The price you see vs the price you get: Lessons from ASA's TUI and easyJet rulings

The question

When does online price presentation become “misleading advertising” under the CAP Code, and what do the recent ASA rulings on TUI and easyJet indicate for platforms displaying dynamic or ancillary pricing?

The key takeaway

The ASA is taking a strict approach to price accuracy and substantiation. It expects the prices displayed to be based on genuine, evidenced availability, and where prices are supplied by third parties and subject to change, businesses should take reasonable steps to reduce the likelihood of consumers being misled by pricing that changes or ultimately becomes unavailable during the consumer's user journey.

The background

CAP Code section 3 sets out the overarching rules on misleading advertising, substantiation, and price presentation in UK non-broadcast marketing communications. It requires that marketing communications and price statements do not materially mislead consumers (by omission, undue emphasis, distortion, or otherwise), and that pricing claims are supported by documented evidence.

In January 2026, the Advertising Standards Authority (ASA) upheld complaints against TUI UK Ltd and easyJet regarding online price claims. Both decisions turned on how consumers understand price statements in digital journeys and the evidence advertisers must hold to substantiate “from” prices and discounts.

TUI: dynamic pricing, discounts and missing context

On TUI’s UK website, a listing for a Caesars Palace Las Vegas package showed “£1248.13pp” and “Total Price £2496.26”, with red print stating “Inc £187.74 Total Discount”, and a qualification that “Price may update at checkout based on availability. Local taxes may apply.” At the next stage, the price increased to £1608.44pp (total £3216.88), with messaging that the price had gone up by £722.62 due to updated third-party airline costs.

The ASA considered that consumers would understand the initial per person and total prices as the actual price payable at the time of viewing, reinforced by the apparent “total discount” claim, giving the impression of a static, genuinely discounted offer. TUI argued that their holidays combine dynamically priced third-party flights and accommodation, that prices are refreshed several times a day, and that a notification flags any increase before booking. They also explained that the “discount” reflected a difference between online and offline (in store) pricing.

The ASA found that, because flight data was not updated in real time, TUI should have made clear to consumers when the last price update had occurred and that prices were liable to change. The qualification “Price may update at checkout based on availability” was insufficient to counter the overall impression of a firm price and genuine discount.

Additionally, the ASA held that the discount claim was misleading. This was because the ad did not explain that the comparison was between online and offline prices, and it was unclear how the reference price was calculated, given the frequent/dynamic price changes.

easyJet: “from £5.99” and substantiating ancillary fees

The “Fees and charges” page on easyJet’s website stated the following under the “Bags” heading: “Large cabin bag from £5.99”. Consumer protection group, Which?, challenged whether this “from” pricing claim was misleading and capable of substantiation. easyJet argued that £5.99 was the starting price across their network, and that individual bag prices vary by route, demand and operational cost.

The ASA considered that consumers would understand “From £5.99” to mean that large cabin bags were available to book at that price across a significant proportion of routes and dates. It therefore expected evidence, in the form of pricing and availability data, showing that bags could be booked at £5.99 across a range of flights and dates. easyJet could not provide specific data, and the ASA held that general assurances of availability were insufficient to substantiate the claim. Therefore, because the ASA had not seen sufficient evidence that large cabin bags were available at £5.99 across a range of routes and dates, the “from” claim was found misleading and in breach of the CAP Code.

Why is this important?

These rulings reinforce that marketers and advertisers – including large aggregators – are responsible for the accuracy of price information, even where prices are controlled or supplied by third parties. CAP guidance on working with third parties makes clear that marketers must take reasonable steps to reduce the likelihood of consumers being misled, for example by using “from” prices appropriately and indicating when prices were last updated.

More broadly, CAP Code section 3 requires that material information is not omitted and that comparative or “from” pricing is supported by robust data. The ASA’s willingness to find breaches where advertisers cannot produce detailed availability data for “from” prices is a clear signal that platforms must have defensible datasets and audit trails behind any price claims displayed to UK consumers.

Any practical tips?

• For platforms aggregating travel, retail or ancillary services, it will be important to map all touchpoints where prices or discounts are displayed and assess whether consumers are likely to interpret them as firm, bookable prices or merely indicative starting points.
• For dynamic or third‑party‑fed pricing, use clearly labelled “from” prices, disclose when prices were last updated and avoid any presentation suggesting a guaranteed fixed price or unqualified “total discount”.
• Third party pricing that changes regularly and/or dynamically should also be regularly refreshed and updated so as to minimise the risks of outdated pricing being displayed to consumers.
• Platforms should be able to substantiate all “from”, “up to” and discount claims with availability and pricing data showing that quoted prices apply across a significant proportion of relevant products, services or dates. This may require structured data retention, periodic sampling, and service level commitments with third party suppliers whose feeds power platform pricing.

Spring 2026