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500-06-001041-207 – Accor SA – Online Accommodation Reservation

Mihoubi v. Accor SA

Deadline to file a claim:

12/13/2023

Potential Individual Reward:

$50 with proof of purchase

$12 without proof of purchase

Total Settlement Amount:

$3 million

Nationwide

Mihoubi v. Accor SA

NOTICE OF HEARING FOR THE APPROVAL OF A

SETTLEMENT AGREEMENT WITH ACCOR SA

Chafik Mihoubi v. Accor SA et al.

No 500‑06‑001041‑207

PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR RIGHTS

Settlement Agreement

Plaintiff has entered into a Settlement Agreement (the “Agreement”) with Defendant, Accor SA (“Accor”).

On July 17, 2024, the Court approved the content and distribution method of this notice. This is the only notice that will be published to announce the settlement reached by the Plaintiff and Accor.

The Agreement provides in particular for the payment of a total sum of $297,649.84 for the benefit of all consumers residing in the province of Quebec at the time of their reservation, who, between January 27, 2017, and September 12, 2023, booked accommodation with Accor on its website or mobile application and that did not opt out from this action.

The full text of the Agreement is available on the website of Trudel Johnston & Lespérance (“TJL”), plaintiff’s attorneys:
https://tjl.quebec/en/class-actions/online-accomodation-reservation/.

Approval of the Agreement by the Court

For the Agreement to be valid, an application for approval of the Agreement will be presented before the Honorable Justice Martin F. Sheehan of the Superior Court on  October 9, 2024 at 9h15 in room 17.09 of the Montreal Courthouse. It will be possible to attend the hearing virtually at the following link: Microsoft Teams Link -Room 17.09

The date and time of the hearing may be changed by the Court. In that case, an update will be posted on the TJL website:
https://tjl.quebec/en/class-actions/online-accomodation-reservation/.

Objection to Agreement

Class members have the right to object to the Agreement. A class member will remain a class member whether or not they object to the Agreement. If the Settlement is approved by the Court, all class members will lose all rights to sue Accor for displaying the price for an accommodation reservation on its website between January 27, 2017 and September 12, 2023.

If you wish to object to the Agreement, you must send a written objection no later than September 30, 2024 by email to TJL at info@tjl.quebec or by fax at 514‑871‑8800.

TJL will provide the Court with a copy of all objections received within five (5) days of their reception and at the latest on September 30, 2024. No opposition will be possible after this date. A written objection must be signed and must include:/

  • your name, address, email and telephone number;
  • a statement that, between January 27, 2017, and September 12, 2023, you booked accommodation with Accor on its website or mobile application;
  • a brief statement of the reasons for your objection; and
  • if you intend to attend the hearing in person or through a lawyer. In the latter case, you must provide the name, address, email address and telephone number of the lawyer.

Class members who do not object to the proposed Agreement do not need to attend the Settlement Agreement approval hearing or take any other action at this time.

 

Right to opt out for members having booked an accommodation between May 13, 2022 and September 12, 2023

  • If you do not take any action, you will be a member of the class action and will be bound by any judgment rendered in this case.
  • If you do not wish to be a member of the class for any reason, you may opt out from the class.
  • If you opt out, you will not be entitled to any compensation if a favourable judgment or settlement is reached in this action.
  • You have until September 30, 2024 to opt out of the class.

 

To opt out, you must send a letter to this effect to the clerk of the Superior Court of Quebec, indicating the court number 500-06-001041-207 :

Greffe de la Cour supérieure du Québec
1, rue Notre-Dame Est
Montréal (Québec) H2Y 1B6

The text should be simple but clearly indicate your intention (for example, “I hereby exclude myself from the class action bearing number 500-06-001041-207).

Counsel for the plaintiff request that a copy of this letter also be sent to them by email or by regular mail at the following address:

Trudel Johnston & Lespérance
750, Côte de la Place d’Armes, bureau 90
Montréal (Québec) H2Y 2X8
info@tjl.quebec

Making a claim

If you are a Settlement Class Member, and if the settlement is approved by the Court, you may be entitled to receive a payment of 75% of the mandatory fees paid to Accor when booking accommodation with Accor on its website or mobile application between January 27, 2017, and September 12, 2023. The reimbursement would be provided by Interac e-transfer directly to the email address in Accor’s files.

Once the settlement is approved you will receive an email from the Claims Administrator confirming said approval. If you do not receive any email, you may directly contact the Claims Administrator, Services Concilia Inc. at accsupport@conciliainc.com or at 1-888-770-6892. If you are eligible and wish to receive the payment by Interac e-transfer, you do not have to do anything.

If you wish to modify the email address on file, or if you prefer to receive payment by cheque via postal mail, after receiving the email from the Claims Administrator, you will have 30 days to notify them.

All relevant settlement documents and the process to follow will be posted on the Claims Administrator’s website at https://quebecreservationsettlement.ca/.

Questions

You can contact the lawyers of Mr. Chafik Mihoubi, the Plaintiff, at the following coordinates:

For more information on the class action:

Please visit the webpage dedicated to this class action on the class counsel’s website: https://www.lexgroup.ca/classaction/mgm-resorts-international-data-breach-quebec-class-action/ or contact the class counsel at the following coordinates (your name and any information provided will be kept confidential):

Lex Group Inc.

Questions

750 Côte de la Place d’Armes, Suite 90
Montréal (Québec) H2Y 2X8
Toll-free: 1 844-588-8385
Fax: 514-871-8800
E-mail: info@tjl.quebec

5215 Berri Street, Suite 102
Montréal (Québec) H2J 2S4
Telephone: 514-866-5599
E-mail: info@grenierverbauwhede.ca

Questions

For assistance, you may contact the Claims Administrator or class counsel:

Concilia
Lex Group Inc.

Frequently Asked Questions

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500-06-001041-207 – Accor SA – Online Accommodation Reservation