THE SETTLEMENT CLASS:
Every person residing in Quebec, who between August 22nd, 2014 and June 26th, 2019, while located in the province of Quebec, made a booking for anywhere in the world, for a purpose other than business travel, using Airbnb’s websites and/or mobile application and who paid a price higher than the price initially advertised by Airbnb (excluding the QST or the GST).
Under section 224 (c) of Quebec’s Consumer Protection Act, it is illegal for merchants to advertise fragmented prices on their website or mobile applications, and then add charges at checkout. The Plaintiff alleged that Airbnb violated Quebec law by showing consumers one price, but then adding 13% to 17% more on account of “Service Fees” at the last step (both on its mobile application and desktop website). Airbnb denies these allegations or that it violated the law. On June 26, 2019, Airbnb implemented a business practice change to display pricing for Accommodations inclusive of the applicable Guest Fees, on the search results page for dated searches to users accessing the Airbnb Platform from Quebec, resulting in pricing that is ‘all-inclusive’, except for taxes and optional costs or services.
WHAT THE SETTLEMENT PROVIDES:
Without any admission of liability, for the purpose of avoiding a trial and the additional costs and expenses related thereto, Airbnb agrees to:
1. Implement a business practice whereby the price advertised to a Quebec consumer on the Airbnb Platform (at the first step of browsing) for the booking of an accommodation offered by a third-party host, will represent a price including applicable service charges (all inclusive), excluding applicable taxes;
2. Remit to each group member eligible to receive reparation, a single redeemable credit of a value of up to CAD $45.00 each, depending on the total number of approved claims (a “Redeemable Credit”). Redeemable Credits may be used to book an accommodation offered by a third-party host on the Airbnb Platform in any location worldwide. Redeemable Credits are one-time use only, non-transferable, non-refundable, non cash-convertible, and cannot be combined with any other offer, discount or coupon. In order to be able to redeem a Redeemable Credit, an eligible group member must accept the most recent version of Airbnb’s Terms of Service and not be prohibited
from using the Airbnb Platform (in accordance with the Terms of Service). Once issued, a Redeemable Credit expires after twenty-four (24) months.
In exchange, group members (i) acknowledge that the foregoing is in full and complete settlement of the claims of the group members; and (ii) agree to give up any claims they have against Airbnb arising from the display of prices on the Airbnb Platform before the practice change was implemented, including claims advanced in the Class Action.
HOW TO QUALIFY FOR COMPENSATION:
You are a group member if you meet all of the following conditions:
1. If you are a Quebec resident;
2. If, between August 22, 2014 and June 26, 2019, you booked on the Airbnb Platform an accommodation offered by a third-party host, at a price above that displayed at the first stage of browsing (excluding the Quebec sales tax or the Goods and Services Tax);
3. If that booking was not made in relation to the operation of a business;.
AM I ELIGIBLE TO RECEIVE REPARATION ?
If you are a group member and between August 22, 2014 and June 26, 2019 you made a booking on the Airbnb Platform, for purposes other than business travel, you are eligible to receive a Redeemable Credit. Following the approval of the Settlement by the Superior Court of Quebec, as the case may be, you will receive a notice which will invite you to click on a hyperlink in order to claim a Redeemable Credit. You will have to click on the hyperlink so that the Redeemable Credit will automatically be issued to your Airbnb account. After the Claims Administrator processes all of the claims, the Redeemable Credit will automatically be applied to a future accommodation booking you make on the Airbnb Platform within twenty-four (24) months of issuance.
If you do not wish to be bound by this Settlement for any reason whatsoever, you must take steps to exclude yourself from the group, which will result in your exclusion from the Settlement.
Velvet Payments Class Action Services
5900 Andover Ave. Suite 1
LPC AVOCAT INC.
Me Joey Zukran
5800, Cavendish Blvd. Suite 411
Côte St-Luc (Québec)
Phone: (514) 379-1572