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He argued Accommodations.com had an obligation to watch that web site and he needed the corporate to return his cash.
McEwen had booked the 2 rooms on-line on Dec. 7, 2019, for 5 nights, beginning March 15, 2020.
On March 12, Canada introduced a ban on non-essential worldwide journey after the World Well being Group declared COVID-19 a pandemic and he cancelled.
His deadline to cancel was March 13, 2020, and he believed he did his half to alert the corporate he was cancelling the reserving. He requested a affirmation of the cancellation however didn’t obtain one, Regehr wrote.
In its written submissions to the tribunal, Accommodations.com stated its phrases and circumstances kind a part of the contract with its prospects, and that doc states cancellations should be made by cellphone or by logging on to the positioning and clicking on the “handle your reserving” hyperlink.
It stated its web site on its reserving web page embody the assertion: “by clicking e book, you agree you have got learn and settle for our phrases and circumstances.” It included a screenshot of its reserving web page from January 2021, which it stated hadn’t modified from December 2019.
However McEwen stated he recalled the reserving web page otherwise. He didn’t have a screenshot of the reserving web page from 2019 and Regehr accepted Accommodations.com’s proof that the phrases and circumstances button was included on the reserving web page.
“Accommodations.com argues that the phrases and circumstances set out the one two ways in which a buyer can cancel a reservation,” he wrote. ”As a result of Mr. McEwen tried to cancel the reservation in an unauthorized method, he didn’t cancel the reservation in accordance with the events’ contract, so he isn’t entitled to a refund.”