Mihoubi v. Kayak Software Corporation

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.

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 17th, 2017 and December 16th, 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.

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.

By March 11th, 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.

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 Administrator’s website at https://conciliainc.com/kayak.

You can also ask questions by contacting the Administrator directly by email at [email protected].