To realize significant additional benefits would have required being constantly on the move from hotel to numerous casinos and restaurants and museums. This representation is false. The representations found above are false because their natural tendency is to induce purchasers of the vacation package. Such representations are substantially as characterized in paragraph IV of the Complaint and would be so understood by persons of ordinary mind. Respondent makes much of the fact that Complainant at the time of the hearing had received only 185 complaints concerning subject promotion.
Disclaimers are ineffective to rebut misrepresentations.
A money-back guarantee is no defense to this kind of proceeding. Such expectations are encouraged by the misrepresentations made by Respondent in its solicitation and vacation certificate. Accordingly, a mail stop order in the form attached should be issued against Respondent.