12/13/2023
$50 with proof of purchase
$12 without proof of purchase
$3 million
Plaintiff entered into a Settlement and Transaction Agreement (the “Agreement“) with Defendant KAYAK Software Corporation (“KAYAK“).
The Agreement applies to the members of the class defined as follows (the “Settlement Class“):
Consumers within the meaning of the Consumer Protection Act who:
This notice concerns you if you are a member of the Settlement Class defined above.
This notice also concerns you if you are a member of the class already authorized for the class action (the “Original Class“). You are a member of the Original Class if, while residing in Quebec, you booked accommodations over the Internet with KAYAK between January 27, 2017 and May 13, 2022, and paid a price higher than the initially advertised price, with the exception of any fees payable under federal or provincial law. A first notice was published on May 13, 2022 for members of the Original Class.
Not all members of the Original Class are part of the Settlement Class.
The Agreement provides for an indemnity to be distributed to each member of the Settlement Class. This indemnity will be distributed in cash (by Interac e-transfer).
The Agreement provides that the total amount payable by KAYAK will be CA$ 40,527. This amount includes Class counsel’s fees and disbursements and applicable taxes. Class counsel will ask the Court to approve fees of 25% of the total amount payable by KAYAK, plus applicable taxes.
After deduction of Class counsel fees of 25% (if approved by the Court), disbursements of Class counsel, and applicable taxes, the indemnities per member should be of approximately CA$10.28 per reservation.
The members of the Original Class who are not also members of the Settlement Class will not be bound by the Agreement and will not receive indemnities under the Agreement.
The above is a summary of the highlights of the Agreement. The full text of the Agreement is available on the website of Class counsel Trudel Johnston & Lespérance (“TJL”): https://tjl.quebec/en/class-actions/online-accomodation-reservation/.
For the Agreement to be valid, it must be approved by the Court. An application for approval of the Agreement will be presented before the Honourable Mr. Justice Martin F. Sheehan of the Superior Court on October 9, 2024 at 9:15 AM in room 17.09 of the Montréal Courthouse. It will be possible to attend the hearing virtually at the following link. The date and time of the hearing may be modified by the Court. In this case, an update will be posted on the TJL website: https://tjl.quebec/en/class-actions/online-accomodation-reservation/.
Both Original Class Members and Settlement Class Members have the right to object to and comment on the Agreement. A Settlement Class member will remain a Settlement Class member whether or not he or she objects to the Agreement. If the Agreement is approved by the Court, all Settlement Class members who receive compensation under the Agreement will lose any right to sue KAYAK regarding the advertisement of the price for reservations for accommodation on its website or mobile application between the dates indicated above in the description of the Settlement Class.
If you wish to object to or comment on the Agreement, you must send your objection or comment in writing no later than September 26, 2024 by e-mail to TJL at info@tjl.quebec or by fax to 514-871-8800. Your written submission must include:
TJL will provide KAYAK and the Court with a copy of the objections and comments received by September 26, 2024.
Members of the Original Class or Settlement Class who do not object to the Agreement and do not wish to comment on it need not appear at the hearing for approval of the Agreement or take any other action at this time.
If the Honourable Justice Martin F. Sheehan approves the Agreement, another notice will be published to inform you of the procedure and deadlines for choosing the method of distribution of your compensation.
You can contact the lawyers of Mr. Chafik Mihoubi, the representative plaintiff, at the following coordinates:
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):
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
For assistance, you may contact the Claims Administrator or class counsel: