What is this about?

Class action proceedings have been commenced in the Supreme Court of British Columbia, alleging various claims against Airbnb Ireland UC, Airbnb Inc., Airbnb Payments Inc., Airbnb Payments UK Ltd. (collectively the “Airbnb”), including trespass, conspiracy, interference with economic relations, and others with respect to properties listed on Airbnb websites without the property owners’ consent. Airbnb denies any unlawful conduct, wrongdoing or blame in respect of these allegations.

Who is included?

You are a class member in one of the class actions if you are either:

a) a resident of Canada who’s real property was listed and rented or licensed through one of Airbnb’s websites without your consent; or

b) a strata corporation or condominium corporation whose common property was used by persons having rented or licensed accommodation through one of Airbnb’s websites, without the strata or condominium corporation’s consent and in breach of applicable bylaws.

(collectively, the “Class Members”).

The Settlement

A national settlement has been reached to resolve these proposed class actions regarding the listing of properties on Airbnb websites without owners’ or strata or condominium corporations’ consent, subject to the approval of the courts in British Columbia. Airbnb will pay $500,000 in full and final settlement of all claims in these class actions. In making this payment, Airbnb does not admit any liability. The settlement amount is less the cost of notice, class counsel fees, any honouraria to the representative plaintiffs. There will be distribution to the Class Members.

Settlement and fee approval hearings

Hearings to consider approval of settlement and claimed counsel fees will be heard by the British Columbia Court in Vancouver on ____  . Class Counsel  will seek court approval of a class counsel fee of 30% of the Settlement Amount plus disbursements and applicable taxes.  Class Members who do not oppose the settlement or class counsel fee are not required to appear at the approval hearings or take any other action.

Opting out of Settlement

If you do not want to be legally bound by the settlement, you must opt out. To do so, you must complete and submit an Opt-Out Form to Class Counsel by no later than _______. The manner in  which you opt-out is available on the Opt-Out form found on the Settlement Website. Anyone  who opts out cannot object to the settlement, will not be bound by the settlement agreement, and may be eligible to pursue an individual claim.

Objections

If you choose not to opt out, you may object to the Settlement. If you wish to object to this proposed Settlement, you must submit a written objection by prepaid mail, or email to Class Counsel at one of the three addresses noted below by no later than ____.

At the approval hearing, the Court will consider any objections to the proposed settlement by the Class Members if the objections were received in the manner and by the date set out above.

A written objection should include the following information:

a) the objector’s name, current mailing address, telephone number, and email address;

b) the reason why the objector believes that they are a Class Member;

c) a brief statement of the nature of and reasons for the objection; and

d) whether the objector intends to appear at the hearing in person or by counsel, and, if by counsel, the name, address, telephone number, and email address of counsel.

Questions and Objections Should be Directed To:

Westpoint Law Group
2200 – 1177 West Hastings Street
Attn: P.H. Furtula
Phone: 604-353-7243
info@westpointlawgroup.com

This notice contains a summary of some of the terms of the settlement agreement in the class actions. If there is a conflict between the provisions of this notice and the settlement agreement, including the schedules to the settlement agreement, the settlement agreement shall prevail.

OPT OUT FORM

Class Members are bound by the terms of the Settlement Agreement, unless they opt out of the class action.

If you opt-out, you should be aware that there are strictly enforced time limits within which you must take formal legal action to pursue your own claim. By opting-out, you will take full responsibility for taking all necessary legal steps to protect your claim.

If you wish to opt-out, you must complete and submit an Opt Out Form found on the Settlement Website at airbnbclassaction.ca by no later than ___________ to:

Westpoint Law Group
2200 – 1177 West Hastings Street
Attn: P.H. Furtula
Phone: 604-353-7243
info@westpointlawgroup.com

Mailed Opt-Out  Forms must be postmarked by Canada Post no later than __.