’s) is a retail travel agency that provides travel services to backpacker and budget travellers.
Between at least 25 May 2009 and 31 August 2009, Peter Pan’s caused advertisements for tour packages to be published in various backpacker magazines, on its website and on promotional flyers and signs that did not correctly reflect the full total price of the packages or properly state a single (total) price for the packages.
Peter Pan’s acknowledges that the publication, distribution and display of certain promotional material breached sections 52 and 53(e) of the Trade Practices Act 1974 (the Act) because:
the material failed to adequately disclose or make clear to consumers that costs were payable in addition to the advertised price; and
some flyers falsely advertised “Free” offers , when customers were required to pay additional costs to take up the offers.
Peter Pan’s also acknowledges that its advertisements breached section 53C of the Act because the advertisements did not:
specify a single (total) price for the tour package that included all additional mandatory charges quantifiable at the time; or
properly specify the single (total) price in a way that was at least as prominent as the most prominent component price advertised.
Peter Pan’s has ceased the conduct of concern and has offered the ACCC an undertaking under section 87B of the Act that it will:
not make any misleading price representations for a period of three years;
publish various corrective notices in backpacker magazines, in stores and on its website; and
