Case name:

Cheapoair (RSH Travel Inc.) COA and Illegal Fees Class Action

Quebec Superior Court file #:

500-06-001050-208

Violations:

RSH Tavel Inc. (doing business as Cheapoair and Onetravel) advertises and displays a price on its websites and mobile applications as the “Final Total Price” and processes its customers payments giving the impression that the “Final Total Price” displayed at the last step (the step where payment information is provided) is the one that they will charge. After the payment information is entered by the customer and processed, Cheapoair then sends its customers a “Booking Confirmation” by email again showing the same final/total price (i.e. the “Final Total Price” which it had previously indicated as final when accepting payment) as the “Total Charge”.

The issue is that Cheapoair then charges its customers more than the price that it had displayed as the “Final Total Price” and which it confirmed by email as the “Total Charge”. This practice is illegal as it contravenes consumer protection legislation in Quebec and across Canada, the Civil Code of Quebec and Canada’s Competition Act (ss. 52 and 54).

This class action seeks the reimbursement of the difference between the amounts that the Class members were charged and the price displayed on RSH’s platforms (including Cheapoair and Onetravel) as “Final” and in their Booking Confirmation emails as “Total Charge”, as well as punitive damages.

Proposed Class:

All legal and natural persons in Canada, who, since March 10, 2017, made a booking for anywhere in the world using any of RSH Travel Inc.s’ websites or mobile applications (including www.cheapoair.ca, www.cheapoair.com, www.Onetravel.ca and www.Onetravel.com) and who were charged a price higher than the price initially displayed as final and indicated as the Total Charge on their Booking Confirmation email.

Remedies Sought:

This class action seeks:

  1. Compensatory damages in the form of a reimbursement of the difference between the amounts that the Class members were charged and the price displayed on RSH’s platforms (such as Cheapoair) as “Final” and in their Booking Confirmation emails as “Total Charge;
  2. Punitive damages in the aggregate amount of $20 million; and
  3. Injunctive remedy so that RSH Travel Inc. (i.e. Cheapoair) is ordered to cease continuing to perpetrate the unfair, deceitful and illegal practice.

Status:

This class action was filed on March 10, 2020. The authorization hearing should take place within a year of filing.