NOTICE OF SETTLEMENT APPROVAL WITH KAYAK SOFTWARE CORPORATION

Approved by the Superior Court of Quebec

 Chafik Mihoubi v. Kayak Software Corporation et al.

No 500-06-001041-207

PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR RIGHTS

The Superior Court of Quebec has approved a Settlement and Transaction Agreement between the Plaintiff and Defendant KAYAK Software Corporation (“KAYAK”) and you may be entitled to an indemnity.

WHAT WAS THIS CLASS ACTION ABOUT?

The class action alleged that KAYAK (among other defendants) contravened the Consumer Protection Act by advertising prices that are lower than the price ultimately charged to consumers.

WHO CAN MAKE A CLAIM?

You may claim an indemnity if:

1. You are a natural person who did not make a reservation on behalf of a business;
2. You made a reservation for accommodation (facilitated by the Defendant KAYAK and powered by a third party) on the website kayak.com or on KAYAK’s mobile applications available on the Google Play store or Apple App Store, between January 17^th, 2017 and December 16^th, 2020;
3. At the time of this reservation, you resided in Quebec and were located in Québec;
4. You did not cancel this reservation; and
5. You paid a price higher than the price initially advertised, with the exception of fees payable under a federal or provincial law when, under this law, these fees must be collected directly from the consumer to be remitted to a public authority.

If you receive this notice directly by email, you may claim an indemnity.

WHAT SETTLEMENT HAS BEEN APPROVED?

KAYAK denies any fault. Without any admission of liability, KAYAK agreed to settle the litigation against it. The agreement includes the following key provisions:

• KAYAK will pay a lump sum of $40,527.
• An indemnity will be distributed to each member of the Class in cash (by Interac e-transfer).
• The net indemnity per member will be $10,70 per eligible reservation.
• KAYAK modified the price display on its website and mobile applications in Canada to indicate the total price of a reservation on the first screen displaying search results, without any admission of liability;
• As authorized by the Court, the class members’ attorneys will be receiving legal fees representing 25% of the lump sum, plus taxes and disbursements.

HOW DO I MAKE A CLAIM?

By March 11^th, 2025, the Administrator will send you an Interac e-Transfer to the email address to which this notice was sent, which you will need to accept within 30 days.

HOW CAN I KNOW MORE?

The full text of the agreement is available on the following website:

https://tjl.quebec/en/class-actions/online-accomodation-reservation/ .

For more information on the claims, please consult the documents section below.

You can also ask questions by emailing us directly at kayak@conciliainc.com.

WHO ARE CLASS COUNSEL?