What is the case about?
Booking.com and affiliated companies ("Booking.com") are acting unlawfully, thus 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.
Several competition authorities have imposed fines on Booking.com and thus already determined that the market has been distorted. But consumer harm continues—and Booking.com persists in its conduct. That’s why Stichting Consumenten Competition Claims has initiated a collective action against Booking.com. The foundation wants Booking.com to cease its unlawful actions and compensate consumers for damages suffered.
What are the demands?
Consumers have been misled and have paid more than necessary for hotel rooms. Booking.com has violated competition and consumer protection laws. The Consumer Competition Claims Foundation demands that Booking.com stop these unlawful practices and compensate consumers for the harm they have suffered.
How much compensation could I receive?
If you booked a hotel room via Booking.com, a similar online platform, or directly on a hotel’s website since 2013, it is likely that you have suffered damages. The exact compensation depends on how often you booked, the room prices, and destinations. For many, the damages range from tens to hundreds of euros. In total, Dutch consumers are estimated to have suffered hundreds of millions of euros in damages.
What kind of damages did I suffer?
If you booked a hotel room online after 1 January 2013, you likely paid too much. You may also have been misled about prices, availability, or discounts due to so-called “dark patterns” – manipulative design tricks that influence your choices. As a result, you may have booked at a worse price than you otherwise would have.
Who can apply?
You can participate if you meet the following criteria:
(i) You are 18 years or older (or have permission from a parent or legal guardian), and
(ii) Since 1 January 2013, you have booked at least once:
(a) via Booking.com,
(b) via a similar online hotel booking website (e.g. Agoda, Expedia), or
(c) directly via a hotel’s own website,
(iii) and you were living in the Netherlands at the time of the booking.
How do I register?
You can sign up via
this link. This will take you to the Consumentenbond website, our official partner.
To register, fill in the required details and accept the participant agreement. Once registered, you will receive a confirmation email.
If you log in, or are already logged in, with your account (=email address + password) on the website of the Consumentenbond, you will find your participation in the claim under “My Consumentenbond” 🡪 “Claims” 🡪 “My Claims”. There you will also find the participant agreement that applies to you.
We will keep you updated by email and on the Booking Claim timeline—on both our website and that of the Consumentenbond.
Does it cost anything to join?
When participating in the Booking Claim, the 'no cure, no pay' principle applies. Registering is free of charge. If there is no settlement or positive verdict, the funder gets nothing and bears the costs. You do not have to pay anything in that case.
If we do achieve a settlement or positive decision, and you receive damages or some other form of compensation, a maximum of 25% of that amount will be withheld. The foundation then transfers this percentage to the external financier who bears the costs of the claim, as the foundation has no profit motive.
The foundation tries to recover the 'no cure no pay' percentage from Booking.com, so you may not have to contribute any part of your compensation at all. We cannot promise this will succeed at this stage, but we are doing our best.
Consumer Competition Claims Foundation is an independent non-profit foundation. It will therefore not make a profit through this case. It is merely acting as your advocate. You can learn more about the foundation on this website.
If I don't pay, who does?
The class action is funded by Bidwell. This is a subsidiary of Burford Capital LLC, a so-called litigation funder. This is a party that specialises in financing lawsuits.
If the class action does not result in compensation for damages, the litigation and other costs will be borne entirely by the funder. This is because we do not think it is fair for you to have to pay the costs.
If the action does lead to compensation for the damage you suffered, the funder is entitled to a success fee. This is the compensation the funder receives for the financial risks it has taken to cover all the costs. How high that success fee is depends on the amount of the total compensation Booking.com has to pay. That fee is capped at 25%, but it could be lower. We’ll ask the court to require Booking.com to pay this fee as part of the settlement or judgment. If that happens, you’ll keep your entire compensation. Again, we cannot promise this outcome, but we’ll pursue it actively.
The Consumer Competition Claims Foundation is independent of the external funder and has no profit motive.
Can I withdraw?
Do you no longer want to participate? That is unfortunate, but you can degister. If you no longer wish to participate, contact the Consumentenbond’s customer service. You can do so via this link:
send us a message | Consumers' AssociationYou can cancel the agreement you enter into with us free of charge within 14 days of registration. If you cancel after 14 days, the Consumer Competition Claims Foundation is still entitled to the (cost) compensation as agreed in the participation agreement.
As you can also read further in the agreement (and this FAQ), that right to compensation exists if there is a settlement or (final) judgment based on which you receive compensation in connection with the Booking Claim. If the foundation reaches a settlement, you will have another opportunity to opt out and pursue your own legal action. Full details can be found in the participant agreement..
Who are the cooperating parties?
The Consumer Competition Claims Foundation protects consumers against, among other things, unfair commercial practices, such as competition law violations, breaches of consumer law and other wrongful acts. It is committed to ensure that unfair, unlawful actions stop and consumers receive compensation. It always aims to reach a settlement first, but will take legal action if necessary.
In this case, the Consumer Competition Claims Foundation is working together with the Consumentenbond. The foundation and the Consumentenbond have closely overlapping objectives when it comes to protecting consumers' interests. Founded in 1953, the Consumentenbond 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 also works with law firms Lindenbaum and Finch, two law firms specialising in class actions. To calculate consumer damages, the foundation relies on the respected economic consultancy Copenhagen Economics.