A class-action lawsuit application has been filed in Quebec Superior Court against travel agencies and vacation-package companies for allegedly failing to honour advertised prices. The application seeks compensatory and punitive damages for Quebecers who made a reservation on one of the defendants’ websites on or around Sept. 1, but whose price later increased or whose reservation was cancelled due to a pricing error. The lawsuit, obtained by CTV News, names Air Canada Vacations, Air Transat Vacations, Sunwing Vacations, WestJet Vacations, Voyages Bergeron and Voyages à Rabais. The Montreal law firm handling the class-action lawsuit, Lambert Avocats, told CTV News that the defendants named in the lawsuit failed to comply with provisions of Quebec’s Civil Code and Consumer Protection Act, which protect consumers from potentially harmful practices by merchants. “When purchasing a travel package from a travel agency or a package provider, the consumer enters into a duly formed contract at a distance with the merchant,” the law firm said. “The merchant’s principal obligation is to deliver the good or provide the service provided for in the contract. Moreover, it is also provided that the good or service must conform to the description made of it, whether in the contract, in a statement or in an advertisement. Thus, no merchant, manufacturer or advertiser may make a false or misleading representation to the consumer.” The law firm told CTV News that the class action follows a complaint from a Quebecer who alleged had booked a trip on the Voyages Bergeron website for an all-inclusive package to Mexico, with flights operated by Air Transat, for approximately $700. The person says they booked the trip, received confirmation of the purchase, but the reservation was cancelled that same evening. This prompted the person to discover that other Quebecers had experienced similar situations, leading them to initiate legal proceedings. CTV News contacted the defendants of the proposed class-action lawsuit for comment but did not hear back in time for publication. The amount of compensatory and punitive damages has yet to be determined. Quebecers who meet the criteria of the proposed class-action lawsuit are automatically enrolled, according to the law firm. Individuals are encouraged to reach out to the law firm to share their experience.
