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