Table of contents
- A. All Travel Experiences
- B. Accommodations
- C. Attractions
- D. Car rentals
- E. Flights
- F. Private and public transportation
- G. Cruises
- Booking.com dictionary
- Previous terms of service
A. All Travel Experiences
- A1. Definitions
- A2. About these terms
- A3. About Booking.com
- A4. Our Platform
- A5. Our values
- A6. Prices
- A7. Payment
- A8. Policies
- A9. Privacy and cookies
- A10. Accessibility requests
- A11. Insurance
- A12. Genius
- A13. Rewards, Credits, & Wallet
- A14. Intellectual property rights
- A15. What if something goes wrong?
- A16. Communication with the Service Provider
- A17. Measures against unacceptable behavior
- A18. Limitation of liability
- A19. Arbitration agreement
- A20. Linked travel arrangements
1. Some of the words you’ll see have very specific meanings, so check out the “Booking.com dictionary” at the end of these Terms.
A2. About these terms
1. When you complete your Booking, you accept these Terms and any other ones that you’re provided with during the booking process. These Terms include an agreement to mandatory, binding individual arbitration, which means that you agree to submit most disputes related to our Platform, the use of the services on our Platform, or these Terms, to binding arbitration rather than proceeding in court. You may opt-out of this arbitration agreement only by following the procedures in A19 below. These Terms also include the waiving of any class action or jury trial.
2. If anything in these Terms is (or becomes) invalid or unenforceable:
- it will still be enforced to the fullest extent permitted by law
- you will still be bound by everything else in the Terms.
3. These Terms are laid out like this:
- Section A: General terms for all types of Travel Experiences.
Sections B to F: Specific terms for just one type of Travel Experience:
- Section B: Accommodations
- Section C: Attractions
- Section D: Car rentals
- Section E: Flights
- Section F: Private and public transportation
- If there’s any discrepancy between general and specific terms, the specific terms will apply.
4. The English version of these Terms is the original. If there’s any dispute about the Terms or any discrepancy between the Terms in English and another language, the Terms as they appear in English will apply. (You can change the language at the top of this page.)
A3. About Booking.com
1. When you book an accommodation, flight, or attraction, Booking.com B.V. provides and is responsible for the Platform, but not the Travel Experience itself (see A4.4 below).
2. When you book a rental car or private or public transportation, Booking.com Transport Limited provides and is responsible for the Platform, but not the Travel Experience itself (see A4.4 below).
3. We work with companies that provide local support services (e.g. Customer Support or account management). They don’t:
- control or manage our Platform
- have their own Platform
- have any legal or contractual relationship with you
- provide Travel Experiences
- represent us, enter into contracts, or accept legal documents in our name
- operate as our “process or service agents.”
A4. Our Platform
1. We take reasonable care in providing our Platform, but we can’t guarantee that everything on it is accurate (we get information from the Service Providers). To the extent permitted by law, we can’t be held responsible for any errors, any interruptions, or any missing bits of information, though we will do everything we can to correct/fix them as soon as we can.
2. Our Platform is not a recommendation or endorsement of any Service Provider or its products, services, facilities, vehicles, etc.
3. We’re not a party to the terms between you and the Service Provider. The Service Provider is solely responsible for the Travel Experience.
4. To make a Booking, you may need to create an Account. Make sure all your info (including payment and contact details) is correct and up to date, or you might not be able to access your Travel Experience(s). You’re responsible for anything that happens with your Account, so don’t let anyone else use it and keep your username and password secret.
5. We’ll show you the offers that are available to you, in (what we think is) the right language for you. You can change to another language whenever you like.
6. Unless otherwise indicated, you need to be at least 16 to use the Platform.
A5. Our values
1. You will:
- abide by Our values
- comply with all applicable laws
- cooperate with any anti-fraud/anti-money laundering checks we need to carry out
- not use the Platform to cause a nuisance or make fake Bookings
- use the Travel Experience and/or Platform for their intended purpose
- not cause any nuisance or damage, and not behave inappropriately to the Service Provider’s personnel (or anyone else, for that matter).
1. When you make a Booking, you agree to pay the cost of the Travel Experience, including any taxes and charges that may apply.
2. Some of the prices you see may have been rounded to the nearest whole number. The price you pay will be based on the original, “non-rounded” price (although the actual difference will be tiny anyway).
3. Obvious errors and misprints are not binding. For example, if you book a premium car or a night in a luxury suite that was mistakenly offered for $1, we may simply cancel that Booking and refund anything you’ve paid.
4. A crossed-out price indicates the price of a like-for-like Booking without the price reduction applied (“like-for-like” means same dates, same policies, same quality of accommodation/vehicle/class of travel, etc.).
1. For some products/services, the Service Provider will require an Upfront Payment and/or a payment taken during your Travel Experience.
- If we organize your payment, we (or in some cases our affiliate in the country your payment originates from) will be responsible for managing your payment and ensuring the completion of your transaction with our Service Provider. In this case, your payment constitutes final settlement of the “due and payable” price.
- If the Service Provider charges you, this will usually be in person at the start of your Travel Experience, but it could also be (for example) that your credit card is charged when you book, or that you pay when you check out of your Accommodation. This depends on the Upfront Payment policy of the Service Provider as communicated to you in the booking process.
2. If the Service Provider requires an Upfront Payment, it may be taken or pre-authorized when you make your Booking, and it may be non-refundable. Before you book, check the Service Provider’s Upfront Payments policy (available during the booking process), which we don’t influence and aren’t responsible for.
3. If you know of or suspect any fraud or unauthorized use of your Payment Method, contact your payment provider, who may cover any resulting charges, possibly for a fee.
4. If the currency selected on the Platform isn't the same as the Service Provider's currency, we may:
- show prices in your own currency
- offer you the Pay In Your Own Currency option.
You’ll see our Currency Conversion Rate during check-out, in the Booking details of your Account, or (if you don’t have an Account) in the email we send you. If we charge you fees in connection with any such services, you’ll find the fee expressed as a percentage over European Central Bank rates. Your card issuer may charge you a foreign transaction fee.
5. We’ll store your Payment Method details for future transactions after collecting your consent.
1. When you make a Booking, you accept the applicable policies as displayed in the booking process. You'll find each Service Provider's cancellation policy and any other policies (e.g. age requirements, security/damage deposits, additional supplements for group Bookings, extra beds, breakfast, pets, cards accepted, etc.) on our Platform, on the Service Provider information pages, during the booking process, in the fine print, and/or in the confirmation email or ticket (if applicable).
2. If you cancel a Booking or don’t show up, any cancellation/no-show fee or refund will depend on the Service Provider’s cancellation/no-show policy.
3. Some Bookings can’t be canceled for free, while others can only be canceled for free before a deadline.
4. If you book a Travel Experience by paying in advance (including all price components and/or a damage deposit if applicable), the Service Provider may cancel the Booking without notice if they can't collect the balance on the date specified. If they do, any non-refundable payment you’ve made will only be refunded at their discretion. It's your responsibility to make sure the payment goes through on time, that your bank, debit card, or credit card details are correct, and that there's enough money available in your account.
5. If you think you won’t arrive on time, contact your Service Provider and tell them when they can expect you so they don't cancel your Booking. If you’re late, we are not liable for the consequences (e.g. the cancellation of your Booking or any fees the Service Provider may charge).
6. As the person making the Booking, you are responsible for the actions and behavior (in relation to the Travel Experience) of everyone in the group. You’re also responsible for obtaining their permission before providing us with their personal data.
A9. Privacy and cookies
1. If you book an accommodation, flight, or attraction, read our Privacy and Cookie Notice for more info on privacy, cookies, and how we might contact you and process personal data
A10. Accessibility requests
1. If you have any accessibility requests:
- about our Platform and/or services, contact our Customer Service team
- about your Travel Experience (wheelchair access, walk-in baths, etc.), contact your Service Provider or the airport, train station, etc.
1. If you bought insurance through our Platform, refer to the policy document(s) for the terms and for further info. These Terms do not apply to insurance.
1. The Genius rate is a discounted rate offered by participating Service Providers for certain products/services.
2. Genius rates are for members of the Booking.com Genius program. There are no membership fees, and it’s easy to become a member – just create an Account. Membership and rates are non-transferable. Membership is linked to a specific Account. Membership can also be linked to specific campaigns or incentives.
3. There are different “Genius Levels” based on how many Accommodation Bookings you’ve made in a given period. Each level provides different travel rewards.
4. We may change any feature of the Genius program, including the membership levels and the way the program is structured.
5. For more details, visit https://www.booking.com/genius.html.
A13. Rewards, Credits, & Wallet
1. We may issue Rewards to you—at our sole discretion and subject to—(a) the terms here in A13 and (b) any Individual Reward Criteria that apply. If we make a clerical error (i) in calculating your Rewards or (ii) in converting currencies related to your Rewards, we can always change or correct any balances shown.
2. How to get Rewards. You might, for example, get a Reward by booking at a participating hotel or by making a certain number of Bookings in a given time period. When a Reward is available, we’ll explain what the specific conditions are and how to use it.
3. Where to find your Rewards. Once you’ve received one or more Rewards, you’ll find a “Rewards and Wallet” link in your Booking.com Account menu. Under the “Rewards” tab, you’ll see all the Rewards you’ve earned, what actions (if any) still need to be taken to obtain the Reward(s), and any other terms and conditions.
4. Types of Rewards. Rewards give you (a) Credits in your Wallet or (b) something different (e.g. a Credit Card Cashback or a coupon). We’ll explain each Reward at the appropriate time.
