2015 QCCQ 6338, 2015 QCCQ 6338

Adler c. Expedia Canada Corp. 2015 QCCQ 6338 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL «Civil Division» No: 500-32-137226-132 DATE: July 16, 2015 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE GIBBENS, J.C.Q. ______________________________________________________________________ Barry ADLER Plaintiff v. Expedia Canada Corp.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Barry Adler claims $1,873.95 from Expedia Canada Corp., doing business under the name of Expedia.ca (« Expedia »), following the purchase of a Caribbean cruise. He claims that he found the identical cruise at a lower price shortly after purchasing it and that Expedia should have reimbursed the amount claimed pursuant to its Best Price Guarantee. [ 2 ] Expedia filed a contestation to Mr.

Adler’s claim, but failed to appear at the hearing, despite having been duly convened and called. FACTUAL CONTEXT [ 3 ] On December 17, 2012, Mr. Adler purchased a one-week Caribbean cruise for himself, his wife and three children. He made the purchase online and paid $930.99 USD per person ($849 for the fare and $81.99 for taxes and fees), except for the youngest child, whose fare was free. The total purchase price was $3,805,95 USD. [1] [ 4 ] Later in the day on December 17, 2012, Mr.

Adler saw that the price of the cruise on Expedia.ca had dropped to $483 per person, in addition to taxes and fees. [2] On December 18, he made a claim on the Expedia.ca website for partial reimbursement of his cruise based on Expedia’s Best Price Guarantee. [ 5 ] On December 20, 2012, Mr.

Adler was advised by Expedia that his claim was ineligible to the Best Price Guarantee program because cruises are not covered by said guarantee. [3] The same day, he sent Expedia a letter of demand requesting payment by December 30, 2012 of $1,873.95 (representing what he claims to be the difference between the price paid for the cruise and the lower price advertised on Expedia.ca). [4] ANALYSIS [ 6 ] Even in the absence of Expedia at the hearing, the Court must be satisfied that Mr. Adler has met the burden of proving, on a balance of probabilities, the facts upon which his claim is based. [5] [ 7 ] Mr.

Adler has not established that the cruise he purchased was covered by Expedia’s Best Price Guarantee. [ 8 ] Pursuant to the terms of the guarantee as set out on the Expedia.ca website on December 17, 2012, [6] Expedia undertakes, should a purchaser find a cheaper identical trip within 24 hours of booking, to refund the difference in price and give the passenger a travel coupon for $50.00.

The website states, however, that: “ Expedia.ca’s Best Price Guarantee only applies to Hotel, Car Rental, Package and All-Inclusive Vacation products ” (our emphasis). [7] [ 9 ] On plain reading, the guarantee does not apply to cruises. Mr. Adler purchased a cruise and not a hotel, car rental, package or all-inclusive product. As such, his purchase was not covered by Expedia’s Best Price Guarantee. [ 10 ] Under the circumstances, the Court finds it appropriate not to grant costs in favour of Expedia. FOR THE REASONS, THE COURT: DISMISSES the action; WITHOUT costs.

__________________________________ DOMINIQUE GIBBENS, J.C.Q. Date of hearing: March16, 2015