- The advertisement stated the water park was open Monday to Sunday, creating a clear expectation of daily access.
- A family booked based on that claim but found the park closed on Monday and Tuesday.
- The Advertising Regulatory Board ruled the claim misleading and ordered it to be withdrawn.
A family arrived at the Wild Coast Sun Resort expecting to spend their Monday at the Wild Waves Water Park. However, the gates were shut.
The park closes every Monday and Tuesday, a fact buried in the fine print of a website that elsewhere told them it was open seven days a week. South Africa’s advertising regulator has now ruled that Sun International misled consumers and ordered the claim to be pulled.
The complaint was lodged after a consumer booked accommodation at the Wild Coast Sun Resort, operated by Sun International, expecting to use the Wild Waves Water Park during a stay that ran from Sunday to Tuesday. The expectation arose from advertising material viewed on or about 25 March 2026.
Parties and background
The complainant relied on a screenshot of the resort’s advertising, which stated, “The Wild Waves Water Park will be open from Monday Sunday 09h00 17h00.” The same material only referenced a limited closure, stating, “Please note the WaterPark will be closed on the 19 and 20 of January 2026.”
The Directorate noted that the January closure notice was irrelevant to the complainant’s March booking period.
Upon arrival, the complainant discovered that the water park is, in fact, closed every Monday and Tuesday as part of its standard operating schedule. The complainant submitted that this information was not prominently disclosed during the booking process and resulted in unnecessary expense and disappointment.
Advertiser’s response and supporting material
Sun International confirmed that the water park operates on a set schedule and is closed on Mondays and Tuesdays. It argued that this information is available on its website and can be accessed via additional sections such as “Learn More.”
The advertiser submitted multiple documents in support of its position, including screenshots of its website, the water park operating schedule, correspondence with the complainant, and the booking confirmation.
In its internal material, the advertiser relied on what it referred to as Annexure A, which stated, “Important Information. The Wild Waves Water Park will be open Wednesday Friday 10h00 16h00 and Saturday Sunday 09h00 17h00.”
However, the Directorate noted that the advertiser did not explain where on the website this information appeared or how prominently it was displayed to consumers.
Conflicting information across the website
The Directorate identified multiple inconsistencies across the advertiser’s own platforms.
The complainant’s material, which the Directorate noted appears identical to the advertiser’s Annexure B, stated, “The Wild Waves Water Park will be open from Monday Sunday 09h00 17h00.”
Elsewhere on the website, an “Important Information” notice relating to Easter stated, “The Wild Waves Water Park will be open during our Special Easter Operating Hours 28 March to 7 April 2026, Monday Sunday 09h00 17h00.”
The same notice added, “The Wild Waves Water Park may be closed or close early due to private functions on an ad hoc basis.” The Directorate found that this wording did not communicate routine weekly closures.
The Directorate also examined the FAQ section of the website, which stated, “Closed on Mondays to Thursdays from the 18th Jan 2021 and only open on Friday Sunday at 10h00 16h00.” This information related to a different period and did not clearly inform consumers of the current operating schedule.
In addition, the Directorate considered an “Operating Hours” tile appearing at the bottom of the website, which said, “Wednesday Friday 10h00 16h00, Saturday Sunday 09h00 17h00, Closed Monday and Tuesday.” It was not clear whether this information was available at the time the complainant made the booking or whether it was added later.
Booking confirmation reinforces expectation
The Directorate placed weight on the booking confirmation sent to the complainant, which stated, “Hotel guests enjoy complimentary access to the Wild Waves Water Park at the Wild Coast Sun.”
The confirmation described the park as a key attraction but did not indicate that it would be closed on specific days during the complainant’s stay.
Application of the Code
The Advertising Regulatory Board considered Clause 4.2.1 of Section II of the Code of Advertising Practice, which provides, “Advertisements should not contain any statement or visual presentation which, directly or by implication, omission, ambiguity, inaccuracy, exaggerated claim or otherwise, is likely to mislead the consumer.”
It also considered Clause 16 of Section III, which deals with the availability of advertised products. The Directorate clarified that the case did not concern a non-existent product. It stated that the water park clearly exists, but that the issue was whether the advertising created an expectation of availability that did not reflect reality.
The Directorate’s findings
The Directorate accepted that information about closures would be material to consumers and held, “The Complainant’s expectation to have prominent notices to this effect appears reasonable.”
It found that the advertisement relied on by the complainant created a clear and misleading expectation, stating, “Given that the advertisement provided by the Complainant expressly states that the park will be open from Monday Sunday 09h00 17h00, the Directorate agrees that the advertisement created a misleading expectation.”
The Directorate further found that other information on the website did not resolve the issue, but instead created confusion. It stated, “At best, the Operating Hours notice contradicts this expectation, and in doing so creates ambiguity.”
Outcome and sanction
The Directorate concluded, “The Directorate therefore finds that the advertisement as provided by the Complainant was misleading and in breach of Clause 4.2.1 of Section II of the Code.”
It directed, “The Advertiser is therefore requested to withdraw or appropriately amend the advertisement that gave rise to this dispute.”
The advertiser must remove any suggestion that the water park is open Monday to Sunday unless this is accurate.
Members of the Advertising Regulatory Board have also been instructed not to accept advertising that creates the impression that the park would be open on a Monday or Tuesday.
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