5. How to get Credits. Credits are usually issued as a result of getting a Reward. But we may issue Credits for other reasons, for example, if your Travel Experience didn’t live up to our usual high standards.
6. Where to find your Credits. Once you’ve received some Credits, you’ll find a “Rewards and Wallet” link in your Booking.com Account menu. Under the “Wallet” tab, you’ll see your total Credits balance (split into Travel Credits and Cash Credits if you have both kinds). You’ll see when Credits were received or spent, and when they’ll expire. If you have Cash Credits, you’ll also see a link to cash them out.
7. Types of Credits. Travel Credits can only be spent on certain Travel Experiences. We’ll show you which Travel Experiences you can pay for with Travel Credits (which specific accommodations, attractions, car rentals, etc.). Cash Credits can be cashed out to your Payment Method (click “Withdraw Cash Credit”), or spent on any Travel Experience that you can pay for with Travel Credits.
8. To receive any type of Rewards, you must, when qualifying for and using the Credits:
- have an Account with us
- be at least 18 years old
- meet the Individual Reward Criteria
- not violate the Rewards & Wallet Terms, and
- have a valid credit card to qualify for Credit Card Cashback Rewards.
9. When a Reward is available, the Individual Reward Criteria will explain how (and if) you qualify for it. There may be:
- time-sensitive restrictions (e.g. offers with expiration dates)
- platform restrictions (e.g. promotional codes that can only be used in our app)
- property restrictions (e.g. offers that can only be used with specific Service Providers)
- a minimum spend (e.g. a Reward that you’ll only earn when you spend at least a certain amount on a Booking)
- a maximum Reward value (for either monetary or non-monetary Rewards).
10. Rewards can’t be sold, encumbered, or transferred in any way to a third party. In the event of an Account holder’s death, their Account will be closed and their Rewards (if any) will be canceled.
11. You can put either Cash Credits or Travel Credits toward the cost of an eligible Travel Experience on a participating Platform (e.g. www.booking.com or a Group Company website).
12. If that Travel Experience costs less than you have in Credits, your unused Credits will remain available in your Wallet.
13. If that Travel Experience costs more than you have in Credits, you must make up the rest of the cost in time, using another accepted Payment Method, or your purchase will be canceled and your Credits returned to your Wallet.
14. If you have various Credits with more than one expiration date, the Credits with the earliest expiration date will be used first.
15. If you cancel a Travel Experience that you’ve paid for (in part or in full) with Credits, the Service Provider’s cancellation policy will determine whether or not your money and/or Credits are refunded. Our Customer Service team will be able to refund any Credits that you may be entitled to.
16. You can cash out Cash Credits (but not Travel Credits) to a Payment Method.
17. Your Wallet’s default currency is determined by your location, residency, or another currency we may elect. If you get any Credits or Credit Card Cashbacks in another currency, we’ll convert them to your default currency, or another currency we may elect, using our Currency Conversion Rate.
18. If a Reward was issued because you booked a Travel Experience, any associated Credits that haven’t been used will be deleted from your Wallet if that Travel Experience is canceled.
19. We reserve the right to cancel any Reward that was obtained by fraud.
20. If you didn’t receive a Reward that you should have, contact our Customer Service team no more than 12 months after you did what you believe qualified you for it. Please provide any supporting documentation you have. If you don’t do this within 12 months, you won’t be able to claim the Reward.
21. All Credits have an expiration date, which you’ll find in the “Credits” section of your Wallet.
23. Your obligations:
- You’re responsible for making sure that all information is (and stays) correct, complete, and up to date
- If we ask you for proof of ID, please provide it within 30 days
- You’re responsible for keeping your Wallet sign-in details safe and secure.
24. If you don’t adhere to the rules in this section, we may automatically suspend or cancel your Wallet.
25. You may not use your Wallet or Rewards in any way that is misleading, unfair, or harmful.
26. We may set off/settle any or all of your Credits against any claim we (or a Group Company) have against you. We may do this at any time, and without advance notice.
27. We may change, suspend, or end any aspect of the Wallet, Rewards, and Credits. In particular, we might change:
- these Rewards & Wallet terms
- which users we allow to have a Wallet
- which Rewards or Credits we provide
- the expiration dates of any Rewards or Credits
- any Individual Reward Criteria.
28. We’ll make reasonable efforts to give you prior notice if we make any changes or stop providing Wallets altogether.
29. If we stop providing Wallets, all Credits and Rewards that haven’t expired will be valid for another 12 months.
A14. Intellectual property rights
1. Unless otherwise stated, all rights in our Platform (technology, content, trademarks, look and feel, etc.) are owned by Booking.com (or its licensors), and by using our Platform, you agree to do so for its intended purpose only and to respect the conditions set out below in paragraphs A14.2 and A14.3.
2. You’re not allowed to monitor, copy, scrape/crawl, download, reproduce, or otherwise use anything on our Platform for any commercial purpose without written permission of Booking.com or its licensors.
3. We keep a close eye on every visit to our Platform, and we’ll block anyone (and any automated system) we suspect of:
- conducting an unreasonable amount of searches
- using any device or software to gather prices or other information
- doing anything that places undue stress on our Platform.
4. By uploading any picture to our Platform (e.g. for a review), you’re confirming that it complies with our criteria and that:
- it’s truthful (e.g. you haven’t altered the picture or uploaded one of a different property)
- it doesn’t contain any viruses
- you’re allowed to share it with us
- we’re allowed to use it on our platform and in relation to further commercial purposes (including in a promotional context), everywhere, forever. (If you let us know we can no longer use it, we’ll consider any such reasonable request)
- it doesn’t infringe the privacy rights of other people
- you accept full responsibility for any legal claims against Booking.com related to it.
5. Just to be clear, we’re not responsible or liable for any picture uploaded to our Platform, and we’re allowed to remove any picture at our discretion (e.g. if a picture does not meet the above criteria).
A15. What if something goes wrong?
1. If you have a question or complaint, contact our Customer Service team. You can do so by accessing your Booking through our app or through our Help Center (where you’ll also find some useful FAQs). You can help us help you as quickly as possible by providing:
- your Booking confirmation number, your contact details, your PIN (if you have one), and the email address you used when booking
- a summary of the issue, including how you’d like us to help you
- any supporting documents (e.g. bank statement, pictures, receipts, etc.)
2. All questions and complaints are recorded, and the most urgent ones are treated as highest priority.
3. If you're a resident of the European Economic Area and aren’t happy with the way we handle your complaint, you may be able to complain via the European Commission's ODR (Online Dispute Resolution) platform (ec.europa.eu/odr). It depends on what your complaint was about:
- if it was about an accommodation, flight, or attraction, you can use that ODR platform
- if it was about ground transport, you can’t (because ground transport is booked with Booking.com Transport Limited, and the UK has left the EU).
4. If you’re a resident of the Czech Republic and aren’t happy with the way we handle your complaint, you can complain to the Czech Trade Inspection Authority: Central Inspectorate, ADR Department, registered office Štěpánská 15, Prague 2, postal code: 120 00, email: email@example.com, https://www.coi.cz/informace-o-adr/.
5. If you’re a resident of Brazil and aren’t happy with the way we handle your complaint, you can complain via the Brazilian Federal Consumer Dispute Resolution Platform (consumidor.gov.br/).
6. We try to resolve disputes internally, and aren’t obliged to submit to any alternative dispute resolution procedures handled by independent providers.
A16. Communication with the Service Provider
1. We may help you communicate with your Service Provider, but we can’t guarantee that they’ll read anything from you or that they’ll do what you ask. In itself, the fact that you contact them or that they contact you doesn’t mean you have any grounds for legal action.
A17. Measures against unacceptable behavior
1. We have the right to stop you from making any Bookings, to cancel any Bookings you’ve made, and/or to stop you from using our Platform, our Customer Service, and/or your Account. Of course, we’ll only do this if in our opinion there’s a good reason to, such as:
- fraud or abuse
- non-compliance with Our values or with applicable laws or regulations
- inappropriate or unlawful behavior (e.g. violence, threats, invasion of privacy) in relation to us, any of the companies we work with – or anyone else, for that matter.
2. If we cancel a Booking as a result, you won’t be entitled to a refund. We may tell you why we canceled your Booking, unless telling you would (a) contravene applicable laws and/or (b) prevent or obstruct the detection or prevention of fraud or other illegal activities. If you believe we incorrectly canceled your Booking, contact our Customer Service team.
A18. Limitation of liability
1. These terms limit only our liabilities under applicable law. Nothing in these terms will limit our (or the Service Provider’s) liability for our (or their) own (i) negligence that leads to death or personal injury or (ii) fraud or fraudulent misrepresentation, gross negligence, or willful misconduct. Booking.com shall not be liable for any losses outside of the rights and responsibilities described in this section, unless said losses are caused by Booking.com’s breach of these terms. As a non-limiting example, Booking.com shall not be liable for any:
- indirect or consequential loss or damage
- loss of profits, use, data, revenues, business opportunities, or goodwill
- special, punitive, or exemplary damages
- inaccurate information about a Service Provider
- product, service, or action of a Service Provider or other business partner
- mistake in an email address, phone number, or credit card number (unless it’s our fault)
- force majeure or event beyond our control.
2. If you are in breach of these Terms and/or the Service Provider’s terms, to the extent permitted by law:
- we will not be liable for any costs you incur as a result, and
- you won’t be entitled to any refund.
3. The cost of your Booking, shown in your confirmation email, is the most we, or any Service Provider, will be liable for, whether for one event or a series of events. These liability limitations shall apply to all forms of legal action, whether related to contract, tort, negligence, strict liability, or any other legal action.
