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Wicked Travel Pty Ltd (Wicked Travel) is a retail travel agency that provides travel services to backpacker and budget travellers.
Between at least 25 May 2009 and 18 August 2009, Wicked Travel 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.
Wicked Travel acknowledges that certain advertisements were misleading or deceptive and breached sections 52 and 53(e) of the Trade Practices Act 1974 (the Act) because:
Wicked Travel did not disclose or make it clear that additional mandatory fees of $130 were payable on top of the advertised price of $299; and
the advertised price of $299 did not reflect the true total price of the package.
Wicked Travel 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.
Wicked Travel 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
implement a trade practices compliance program.
Image Blinds Pty Ltd (Image Blinds) sells made to measure blinds and awnings in South-East Queensland.
Between November 2007 and March 2009 Image Blinds conducted an advertising campaign in the Sunday Mail newspaper where it advertised certain products at discounts of “30% off”. From about July 2008 until March 2009, Image Blinds advertised discounts of “30% off” all its products.
While Image Blinds regularly changed the name of the sale (for example from ‘Christmas Sale’ to ‘Summer Sale’ to ‘Winter Sale’) throughout the Advertising Campaign, the purported discount remained the same and did not represent any special savings.
Image Blinds admits that:
The savings represented in the campaign were determined by reference to its own internal recommended retail prices, rather than the lower prices at which the products were generally sold.
The “30% off” discounts offered during the campaign did not accurately reflect actual savings available on the advertised products.
Image Blinds accepts that by engaging in this conduct it breached sections 52 and 53(e) of the Trade Practices Act 1974 (the Act).
Image Blinds 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 corrective notices on its website, in its retail store and in the Sunday Mail newspaper;
publish an information notice in a relevant industry magazine; and
implement and maintain a Trade Practices Compliance program for a period of three years.
Fang Long Tang Pty Ltd (Fang Long Tang) carries on business as an importer and wholesaler of a variety of goods, including homeware, kitchenware and elastic luggage straps.
In a section 87B undertaking accepted by the ACCC, Fang Long Tang acknowledges that it contravened section 65C(1)(a) of the Trade Practices Act 1974 by supplying 768 "Boboriyong" elastic luggage straps without a warning label as required by regulation 11C of the Trade Practices (Consumer Product Safety Standards) Regulations 1979.
The non-compliant products were supplied on or about 22 September 2008 to three discount stores in Brisbane operated by Direct Savings Pty Ltd, Direct Savings Stones Corner Pty Ltd and I-Life Factory Pty Ltd.
Under the court enforceable undertaking Fang Long Tang has agreed to ensure that each product it supplies complies with any relevant consumer product safety standard, and to implement a Trade Practices Compliance Program.