"When a brand sponsors/has gifted products but has no control of the content, we deem these as not advertising, as sponsorship is not covered by the CAP code."
Well, if this is true, then that is clearly a loophole. How do you establish whether there has been any kind of "control of the content"? Arrangements as to the content can easily be made organically, over the phone, with no incriminating paper trail. But most of all - a hefty bribe of exceptional treatment, Moet champagne and a gifted stay in the most expensive suite for a family of 6 surely
will determine (I.e.
'control') the content? Especially when you're talking about a vlogging family, who normally film everything they do, everywhere they go, therefore a hotel won't have to write an email with specific requirements to feature in the vlogs. The mere fact that they gift them the stay and the exceptional pampering will lead to a passionate advertising of the place. Really, ASA? Isn't there an 's' missing there?
That's not to say that it was a good judgement call on a 5-star hotel to reach out to a mostly teen audience.