4. Unless expressly stated herein, Booking.com makes no representations, warranties, or commitments related to Service Providers’ products or services. We accept no liability for ensuring that said products or services are appropriate for the client’s objectives. You alone assume responsibility for this. To the fullest extent permitted by law, Booking.com disclaims all representations and warranties, including, but not limited to, warranties of merchantability and fitness for a particular purpose. Booking.com does not warrant or make any representations that its website will operate error-free or uninterruptedly, that defects will be corrected, or that the website and/or its servers will be free of viruses and/or other harmful components. Booking.com does not warrant or make any representations regarding suitability, availability, accuracy, reliability, or timeliness of any material of any kind on the website for any purpose, including software, services, information, text, and related graphics content. You agree that you will make use of the Booking.com website and services at your own risk. You understand and accept that Booking.com is not responsible or liable for any misuse or unauthorized use of its website or services, or for any consequences arising out of such misuse or unauthorized use.
5. Just to be clear, nothing in these Terms will entitle any third party other than the Service Provider to anything.
A19. Arbitration agreement
Please read this arbitration agreement carefully. It may impact your rights. This agreement stipulates that most disputes shall be resolved through binding arbitration instead of through any legal actions. This arbitration agreement shall remain in effect after the termination of the Terms.
Booking.com is committed to customer satisfaction. Booking.com will make its best efforts to resolve all customer concerns or problems related to our services. Customers may pursue a claim against Booking.com, as explained in this arbitration agreement, for any unresolved concern or problem. The arbitration agreement stipulates: (1) the initial process for you to follow in reporting your claim to Booking.com prior to filing any arbitration or lawsuit in accordance with this arbitration agreement; and, if Booking.com is unable to resolve your claim, (2) the recourse available to you in arbitration or, in limited circumstances, in court.
1. Governing Law and Jurisdiction
Booking.com and you agree that this arbitration agreement is evidence of a transaction in interstate commerce and will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. This arbitration agreement, and these Terms, are made under and will be governed by and interpreted in accordance with New York law, consistent with the Federal Arbitration Act, regardless of conflict of law rules. If New York law cannot be applied to the dispute in the customer’s jurisdiction due to applicable local law, then the laws of the jurisdiction’s country, state, or other place of residence will govern the dispute. Any disputes or claims not subject to arbitration, as set forth in this section, will be resolved exclusively in the federal or state courts of New York, New York, and you and we consent to personal jurisdiction in those courts. In cases where applicable local law prevents a dispute from being resolved in the New York courts, local courts shall have jurisdiction.
This arbitration agreement is intended to be given the broadest interpretation and application in order to encompass all disputes or Claims (as defined below) that may arise between us. By using this Platform, you agree that any and all Claims (as defined below) arising out of or relating to your use of this Platform, or other services provided by Booking.com or by the support companies in connection with your use of this Platform (including the interpretation and scope of this arbitration agreement and the arbitrability of the dispute), or your relationship with us or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal vehicle) unless expressly excluded from arbitration as set forth below (each a “Claim” and collectively “Claims”), will be resolved via mandatory, binding arbitration.
3. Opt Out Procedure
Notwithstanding the above, you may opt out of this binding arbitration agreement within 30 days after this arbitration agreement comes into effect (the “Opt Out Deadline”). This will be the earliest of (a) the date you first used Booking.com’s Platform, (b) the date you first used Booking.com’s services, or (c) the date of your first transaction with Booking.com. You may opt out of the arbitration agreement by sending Booking.com a written notice through the Dispute Resolution page with the message: “Arbitration -- Opt-Out Notice”.
In order to validly terminate the arbitration agreement, Booking.com must receive your opt out notice using the form available on its Dispute Resolution page, and with the correct message, no later than 3 days after the Opt Out Deadline. You agree that you must pursue any and all Claims in arbitration if Booking.com does not receive an opt-out notice from you, or if Booking.com receives an opt-out notice from you more than 3 days after the Opt Out Deadline.
Nothing in this arbitration agreement shall be interpreted as creating any rights that do not otherwise exist under the law, or as constituting any waiver of any personal jurisdiction defense, nor shall this arbitration agreement give the customer the right to pursue any claim for relief that is not in compliance with the law.
4. Pre-Dispute Resolution
Prior to initiating any dispute or Claim, as discussed further below, you must first give Booking.com an opportunity to resolve any complaints by submitting them in writing through the form available on Booking.com’s Dispute Resolution page (the “Internal Review Procedure”). Your message through Booking.com’s Dispute Resolution page beginning the Internal Review Procedure must contain the following information: (1) your name, (2) address, (3) the email address used to make the reservation, (4) the reservation number, (5) the date of the reservation, (6) the name of the property reserved, (7) a brief description of the nature of the complaint, and (8) the resolution sought (together, the “Required Information”). Additionally, the message must start with “Request Under Arbitration Agreement.” If your message does not start with this text, or if it does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Internal Review Procedure shall be without effect, and must be reinitiated before any arbitration or other legal action against Booking.com. This requirement is intended to inform Booking.com that you have a dispute to be resolved. If Booking.com does not resolve the complaint within 60 days of the initiation of the Internal Review Procedure, you shall be entitled to seek relief as stipulated in this arbitration agreement.
5. Arbitration Procedure
Arbitration shall be initiated through and administered by the American Arbitration Association (“AAA”). Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that Booking.com shall select an alternative arbitration forum, and that you will agree in writing to administration of the arbitration by the alternative arbitration forum selected by Booking.com.
Booking.com agrees to pay all filing, administration, and arbitrator fees, other than the initial filing fee to be paid by you, and if your Claim is for less than $1,000, Booking.com shall reimburse you for the filing fee upon written request for reimbursement with documentation of insufficient funds to pay the fee. In the event that you are able to demonstrate that the costs of arbitration would be prohibitive as compared to costs of litigation, Booking.com will pay as much of the customer’s filing fee in connection with the arbitration as the arbitrator deems necessary in order to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. In all other cases, we will each bear the fees and expenses for our respective attorneys, experts, witnesses, and for preparation and presentation of evidence at the arbitration.
Arbitration will be conducted in accordance with the AAA’s rules, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this arbitration agreement. If there is a conflict between the AAA’s rules and this arbitration agreement, the terms of this arbitration agreement shall govern. AAA rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
The arbitration will be conducted by one arbitrator, who will be appointed by the AAA. The customer agrees that the arbitration will be conducted in the English language. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless the customer requests an in-person or telephone hearing, or the arbitrator determines that an in-person or telephone appearance is required. Hearings by telephone shall be preferred, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. Booking.com will ordinarily request that the hearing be held in New York, New York. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that, in the event of an in-person hearing, any Booking.com B.V. employee or affiliate who is based outside of the United States and who is participating in the hearing, may participate by telephone or video conference, and his or her physical presence shall not be required.
Any arbitration shall be confidential, and neither Party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your booking and communications directly related to that booking among you, Booking.com, and the accommodation(s) that are the subject of your dispute with Booking.com. Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator’s determination shall be conclusive.
6. Arbitration Award
The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting other Booking.com customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court pursuant to these Terms, and any such application will not be deemed incompatible with the arbitration agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and Booking.com agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all Claims that can be arbitrated, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
7. Exceptions to arbitration agreement
You and Booking.com each agree that the following causes of action and/or claims for relief are exceptions to the Claims covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, to the extent your dispute or Claim qualifies under applicable law, you may elect to proceed in small claims court.
8. Class Action Waiver
In addition to the above, YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, EXCEPT FOR ACTIONS FOR INJUNCTIVE RELIEF AS DESCRIBED BELOW AND IN THIS PARAGRAPH. Upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under this arbitration agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.
If a court or arbitrator determines, in an action between you and us, that this class action waiver is unenforceable, this arbitration agreement will not apply to you. If you opt out of the arbitration agreement as specified above, this class action waiver will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.
9. Jury Waiver
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
- after selecting and paying for one travel service, you book additional travel services for your trip or vacation during the same visit to the Platform; or
- you book additional travel services for your trip or vacation via a link provided to you by us no later than 24 hours after receiving confirmation of your initial Booking with us,
you will NOT benefit from rights applying to packages under the EU’s Directive (EU) 2015/2302 or the UK's Package Travel and Linked Travel Arrangements Regulations 2018 (together, the "Package Travel Requirements"). Therefore, we will not be responsible for the proper performance of those travel services. For any issues, contact the relevant Service Provider.
2. In either of these cases, the travel services will become part of a linked travel arrangement and not a package. In that case, Booking.com has, as required by EU and UK law, protection in place to refund your payments to Booking.com for services not performed because of Booking.com's insolvency. This does not provide a refund in the event of the insolvency of the relevant Service Provider.
3. Booking.com has voluntarily extended this insolvency protection to customers outside of the EU and UK who have booked multiple travel services via Booking.com that constitute Linked Travel Arrangements within the meaning of the Package Travel Requirements. This extension only applies to payments received by Booking.com.
4. Booking.com has taken out insolvency protection by way of a bank guarantee with Deutsche Bank administered by Sedgwick International UK for any monies paid directly to Booking.com.
5. Travelers may contact Sedgwick International UK (60 Fenchurch Street, London EC3M 4AD, the United Kingdom, tel. +44 207 530 0600, email: firstname.lastname@example.org) if the services are denied because of Booking.com's insolvency.
6. Note: This insolvency protection does not cover contracts with parties other than Booking.com, which can be performed despite Booking.com's insolvency.
