Hotels.com is an online travel agency. Its website leads customers reserving a room to a $$final booking page.$$ Above the large $$Book$$ link on this page are the words, $$Reservation Terms$$ and the sentence, $$By clicking $$Book$,$ you agree you have read and accepted our Terms and Conditions.$$ The last three words link to another page that contains the terms and conditions that Hotels.com says form part of its contract with the customer. These terms and conditions indicate that a cancellation can be made by telephone or through the online portal.

On December $7,2019,$ McEwen booked two hotel rooms in Jamaica using Hotels.com$$s website. McEwen admitted he did not read the Terms and Conditions on the website. On March $12,2020,$ three days before the start date of his reservation, he cancelled the reservation by emailing Hotels.com. McEwen claimed he cancelled by sending an email because he $$could not get through$$ by telephone. The agency refused to provide McEwen a refund because he purported to cancel by sending an email to an unmonitored email rather than cancelling by telephone or through the online portal. McEwen had to cancel his reservation because of government restrictions on international travel due to the coronavirus pandemic.

In reaching its decision, the Tribunal addressed the following questions: Do the terms and conditions on the Hotels.com website form part of the contract between the parties? Was McEwen bound by the terms and conditions? Did he cancel the booking in accordance with the terms and conditions? Was he entitled to a refund?

How did the Tribunal answer these questions? How should a sophisticated client protect herself when she is entering into an online transaction?