Booking Claim

You have been overpaying for your hotel room for years.

Booking.com and affiliated companies ("Booking.com") are acting unlawfully, causing damage to Dutch consumers.

Since 1 January 2013, so for well over 10 years, Booking.com has imposed obligations on hotels known as “parity obligations.” These obligations and similar practices prevent hotels from offering lower prices or better conditions through other online sales channels than Booking.com’s platform. As a result, consumers pay too much for their hotel rooms. This conduct by Booking.com violates competition laws, including cartel bans, abuse of a dominant position, and the Digital Markets Act. 

Furthermore, Booking.com engages in misleading statements, for example about hotel room availability. Such tactics lead consumers to make choices they wouldn’t otherwise make. These misleading practices are known as “dark patterns” and are unlawful under both European and Dutch law.

Stichting Consumenten Competition Claims represents Dutch consumers who have suffered harm. It demands compensation and wants Booking.com to cease its unlawful conduct.

If you (a) booked at least once on or after January 1, 2013, via (i) Booking.com (ii) a similar website for online hotel bookings like Agoda or Expedia, or (iii) directly via a hotel’s website, and (b) were living in the Netherlands at the time—you can join the collective action by registering via our partner, the Consumentenbond. Support our collective action!

Join the Booking Claim

How do we resolve this?

Stichting Consumenten Competition Claims is attempting to reach a resolution with Booking.com out of court. If that fails, the foundation will start legal proceedings to demand payment of damages. This procedure is then a so-called collective action, to recover money from Booking.com for all affected consumers.

What can you do?

Join the collective action by registering if you are 18 or older (or have parental/legal guardian consent) and since January 1, 2013:
  • Have booked at least once online via Booking.com, a similar website for online hotel bookings (e.g., Agoda, Expedia), or directly with a hotel website, and
  • Resided in the Netherlands at the time you made the booking.
The registration will take you less than 5 minutes.

What does it cost to participate? 

Stichting Consumenten Competition Claims wants to achieve that your participation in this claim is free of charge. When participating in Booking Claim, the 'no cure, no pay' principle applies.

If there is no settlement or no positive ruling, you do not have to pay anything. If we do achieve a settlement or positive decision, and you receive damages or other compensation, a maximum of 25% of that amount will be withheld. The foundation will then transfer this percentage to the external funder who will bear the costs of the claim. After negotiations, the foundation has found an external funder willing to assume the financial risk of the proceedings. The foundation has no profit motive. 

The foundation is trying to recover this 'no cure no pay' percentage from Booking.com, so that you may not have to contribute any part of your compensation at all. We can't promise this will succeed at this stage, but we are doing our best.

Who is supporting the Foundation?

The Consumers' Association (“Consumentenbond”) supports the action of the Consumer Competition Claims Foundation. The foundation and the Consumentenbond have closely overlapping objectives when it comes to protecting consumers' interests. The Consumentenbond was founded in 1953 and has been working to protect consumers' interests for the past 70 years. With over 400,000 members, the Consumentenbond is one of the largest associations in the Netherlands. The Consumentenbond helps bring the claim to the attention of consumers.

The foundation has engaged two law firms specialized in collective actions: Lindenbaum (lead counsel) and Finch (co-counsel). Moreover, an economic expert has been engaged, to amongst other things calculate the damage that has been suffered by consumers. The economic expert is Copenhagen Economics.

What is the current status?

The foundation has formally held Booking.com B.V. and affiliated legal entities liable. At the same time, the foundation has invited Booking.com to consult with it and see if a solution can be found that does justice to the interests of Dutch consumers. Progress updates will be shared with participants. 

Timeline

Negotiations
Writ of summons
Statutory waiting period
Start of proceedings: admissibility and appointment of exclusive representative
Merits phase
Judgment
Collective redress

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