- B1. Scope of this section
- B2. Contractual relationship
- B3. What we will do
- B4. What you need to do
- B5. Price and payment
- B6. Amendments, cancellations, and refunds
- B7. What else do you need to know?
B1. Scope of this section
1. This section contains the specific terms for Accommodations products and services.
B2. Contractual relationship
1. When you make a Booking, it’s directly with the Service Provider. We’re not a “contractual party” to your Booking.
2. Booking.com B.V. owns and operates the Platform.
3. Our Platform only shows Accommodations that have a commercial relationship with us, and it doesn’t necessarily show all their products or services.
4. Information about Service Providers (e.g. facilities, house rules, sustainability measures) and their Travel Experiences (e.g. prices, availability, and cancellation policies) is based on what they provide to us. They’re responsible for making sure it’s accurate and up to date.
B3. What we will do
1. We provide the Platform on which Service Providers can promote and sell their Accommodations, and you can search for, compare, and book them.
2. Once you’ve booked your Accommodation, we will provide you and the Service Provider with details of your Booking, including the names of the guest(s).
3. Depending on the terms of your Booking, we may be able to help you change or cancel it if you want.
B4. What you need to do
1. Fill in all your contact details correctly, so we and/or the Service Provider can provide you with info about your Booking and, if necessary, contact you.
2. Read these Terms and the terms displayed during the booking process carefully.
3. Take care of the Accommodation and its furniture, fixtures, electronics, and other contents, and leave things in the same state they were in when you got there. If anything is broken, damaged, or lost, make sure you report it to the staff there as soon as you can, before you check out.
4. Maintain the security of the Accommodation and its contents during your stay. So, for example, don’t leave doors or windows unlocked.
B5. Price and payment
1. See “Prices” (A6) and “Payment” (A7) above.
B6. Amendments, cancellations, and refunds
1. See “Policies” (A8) above.
B7. What else do you need to know?
We Price Match
1. We want you to get the best possible price every time. If, after you've booked your Accommodation with us, you find the same Accommodation (with the same conditions) for less on another website, we promise to refund the difference, subject to the We Price Match terms and conditions.
2. Some offers on our Platform are marked as “Partner offers,” which means they come to us through a Booking.com partner company, rather than straight from a Service Provider. Unless otherwise indicated, any Partner offer that you reserve:
- Must be paid for at the time of booking
- Can't be modified. However, if it offers free cancellation, you’ll be able to cancel it for free, as long as you do so in time.
- Can't be combined with any other offers (promotions, incentives, or rewards)
- Can't be scored or reviewed on our Platform.
Price incentives by Booking.com
3. Some of the price reductions you see are funded by us, not by the Service Provider. We simply pay some of the cost ourselves.
4. When you’re booking, you may see that some Service Providers refer to a “damage policy.” This means that if anyone in your group loses or damages anything:
- you should inform the Service Provider
- instead of charging you for it directly, the Service Provider will have 14 days to submit a damage payment request through our Platform, under your reservation number
if they do, we’ll tell you, then you can tell us if you have any comments and whether you agree with the charge – then:
- if you agree, we’ll charge you on their behalf
- if you disagree, we’ll look into it and decide whether or not to discuss it further*.
5. There’s a limit (displayed while you’re booking) to how much the Service Provider can charge you under the damage policy through our Platform.
6. Any payment you make would be between the Service Provider and you. We’d just be organizing it on the Service Provider’s behalf.
7. The damage policy doesn’t relate to general cleaning, ordinary wear and tear, any crimes (such as theft), or any non-physical “damages” (e.g. fines for smoking or bringing pets).
8. The Service Provider might require a “damage deposit” before or at check-in. If they do, we’ll tell you about it while you’re booking – but it has nothing to do with the “damage policy.” We won’t be involved in any financial settlement related to damage deposits.
* If there’s any damage, the Service Provider can always decide to initiate a (legal) claim against you outside of the damage policy, in which case the limit (see 5 above) wouldn’t apply.
How we work
9. For info on reviews, ranking, how we make money (and more), check out How We Work.
- C1. Scope of this section
- C2. Contractual relationship
- C3. What we will do
- C4. What you need to do
- C5. Price and payment
- C6. Amendments, cancellations, and refunds
- C7. What else do you need to know?
C1. Scope of this section
1. This section contains the specific terms for Attractions products and services.
C2. Contractual relationship
1. We do not (re)sell, offer, or provide any Attractions on our own behalf. When you book an Attraction, you enter into a contract directly with (a) the Service Provider or (b) a Third-Party Aggregator (if they’re reselling the Attraction), as disclosed during the booking process.
2. We act solely as the Platform and are not involved in the Third-Party Terms. We are not responsible for your ticket and (to the fullest extent permitted by law) have no liability to you in relation to your Booking.
C3. What we will do
1. We provide the Platform on which Service Providers and (from time to time) Third-Party Aggregators can promote and sell Travel Experiences, and you can search for, compare, and book them.
2. Once you’ve booked your Attraction, we’ll provide you and the Service Provider with details of the Booking. If the Service Provider needs more than your name, we’ll tell you at the time of booking.
3. Depending on the terms of your Booking, we may be able to help you change or cancel it if you want.
C4. What you need to do
1. You must fill in all your contact details correctly, so we and/or the Service Provider can provide you with information about your Booking and, if necessary, contact you.
2. You must read and agree to comply with our Terms and the Third-Party Terms (which will be displayed at check-out) and acknowledge that breaching them may lead to additional charges and/or the cancellation of your Booking.
C5. Price and payment
1. When you book an Attraction, we’ll organize your payment. For details of how this works (including the related rights and obligations), see “Payment” (A7) above.
C6. Amendments, cancellations, and refunds
1. Please see “Policies” (A8) above.
C7. What else do you need to know?
How we work
1. For info on reviews, ranking, how we make money (and more), check out How We Work.
D. Car rentals
- D1. Scope of this section
- D2. Contractual relationship
- D3. What we will do
- D4. What you need to do
- D5. Price and payment
- D6. Amendments, cancellations, and refunds
- D7. What else do you need to know?
D1. Scope of this section
1. This section contains the specific terms for Car Rental products and services.
D2. Contractual relationship
1. When you book a Rental, your Booking is either (a) with us or (b) directly with the Service Provider. Either way:
- our Terms govern the booking process. When we send you your Booking Confirmation, you’ll enter a contract with us
- the Rental Agreement governs the Rental itself. When you sign this at the rental counter, you’ll enter a contract with the Service Provider, but you’ll see and accept the key terms of it while you’re booking your car.
2. In most cases, you’ll get your Booking Confirmation as soon as you complete your Booking. However, if the Service Provider doesn't confirm your Rental immediately, we won’t take payment or send you your Booking Confirmation until they’ve done so.
3. If there’s any discrepancy between these Terms and the Rental Agreement, the Rental Agreement will apply.
D3. What we will do
1. We provide the Platform on which Service Providers can promote and sell their Travel Experiences, and you can search for, compare, and book them.
2. We don’t guarantee the precise make and model you’re booking (unless we expressly say so). The phrase “or similar” means you could get a similar car (i.e. the same size, type of transmission, etc.). The car pictures are illustrative only.
3. Once you’ve booked your Rental:
- we’ll give the Service Provider the Booking details (e.g. the Main Driver's name and phone number)
- we’ll provide you with Pick-up information (e.g. the Service Provider's contact details, and info on what you need to take with you).
D4. What you need to do
1. You must provide all the information we need to arrange your Booking (e.g. contact details, pick-up time, etc.).
2. You must read and agree to comply with these Terms and the Rental Agreement, and acknowledge that if you breach them:
- you might have to pay additional charges
- your Booking might be canceled
- the staff might refuse to hand over the keys at the rental counter.
3. You must check your Rental's specific requirements, as many details (e.g. driver’s license requirements, security deposit size, paperwork needed, payment cards accepted, etc.) vary per Rental. Make sure you carefully read:
- these Terms
- the key terms of the Rental Agreement, which you'll see while you’re booking, and
- the Rental Agreement itself, which you'll receive at Pick-up.
4. You must be at the rental counter by your pick-up time. If you’re late, the car may no longer be available, and you won’t be entitled to a refund. If you think you might be late, contact the Service Provider or us, even if it's because of a flight delay and you’ve provided your flight number.
5. The key terms of your Rental tell you what the Main Driver needs at pick-up. You must ensure that when they get to the rental counter, they bring everything they need (e.g. driver’s license, required ID, and a credit card in their own name, with enough available funds to cover the security deposit).
6. You must make sure the Main Driver is both eligible and fit (in the Service Provider’s opinion) to drive the car.
7. You must have all the documents (e.g. ID, driver’s license) that you need at pick-up.
8. You must show the counter staff each driver's full, valid driver’s license, which they must have held for at least 1 year (or longer, in many cases). If any driver has endorsements/points on their license, let us know as soon as possible, as the Service Provider may not allow them to drive.
9. You must ensure that any driver with a driver’s license issued in England, Scotland, or Wales obtains a license “check code” no more than 21 days before Pick-up.
10. You must ensure that every driver has their own International Driving Permit (if they need one) as well as their driver’s license. All drivers must carry their driver’s license (and International Driving Permit, if necessary) at all times.
11. You must ensure that every child has an appropriate child seat if they need one.
12. If anything goes wrong during your Rental (e.g. accident, breakdown, etc.), you must:
- contact the Service Provider
- not authorize any repairs without the Service Provider's consent
- keep all documentation (e.g. repair bills, police reports, etc.) to share with us/the Service Provider/an insurance company.
D5. Price and payment
1. Booking.com Transport Limited is the merchant of record for your Booking. For details of our payment process, see “Payment” (A7) above.
