On November 24, 2017, the Dessau-Roßlau Regional Court ruled that a hotelier’s advertising using suns was anti-competitive (Ref.: 3 O 32/17). The suns were not an officially certified symbol. Nevertheless, it gave the consumer the impression that it was a certified hotel with „stars“.
Hotelier uses suns instead of stars for online advertising
A hotelier had advertised on his website with four sun symbols, which at a cursory glance could also be mistaken for stars. These were arranged horizontally in a row above the hotel’s lettering and name. Coincidentally, this was exactly where you would normally find a hotel’s star rating.
Hotel was not certified by DEHOGA and had no „official“ stars
However, the hotelier was not certified by the German Hotel and Restaurant Association (DEHOGA) and therefore not entitled to advertise as a „four-star hotel“. The industry association criticized the use of the star-like sun symbols and demanded a cease-and-desist declaration with a penalty clause.
The hotel operator did not comply with this request.
LG: Advertising with suns is misleading
The regional court ruled that the hotelier had advertised his hotel in an anti-competitive manner. The hotel was clearly prohibited from advertising with „stars“. However, advertising with suns was also not permitted.
The sun symbols gave the customer the impression that it was the usual official star rating for hotels. This was also supported by the placement and type of presentation on the website, as well as the fact that the suns could only be recognized as such on closer inspection.
Overall impression is decisive
In the end, the overall impression regularly decides whether an advertisement is to be classified as misleading or not. Hotel operators without corresponding star certification should therefore be careful where and how they use stars or similar symbols in their advertising.
Stars obtained on the basis of internet ratings should also be handled with care so as not to give consumers the wrong impression. If they are nevertheless used in advertising, clear labeling is always recommended.