Christina Spicer  |  January 31, 2020

Category: Legal News

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man using AirBnB website regarding double ticketing lawsuitA Vancouver man says that Airbnb’s practice of displaying two prices for an accommodation violates Canadian law in the recently certified double ticketing class action lawsuit.  

Lead plaintiff, Arthur Lin, alleges in his complaint that Airbnb regularly displays one lower price while users are searching for an accommodation on the popular vacation rental website, but then displays and charges a higher price when users select a property. The practice, allegedly called “double ticketing,” is a violation of Canada’s Competition Act.  

Lin says that when he attempted to book a room for a vacation in Japan through Airbnb, he looked at an accommodation through the website listed at $109 CAD a night; however, when he selected the listing, the price jumped to $122.14 CAD a night. The second figure includes cleaning and service fees, as well as taxes, according to the class action.  

The double ticketing class action lawsuit claims that the practice of displaying two different prices for an Airbnb accommodation violates section 54 of the Competition Act. CBC News reports indicates that violation of this section of the federal law is rarely invoked.  

Despite noting that the plaintiff may be entering into “uncharted territory” with regard to the application of the Act to Airbnb’s pricing policy, Justice Denis Gascon agreed to certify the class action lawsuit. 

Shooting down Airbnb’s contention that the prices reflect two different products, Justice Gascon noted in the order certifying the class that “I am satisfied, that when read in context, Mr. Lin’s statement of claim identifies one ‘product’ supplied by Airbnb, namely the accommodation booking services offered and supplied by Airbnb through its platform.” 

Airbnb argued against certification of the double ticketing class action lawsuit, contending that the first price reflects the cost of the accommodation provided by the owner, along with their cleaning fee, while the second price reflects Airbnb’s own service fees.  

In response, the lawyer for the plaintiff reportedly argued that simply adding the service fee does not make the booking separate products. The lawyer likened the concept to adding a wrapping fee to a fast-food hamburger on top of the price listed on the menu. 

The double ticketing class action lawsuit contends “The Plaintiff pleads that Airbnb’s conduct was high-handed, outrageous, reckless, wanton, entirely without care, deliberate, callous, disgraceful, willful, in disregard of the laws of competition and public order in Canada, in disregard of the Plaintiff’s rights and the rights of each Class Member, indifferent to the consequences and, as such, renders the Defendants liable to pay punitive damages.”  

The double ticketing class action lawsuit has been certified by a Canadian court to represent “all individuals residing in Canada who, on or after October 31, 2015, reserved an accommodation for anywhere in the world using Airbnb.”  

Do you feel that Airbnb’s alleged practice of charging a second higher rate is deceptive? Tell us what you think in the comments section below! 

The plaintiff is represented by Simon Lin Evolink Law Group and Jérémie John Martin and Sébastien A Paquette of Champlain Avocats.  

The Double Ticketing Class Action Lawsuit is Lin v. Airbnb, Inc., et al., Case No. T-1663-17 in Federal Court, Canada.  

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One thought on ‘Double Ticketing’ Class Action Lawsuit Against Airbnb Certified

  1. Diane says:

    I was making a booking in Feilding NZ and was charged a higher price than was originally shown. Plans are made at s certain price but when you book and the price is higher then that causes stress and almost made me lose my booking and spoil my vacation. I felt anger and disapountment. There’s so much to do without double ticketing ruining the fun of a vacation

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