Additional costs and fees
2. In many cases, the Service Provider will charge a young driver fee for each driver under a certain age (e.g. 25). In some cases, they may charge a senior driver fee for each driver over a certain age (e.g. 65). When booking on our Platform, you must enter the Main Driver's age, so we can show you details of any age-related fee(s), which you would pay at pick-up.
3. In many cases, the Service Provider will charge a one-way fee if you drop the car off at a different location. If you intend to do this, you need to enter the drop-off location while booking, so we can tell you if it’s possible, and show you details of any one-way fee, which you would pay at Pick-up.
4. In many cases, the Service Provider will charge a cross-border fee for taking the car to a different country/state/island. If you intend to do this, tell us and/or the Service Provider as soon as you can before pick-up.
5. The price of your Rental is calculated based on 24-hour units, for example, a 25-hour rental will cost as much as a 48-hour rental.
6. If after pick-up you decide you want to keep the car longer, contact the Service Provider. They'll tell you how much this would cost, and you'll enter a new contract with them directly. If you drop the car off late without agreeing this in advance, they may charge an additional fee as well.
7. In some cases, you'll pay for any optional extras (e.g. child seats, GPS, winter tires, etc.) when you book your car, in which case you're guaranteed to get them at pick-up.
8. In other cases, you'll simply request any extras when you book your car, in which case:
- you'll pay for them at Pick-up, and
- the Service Provider doesn't guarantee they'll be available for you.
D6. Amendments, cancellations, and refunds
1. We go above and beyond our legal obligations. Even though local laws don’t require us to offer specific cancellation rights, we guarantee that we will honor our refunds policy if you cancel your Booking.
2. The following “Cancellation and Amendments” terms apply to all Bookings apart from:
- Bookings with Dollar or Thrifty that were booked before January 26, 2021 (check your rental terms)
- Bookings that are labeled “non-refundable” (you cannot amend a non-refundable Booking, and won’t receive a refund if you cancel it).
3. If you cancel:
- MORE THAN 48 hours before your rental is due to start, you’ll receive a full refund.
- LESS THAN 48 hours before or while you’re at the rental counter, we’ll refund what you paid minus the cost of 3 days of your rental. There won’t be any refund if your car was booked for 3 days or less.
- AFTER your rental is due to start (or if you no-show), you’ll receive no refund.
4. The counter staff may refuse you the car if (for example):
- You don’t arrive on time
- You are not eligible to rent the car
- You don’t have the documentation you need
- The main driver doesn’t have a credit card in their own name, with enough available funds for the car’s security deposit.
If that happens, call us from the rental counter to cancel your Booking, and you’ll receive a refund, minus the cost of 3 days of your rental. Otherwise you won’t be entitled to a refund.
Amendments (changes to your Booking)
5. You can make changes to your Booking anytime before you’re due to pick the car up.
6. In most cases, the easiest way to do this is via our app or our website (under “Manage Booking”).
7. There is no administration fee for changing your Booking, but any changes you make may affect the rental price. Sometimes the only way we can change a Booking is to cancel it and make another one, in which case we may charge you a cancellation fee on the rental company’s behalf.
8. If changing your Booking would change the price or incur a cancellation fee, we will tell you in advance.
Changes made by us
9. If we/the Service Provider need to change your Booking (e.g. if the Service Provider can’t provide the car), we’ll tell you as soon as we can. If you don't accept that change, you’ll be entitled to cancel and claim a full refund (no matter how close the start of your Rental is) but we won’t have any additional liability for any direct or indirect costs you may incur (e.g. hotel room, taxis).
D7. What else do you need to know?
1. In all cases, drivers must be at least a minimum age to rent or drive a car. In some cases, they must also be below a maximum age. The limit(s) can vary by Service Provider, location, and type of car.
2. Only eligible drivers whose names appear on the Rental Agreement may drive the car.
3. You must not take the car to a different country/state/island and/or drop it off at a different location without arranging this in advance.
Late pick-up and early drop-off
4. If you pick your car up later (see D4.4 above) or drop it off earlier than agreed in your Booking Confirmation, the Service Provider will not refund you for the “unused” time.
How we work
5. For info on reviews, ranking, how we make money (and more), check out How We Work.
- E1. Scope of this section
- E2. Contractual relationship
- E3. What we will do
- E4. What you need to do
- E5. Price and payment
- E6. Amendments, cancellations, and refunds
- E7. What else do you need to know?
E1. Scope of this section
1. This section contains the specific terms for Flights products and services.
E2. Contractual relationship
1. Most Flights on our Platform are provided via a Third-Party Aggregator, which acts as an intermediary to the airline(s).
2. When you make a Booking, it’s directly with the airline. We’re not a “contractual party” to your Booking. When booking, you enter into (i) an Intermediation Contract with the Third-Party Aggregator (for the ticket) and (ii) a Contract of Carriage with the airline (for the Flight itself).
3. If you book any extras (e.g. additional baggage, insurance, etc.), you’ll enter into a direct contract with the Third-Party Aggregator or another company. We will not be involved in this contract.
4. We act solely as the Platform and are not involved in the Third-Party Terms. We are not responsible for your ticket or any extras you may buy and (to the fullest extent permitted by law) have no liability to you in relation to your Booking.
E3. What we will do
1. We provide the Platform on which Service Providers can promote and sell their Travel Experiences, and you can search for, compare, and book them.
2. Once you’ve booked your Flight, your Booking details (e.g. the names of the traveler(s)) will be provided to the Service Provider.
3. Depending on the Contract of Carriage, we may be able to help you change or cancel your Booking if you want to do so.
E4. What you need to do
1. You must fill in all your contact details correctly, so we and/or the Service Provider can provide you with information about your Booking and, if necessary, contact you.
2. You must read and agree to comply with our Terms and the Third-Party Terms (which will be displayed at check-out) and acknowledge that breaching them may lead to additional charges and/or the cancellation of your Booking.
E5. Price and payment
1. When you book a Flight, your payment will be organized by us, by the Third-Party Aggregator (or a party specified by them), or by a third party such as an airline. For details of how we organize payments (including the related rights and obligations), see “Payment” (A7) above.
E6. Amendments, cancellations, and refunds
1. You’ll find the cancellation policy in the Contract of Carriage, which is available while you’re booking your Flight.
2. There may be a fee for changing or canceling your Flight.
3. Airlines reserve the right to reschedule or cancel flights at their discretion.
4. Different tickets from the same airline may have different restrictions or include different services.
5. If you have any questions about changes, cancellations, or refunds, contact our Customer Service team.
E7. What else do you need to know?
1. Some airlines have “code share” agreements with other airlines. So you may buy your ticket from one airline (your “ticketing carrier”) but fly in a plane that’s owned by another airline (your “operating carrier”). In most cases like this, you’ll check in with your operating carrier, but confirm this with your ticketing carrier ahead of time.
2. While you’re booking your Flight, you’ll be informed if it’s a “code share” Flight.
Airline prohibited practices
3. Most airlines don’t allow people to buy tickets that include flights they don’t intend to use, for example, a round-trip ticket if the person doesn’t intend to use the return flight. For more examples, just enter “point-beyond ticketing,” “hidden-city ticketing,” or “back-to-back ticketing” into a search engine.
4. When you purchase a Flight, you agree not to do this, and to indemnify us against airline claims for any difference between the cost of your actual journey and the cost of the full journey specified on your ticket(s).
U.S. NOTICE - OVERBOOKING OF FLIGHTS:
Airline flights may be overbooked, and there is a slight chance that a seat will not be available on a flight for which a person has a confirmed reservation. If the flight is overbooked, no one will be denied a seat until airline personnel first ask for volunteers willing to give up their reservation in exchange for compensation of the airline's choosing. If there are not enough volunteers, the airline will deny boarding to other persons in accordance with its particular boarding priority. With few exceptions, including failure to comply with the carrier's check-in deadline, persons denied boarding involuntarily are entitled to compensation. The complete rules for the payment of compensation and each airline's boarding priorities are available at all airport ticket counters and boarding locations. Some airlines do not apply these consumer protections to travel from some foreign countries, although other consumer protections may be available. Check with your airline or your travel agent.
Use of flight segments
5. Most airlines require customers to use their flights in order. If you don’t take your first Flight, your airline may automatically cancel the rest of your itinerary.
6. If your airline does allow you to “skip” any Flights in your itinerary, make sure you cancel the Flight(s) you don’t want, in line with the cancellation policy. You may not be entitled to a full refund (or any refund) for these unused Flights.
7. If you buy two one-way tickets rather than a single round-trip ticket:
- you’ll be making two separate Bookings, each with its own rules and policies
- any changes to one Flight will not affect the other, for example, if your initial Flight is canceled, you won’t be guaranteed a refund for your second Flight.
8. If you’re traveling abroad, you may need to prove to the check-in and/or immigration staff that you have a return Flight (see “International travel” below for more on passports, visas, etc.).
Charges, taxes, and fees
9. Your fare will include any taxes and fees charged by an airline or government (except entry/exit fees – see “Entry/Exit fees” below). You may be responsible for dealing with any retroactive change in the tax rate.
10. Depending on which Flight you choose, you may be charged a service fee by us and/or the Third-Party Aggregator.
- Our service fee (if any) is a fee for using our Platform so you can buy a ticket from a Third-Party Aggregator. This fee includes any applicable VAT, GST, or similar taxes.
- The Third-Party Aggregator’s service fee (if any) is a fee for using them as an intermediary to the airline(s). This fee may include any applicable VAT, GST, or similar taxes.
11. The price of your ticket will include any service fee(s).
Fees for baggage and other extras
12. Your airline may charge for checked baggage, excess/overweight baggage, priority boarding, allocated seating, onboard entertainment, food and drink, and/or airport check-in.
13. If they do, the charge(s) will be on top of the price of your ticket (unless it’s expressly stated that your Flight includes the extra(s)).
SPECIAL BAGGAGE LIABILITY LIMITATIONS FOR U.S. TRAVEL: For domestic travel completely within the U.S., federal rules require any limit on a carrier’s baggage liability to be at least US $3,800 per passenger, or the amount currently mandated by 14 CFR 254.5.
- You must comply with all applicable airline boarding requirements, which include check-in times and gate arrival times. You must arrive at the airport with enough time to complete all boarding requirements.
- Failure to comply with boarding requirements may result in the airline canceling your itinerary.
14. It’s your responsibility to:
- carry a valid passport and/or visa if required
- comply with any entry requirements
- find out if you need a visa to pass through a country that isn’t your final destination
- check with the relevant embassy in advance to see if there’s been any change in passport, visa, or entry requirements
- review any warnings or advice from your country of residence/origin before you go to/through a country or region.
15. By arranging travel to or from any location, we are not guaranteeing that it is without risk and, to the fullest extent permitted by law, we will not be liable for any resulting damages or losses.
16. It’s not a common practice, but international law allows “disinfection” of aircrafts to kill insects. To do this, personnel might spray the aircraft’s cabin with an aerosol insecticide while passengers are on board, or treat its interior surfaces with a residual insecticide while they’re not on board. Before you travel, we advise you to find out about disinfection, including where it might happen.
Advice to International Passengers on Limitations of Liability:
Passengers traveling to a final destination or a stop in a country other than the country of departure are advised that the provisions of an international treaty (the Warsaw Convention, the 1999 Montreal Convention, or other treaty), as well as a carrier's own contract of carriage or tariff provisions, may be applicable to their entire journey, including any portion entirely within the countries of departure and destination. The applicable treaty governs, and may limit, the liability of carriers to passengers for death or personal injury, destruction or loss of, or damage to, baggage, and for delay of passengers and baggage.
Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier's liability under an international treaty. For further information, consult your airline or insurance company representative.
Dangerous Goods/Hazardous Materials
U.S. Federal law forbids transporting hazardous materials aboard aircraft, whether in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, bottled oxygen, and radio-pharmaceuticals. Lithium batteries are not allowed in checked luggage. There are special exceptions for small quantities (up to 70 ounces total) of medicines and toiletries carried in your luggage, and for certain smoking materials carried on your person. For further information contact your airline or see https://www.faa.gov/hazmat/packsafe/.
17. Fees charged by countries or airports to persons entering/leaving the country are not covered by your fare. Before you travel, we advise you to find out if you’ll have to pay this kind of fee.
UK: Your financial protection
18. ATOL Holder: Booking.com B.V.
19. ATOL License Number: 11967
20. Within the UK, we provide full financial protection for our ATOL-protected-flight-only sales by way of our Air Travel Organizer's License number 11967, issued by the Civil Aviation Authority, Aviation House, Beehive Ringroad, West Sussex, RH6 0YR, UK, telephone +44 (0)333 103 6350, email email@example.com.
21. When you buy an ATOL-protected flight from us, you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
22. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances, the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases, it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
23. If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit, you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be reassigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
EU: Passengers' rights under EU Regulation 261/2004
24. If your flight is delayed or canceled or you’re denied boarding, you may be entitled to compensation/assistance under EU Regulation 261/2004 if:
- You’re flying into the European Union (EU)
- You’re flying out of the EU
- Your Flight is provided by an EU airline
EU: Airline carrier liability under EU Regulation 889/2002
25. If there’s an accident that happens within the EU, EU Regulation 889/2002 might apply to you.
EU: Rights of disabled persons and persons with reduced mobility when traveling by air under EU Regulation 1107/2006
26. EU Regulation 1107/2006 provides for certain rights for people who are disabled or have reduced mobility.
How we work
27. For info on reviews, ranking, how we make money (and more), check out How We Work.
F. Private and public transportation
- F1. Scope of this section
- F2. Contractual relationship
- F3. What we will do
- F4. What you need to do
- F5. Price and payment
- F6. Amendments, cancellations, and refunds
- F7. What else do you need to know?
F1. Scope of this section
1. This section contains the specific terms for Private and Public Transportation products and services.
F2. Contractual relationship
1. When you pre-book Private or Public Transportation, your Booking will be directly with the Service Provider. When you book an On-Demand Private Transportation, your Booking will be with the Third-Party Aggregator. In all cases, our Terms will govern the booking process.
2. Pre-Booked Private Transportation. You and the Service Provider both agree to comply with these Terms.
3. Public Transportation and On-Demand Private Transportation. You’ll be provided with the Service Provider’s terms during the booking process. If there is any discrepancy between their terms and our Terms, their terms will apply.
4. On-Demand Private Transportation. By making a Booking, you are confirming that you:
- have read and accept the Service Provider's terms
- agree to contact the Service Provider directly about anything that goes wrong
- understand that the Service Provider is responsible for arranging and providing your Private Transportation, choosing routes, setting prices, and providing all relevant information
- accept that we just provide a booking platform (i.e. an API service), and will not be liable for any loss you suffer because of anything the driver/Service Provider does or does not do.
Not all Service Providers have their own terms, but you’re welcome to check out all the terms that we’ve been provided with.
F3. What we will do
1. We provide the Platform on which Service Providers can promote and sell their Travel Experiences, and you can search for, compare, and book them.
2. Once you’ve made your Booking, we’ll give the Service Provider your details (e.g. your name, phone number, and pick-up location).
3. All Private Transportation. We’ll give you the Service Provider's contact details.
4. Pre-Booked Private Transportation. We’ll make sure the Service Provider knows what size vehicle you’ve requested.
5. Public Transportation. We’ll give you (or tell you how to collect) your ticket(s).
F4. What you need to do
1. You must check the details of your Booking carefully, and provide all the information we need to arrange your Booking (your requirements, contact details, etc.).
2. You must make sure everyone in your group complies with our Terms and (where applicable) the Service Provider’s terms, which you saw and accepted during the booking process. You acknowledge that if you breach them:
- you might have to pay additional charges
- your Booking might be canceled
- your driver may refuse to transport you.
3. Bear in mind that estimated journey times don’t take traffic conditions into account.
4. All Private Transportation. You must make sure all passengers are at the pick-up location on time.
5. All Private Transportation. At and around your pick-up time, you must have the phone (whose number you entered when booking) turned on and able to receive calls/texts, in case the driver needs to contact you. We can't guarantee they’ll be able to reach you through messaging applications such as WhatsApp or Viber.
6. Pre-Booked Private Transportation. For any airport pick-up, you must give us your flight details at least 24 hours before your pick-up time, so your Service Provider can adjust it if your flight is delayed. If they can’t provide Private Transportation following a flight delay or cancellation, contact our Customer Service team.
7. Public Transportation. You must make sure all passengers arrive on time, leaving enough time to collect tickets if necessary.
8. You must be 18 or older to make a Booking, and any passenger under 18 must be accompanied by a responsible adult.
9. You must make sure no passenger behaves inappropriately (e.g. being abusive or doing anything that might endanger someone).
10. You must make sure you choose Public/Private Transportation that’s suitable (in terms of party size, amount of luggage, accessibility requirements, etc.).
F5. Price and payment
1. Booking.com Transport Limited is the merchant of record for your Booking. For details of our payment process, see “Payment” (A7) above.
2. Pre-Booked Private Transportation. Price includes any tolls, traffic charges, taxes, and peak surcharges. Payment is taken at the time of booking.
3. On-Demand Private Transportation. Price will be confirmed (and payment taken) when your driver drops you off. The price might be different from the price estimated when you booked. You are responsible for any tolls, traffic charges, taxes, peak surcharges, and tips.
4. Public Transportation. Payment is taken when your Booking is confirmed. Before departure, the Service Provider may need to see your ticket(s)/e-ticket(s). Keep it/them with you at all times, or you might have to pay again.
5. The Service Provider/driver doesn’t have to agree to any changes to the Journey that you request in person. If they do, they may charge extra.
F6. Amendments, cancellations, and refunds
1. In most cases...
- Pre-Booked Private Transportation. You can cancel for free up to 24 hours before your pick-up time (2 hours in some cases – see your confirmation). If you don't cancel on time, you won't be entitled to a refund.
- On-Demand Private Transportation. You can cancel anytime before your pick-up time, but the Service Provider may charge you a cancellation fee.
- Public Transportation. You probably won’t be entitled to a refund once your Booking is confirmed. If your plans change, contact our Customer Service team to discuss any options that might be available.
2. If your Service Provider has a different cancellation policy (which you’ll see while booking), their policy will apply instead.
3. We and/or the Service Provider may cancel the Booking with little or no notice, but this would only happen in very specific situations. For example, if:
- the Service Provider becomes insolvent or is genuinely unable to honor your Booking, in which case we'll do our best to arrange alternative transport (and we'll refund you in full if we can't)
- you breach these Terms and/or the Service Provider's terms, in which case you won't be entitled to any refund.
Amendments (changes) before your Journey begins
4. Pre-Booked Private Transportation. Your confirmation email will tell you how much notice you need to give (ahead of your pick-up time) to request any changes to your Booking (such as location or time).
5. On-Demand Private Transportation. To change your Booking, you may need to cancel it (which might incur a cancellation fee) and make a new one.
6. Public Transportation. You can’t change your Booking once it's confirmed.
7. If we/the Service Provider need to change your Booking (e.g. a strike that interferes with your journey), we’ll tell you as soon as we can. If you then decide to cancel:
- Any Transport. Unless you cancel for one of the reasons in the next bullet, you’ll be entitled to a full refund (no matter how close your journey is).
- Any Private Transportation. If the change is simply a new driver, a new Service Provider, or a new (similar) vehicle, you won’t be entitled to a refund (unless you’re canceling with enough notice).
Either way, neither we nor the Service Provider will be liable for any costs you may incur (e.g. alternative transport, hotel rooms).
8. If you want to apply for a refund, you must do so in writing no more than 14 days after your pick-up time.
9. Any refund may take up to 5 business days to arrive in your account.
10. All Private Transportation. If your driver isn’t at the pick-up location on time, you can apply for a refund, and we’ll investigate this for you.
11. All Private Transportation. You won't be entitled to a refund if your ride doesn't go ahead as planned because:
- the driver/Service Provider can't contact you
- one or more passengers isn't at the pick-up location on time, and you haven't requested a new pick-up time
- you request unreasonable changes to the pick-up time or Journey
- you don’t tell us/the Service Provider/the driver about a change you want to make
- you’d provided incorrect details when booking your Private Transportation (e.g. pick-up location, contact details, number of people, amount of luggage, etc.)
- of something that one or more passengers did/didn’t do.
F7. What else do you need to know?
Pre-Booked Private Transportation
1. Check your confirmation email to see how long the driver will wait at the pick-up location.
On-Demand Private Transportation
2. The driver may not wait beyond the pick-up time, If they do, they may charge you for the time spent waiting. If you aren’t at the pick-up location on time, you may be charged a cancellation fee.
Repair or cleaning charges
3. If anything needs to be repaired or cleaned because someone in your group has done something unreasonable or is in breach of these terms, you’ll be responsible for the cost of repairs/cleaning.
How we work
4. For info on reviews, ranking, how we make money (and more), check out How We Work.
We do not (re)sell, offer, or provide any cruises on our own behalf. Booking.com Cruises are offered and sold by World Travel Holdings, Inc. (“WTH”). When you call Booking.com Cruises or visit https://cruises.booking.com, you’re interacting directly with WTH. When you book a cruise, you’re entering into a contract with WTH and are subject to WTH’s Terms and Conditions. Booking.com is not responsible for your cruise and (to the fullest extent permitted by law) has no liability to you in relation to your booking.
“Account” means an account (with Booking.com or a Group Company), through which you can book Travel Experiences on our Platform.
“Accommodation” means the provision of an accommodation service by a Service Provider (throughout Section B, “Service Provider” means the provider of the accommodation service).
“Attraction” means the provision of an Attraction service by a Service Provider (throughout Section C, “Service Provider” means the provider of the Attraction service).
“Attraction service(s)” includes, but is not limited to, tours, museums, attractions, activities, and experiences.
“Booking” means the booking of a Travel Experience on our Platform, whether you pay for it now or later.
“Booking.com,” “us,” “we,” or “our” means Booking.com B.V. (for accommodation, flights, or attractions) or Booking.com Transport Limited (for any ground transport service). Corporate contact
“Booking Confirmation” (in the “Car rentals” section) means the confirmation email and coupon we send you, explaining the details of your Booking.
“Cash Credits” means a benefit with a monetary value that you can “cash out” to the Payment Method that we have on file for you, or put toward the cost of a future Travel Experience.
“Contract of Carriage” means the contract between you and the Service Provider, which deals with your Flight.
“Credits” means a benefit with a monetary value. There are “Cash Credits” and “Travel Credits.”
“Credit Card Cashback” means a benefit with a monetary value that can be cashed out to the credit card that we have on file for you, but can’t be put toward the cost of a future Travel Experience.
“Currency Conversion Rate” means the rate that we use to convert currency; this is currently the WM/Refinitiv Closing Spot Rate, but this may change.
“Eligible Booking” means a Booking that meets the criteria to qualify for a Reward.
“Flight” means the provision of a flight by a Service Provider (throughout Section E, “Service Provider” means the airline).
“Group Company” means an affiliate of Booking.com – either a direct shareholding of Booking.com or part of the Booking Holdings Inc. group.
“Individual Reward Criteria” means rules that apply to certain Rewards in addition to the general “Rewards, Credits, & Wallet” terms (A13) above.
“Intermediation Contract” (in the “Flights” section) means the contract between you and the Third-Party Aggregator, which deals with the way they arrange your Flight ticket (and, in some cases, any extras) with the airline or another company.
“Main Driver” means the driver whose details were entered during the booking process, the only person who can change or cancel that Booking, or discuss it with us (unless they tell us they nominate someone else to do this).
“On-Demand Private Transportation” means a private vehicle that you request when you arrive at the pick-up location (or just before).
“Our Services” (in the “Car rentals” section) means our online car rental reservation system, through which Service Providers can offer their products and services, and you can book them.
“Pay In Your Own Currency” means the payment option that we sometimes offer when a Service Provider doesn’t use your currency. This option lets you pay in your currency instead.
“Payment Method” means the method (e.g. credit card, debit card, bank account, PayPal, ApplePay, etc.) used to make a payment or transfer money.
“Pick-up” (in the “Car rentals” section) means the process at the start of your Rental, when you provide the required ID and other documentation, pay for any fees and additional extras, enter into the Rental Agreement, and collect your car.
“Pick-up Time” (in the “Car rentals” section) means the (local) date and time you’re due to pick up your car, as stated in your Booking Confirmation.
“Pick-up Time” (in the “Private and Public Transportation” section) means the (local) time when a Pre-Booked Private Transportation is due to reach the pick-up location, or when an On-Demand Private Transportation actually reaches the pick-up location.
“Platform” means the website/app on which you can book Travel Experiences, whether owned or managed by Booking.com or by a third-party affiliate.
“Pre-Booked Private Transportation” means a private vehicle that you request at least 2 hours before you arrive at the pick-up location.
“Private Transportation Journey” means the private transportation journey as set out in the Booking (including any changes after the Booking was made).
“Public Transportation” means trains, buses, trams, and other types of public transportation.
“Public Transportation Journey” means the public transportation journey as set out in the Booking (including any changes after the Booking was made).
“Rental” (or “Car Rental”) means the provision of a car by a Service Provider (throughout Section D, “Service Provider” means the rental company that provides the car).
“Rental Agreement” means the contract between you and the Service Provider, which you sign at pick-up. You’ll be provided with a summary of the key terms during the booking process.
“Rewards” means a benefit that you are promised. In most cases, Rewards will be Travel Credits, Cash Credits, a Credit Card Cashback, or a coupon for an item of some kind.
“Service Provider” means the provider of a travel-related product or service on the Platform, including but not limited to the owner of a hotel or other property (for an “accommodation” Booking), a museum or park (for an “attraction” Booking), or a car rental company or airline (for a “transport” Booking).
“Services” (in the “Private and Public Transportation” section) means the provision of a Public Transportation Journey or Private Transportation Journey.
“Terms” means these terms of service.
“Third-Party Aggregator” means a company that acts as either (a) an intermediary between you and the Service Provider or (b) a reseller of the Travel Experience.
“Third-Party Terms” (in the “Flights” section) means both the Intermediation Contract and the Contract of Carriage.
“Travel Credits” means a benefit with a monetary value that you can put toward the cost of a future Travel Experience, but can’t “cash out.”
“Travel Experience” means one of the travel-related products or services on the Platform.
“Upfront Payment” means a payment that you make when you book a product or service, rather than when you actually use it.
“Wallet” means a dashboard in your Account that shows your Rewards, Credits, and other incentives.
DATE: November 17, 2023
For reservations made before February 14, 2022
- Code of Good Practices
- Introduction TCs
- Scope & Nature of Our Service
- Prices, We Price Match, and offers facilitated by a partner company
- Privacy and Cookies
- Free of charge for consumers, only Trip Providers pay!
- Credit Card or Bank Transfer
- Prepayment, Cancellation, No-shows, and The Fine Print
- (Further) Correspondence and Communication
- Ranking, Preferred Program, Stars and Guest Reviews
- Intellectual Property Rights
- Applicable law, jurisdiction & dispute resolution
- About Booking.com and the support companies
- Governing Law and Disputes
Code of Good Practices
Our mission is to empower people to experience the world, by offering the world's best places to stay and greatest places and attractions to visit in the most convenient way. In order to achieve this goal, we will live up to the following good practices:
- We care about you: and therefore offer our Platform and customer service in 40+ languages
- We bring and allow you to experience: 1.5m+ properties from high (high) end to whatever serves your needs for your next stay in a hotel, motel, hostel, B&B, etc. wherever on the planet
- We bring and allow you to experience attractions and other Trip Providers
- We can facilitate the payment of any (entrance) fee, purchase or rental of any Trip product and service which uses our payment service
- We help you (24/7): our customer service centers are here to help you 24-7-365-40+
- We listen to you: our Platform is the product of what YOU (the users) prefer and find most convenient when using our service
- We hear you: we show uncensored reviews (of customers who have actually stayed)
- We promise you an informative, user-friendly website that guarantees the best available prices.
- We Price Match
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email, or by telephone. By accessing, browsing, and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the "Platform") and/or by completing a reservation, you acknowledge and agree to have read, understood, and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content, and infrastructure of these pages and the online reservation service (including the facilitation of payment service) provided by us on these pages and through the website are owned, operated, and provided by Booking.com B.V. and are provided for your personal, non-commercial (B2C) use only, subject to the terms and conditions set out below. The relationship that we have with the Trip Providers are governed by separate terms and conditions which govern the (B2B) commercial relationship we have with each of these Trip Providers. Each Trip Provider acts in a professional manner vis-à-vis Booking.com when making its product and/or service available on or through Booking.com (both for its business-to-business ("B2B") and/or business-to-consumer ("B2C") relationship). Note that Trip Providers may have, declare applicable, and/or require (acceptance of) – in addition to the policies and fine print as disclosed on the website, their own (delivery/shipping/carriage/usage) terms and conditions and house rules for the use, access, and consummation of the Trip (which may include certain disclaimers and limitations of liability).
"Booking.com," "us," "we," or "our" means Booking.com B.V., a limited liability company incorporated under the laws of the Netherlands, and having its registered address at Herengracht 597, 1017 CE, Amsterdam, the Netherlands. "Platform" means the (mobile) website and app on which the Trip Service is made available owned, controlled, managed, maintained, and/or hosted by Booking.com. "Trip" means the various different travel products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined, or consummated by you from the Trip Provider.
"Trip Provider" means the provider of accommodations (e.g. hotel, motel, apartment, bed & breakfast), attractions (e.g. (theme) parks, museums, sightseeing tours), transportation provider (e.g. car rentals, cruises, rail, airport rides, bus tours, transfers), tour operators, travel insurances, and any other travel or related product or service as from time to time available for Trip Reservation on the Platform (whether B2B or B2C).
"Trip Service" means the online purchase, order, (facilitated) payment, or reservation service as offered or enabled by Booking.com in respect to various products and services as from time to time made available by Trip Providers on the Platform.
"Trip Reservation" means the order, purchase, payment, booking, or reservation of a Trip.
1. Scope & Nature of Our Service
Through the Platform, we (Booking.com B.V. and its affiliate (distribution) partners) provide an online platform through which Trip Providers can advertise, market, sell, promote, and/or offer (as applicable) their products and service for order, purchase, reservation, rent, or hire, and through which relevant visitors of the Platform can discover, search, compare, and make an order, reservation, purchase, or payment (i.e. the Trip Service). By using or utilizing the Trip Service (e.g. by making a Trip Reservation through the Trip Service), you enter into a direct (legally binding) contractual relationship with the Trip Provider in which you make a reservation or purchase a product or service (as applicable). From the point at which you make your Trip Reservation, we act solely as an intermediary between you and the Trip Provider. We transmit the relevant details of your Trip Reservation to the relevant Trip Provider(s), and send you a confirmation email for and on behalf of the Trip Provider. Booking.com does not (re)sell, rent out, offer any (travel) product or service.
For customers within the European Economic Area ("EEA"), Switzerland, and the United Kingdom the following applies. Based on self-declaration, we request Trip Providers globally to indicate to us if they—in the context of EU consumer law—act as a private host (non-trader) rather than as a professional host (trader). If a Trip Provider indicates to us that it acts as a private host (or does not expressly indicate anything to us in this regard but based on information available to us cannot be clearly categorized as a professional host), such Trip Provider is labeled on the search result page as "managed by a private host" and the following explanation is added:
"This property is managed by a private host. EU consumer law relating to professional hosts might not apply. Hosts who have registered with Booking.com as a private host are parties that rent out their property or properties for purposes that are outside their trade, business, or profession. They aren't officially traders (like a global hotel chain) and therefore may not fall under the same consumer protection rules under EU law, but don’t worry – Booking.com provides you with the same customer service as we do with any stay. This doesn’t mean that your stay or experience will be any different than booking with a professional host."
Trip Providers that aren't labeled as private hosts on our Platform act—to our best knowledge—as a professional host under EU consumer law. The qualification as "private host" is only relevant for the purpose of EU consumer law and has no relevance for tax purposes, including VAT or any other similar indirect taxes levied by reference to added value, or sales and/or consumption.
When rendering our Trip Service, the information that we disclose is based on the information provided to us by Trip Providers. As such, the Trip Providers that market and promote their Trips on the Platform are given access to our systems and Extranet through which they are fully responsible for updating all rates/fees/prices, availability, policies, conditions, and other relevant information that gets displayed on our Platform. Although we will use reasonable skill and care in performing our Trip Service, we will not verify and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade, or maintenance of our Platform or otherwise), inaccurate, misleading, or untrue information, nor non-delivery of information. Each Trip Provider remains responsible at all times for the accuracy, completeness, and correctness of the (descriptive) information (including the rates/fees/prices, policies, conditions, and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, (star) rating, or type of accommodation of any Trip Provider (or its facilities, venue, vehicles, (main or supplemental) products or services) made available, unless explicitly indicated or set out otherwise.
Our Trip Service is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep link, use, copy, monitor (e.g. spider, scrape), display, download, or reproduce any content or information, software, reservations, tickets, products, or services available on our Platform for any commercial or competitive activity or purpose.
2. Prices, We Price Match, and offers facilitated by a partner company
The prices as offered by the Trip Providers on our Platform are highly competitive. All prices for your Trip are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently on our Platform or the confirmation email/ticket. Ticket prices are per person or group and subject to validity or expiration as indicated on the ticket, if applicable. Applicable fees and taxes (including tourist/city tax) may be charged by the Trip Provider in the event of a no-show or cancellation.
Sometimes cheaper rates are available on our Platform for a specific stay, product, or service, however, these rates made available by Trip Providers may carry special restrictions and conditions, for example non-cancelable and non-refundable. Check the relevant product, service, and reservation conditions and details thoroughly for any such conditions prior to making your reservation.
We want you to pay the lowest price possible for your product and service of choice. Should you find your property of choice booked through the Platform, with the same Trip conditions, at a lower rate on the Internet after you have made a reservation through us, we will match the difference between our rate and the lower rate under the terms and conditions of the We Price Match. Our We Price Match promise does not apply to non-accommodations related products and services.
The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such. If they are not labeled as such, you cannot derive any rights in the event of obvious errors or mistakes.
Booking.com may display offers that are not directly sourced from Trip Providers, but are facilitated by a Booking.com partner company, such as another platform (Partner offer). Partner offers will be clearly displayed and distinguished from the regular offers directly sourced from Trip Providers and have the following special conditions, unless mentioned otherwise on our Platform:
- Price policy: As displayed on our Platform.
- Pay in advance: You’ll pay securely with Booking.com at the time of the booking.
- No modifications: Once your booking is complete, any changes to your personal or booking details won't be possible. Requests can be made directly with the property but are not guaranteed.
- Can't combine with other offers: Other promotions, incentives, and rewards are not eligible on the booking.
- No guest review: It’s not possible to leave a guest review on our Platform.
3. Privacy and Cookies
Booking.com respects your privacy. Please take a look at our Privacy and Cookies Policy for further information.
4. Free of charge for consumers, only Trip Providers pay!
Unless indicated otherwise, our service is free of charge for consumers because, unlike many other parties, we will not charge you for our Trip Service or add any additional (reservation) fees to the rate. You will pay the Trip Provider the relevant amount as indicated in the Trip Reservation (plus—insofar not included in the price—relevant applicable taxes, levies, and fees (if applicable)).
Trip Providers pay a commission (being a small percentage of the product price (e.g. room price)) to Booking.com after the end user has consummated the service or product of the Trip Provider (e.g. after the guest has stayed at (and paid) the accommodations). Trip Providers can improve their ranking by increasing their commission (Visibility Booster). The use of the Visibility Booster (by increasing the commission in return for a better position in the ranking) is at each Trip Provider's discretion and may be used from time to time and product to product offered. The algorithm of the ranking will take an increase in commission into account when determining the Default Ranking. Preferred partners pay a higher commission in return for a better position in the ranking.
Only Trip Providers which have a commercial relationship with Booking.com (through an agreement) will be made available on Platform (for their B2B and/or B2C promotion of their product). Booking.com is not an open platform (like Amazon or eBay) where end users can make their product available (no C2C platform); Booking.com does not allow non-professional parties to offer or sell their products on or through Booking.com.
5. Credit Card or Bank Transfer
If applicable and available, certain Trip Providers offer the opportunity for Trip Reservations to be paid (wholly or partly and as required under the payment policy of the Trip Provider) to the Trip Provider during the Trip Reservation process, by means of secure online payment (all to the extent offered and supported by your bank). For certain products and services, Booking.com facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Trip Provider (Booking.com never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation provider through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Trip Provider will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement (bevrijdende betaling) of such (partial) due and payable price and you cannot reclaim such paid monies.
For certain (non-refundable) rates or special offers, note that Trip Providers may require that payment be made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorized or charged (sometimes without any option for refund) upon making the Trip Reservation. Check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your Trip Reservation. You will not hold Booking.com liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Trip Provider and not (re)claim any amount for any valid or authorized charge by the Trip Provider (including for pre-paid rates, no-show, and chargeable cancellation) of your credit card.
In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you due to unauthorized transactions resulting from a reservation made on our Platform, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to indemnify you, please report fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately. Please provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Booking.com's secure server and the unauthorized use of your credit card resulting through our default or negligence and through no fault of your own while using the secure server.
6. Prepayment, Cancellation, No-shows, and The Fine Print
By making a Trip Reservation with a Trip Provider, you accept and agree to the relevant cancellation and no-show policy of that Trip Provider, and to any additional (delivery) terms and conditions of the Trip Provider that may apply to your Trip (including the fine print of the Trip Provider made available on our Platform and the relevant house rules of the Trip Provider), including for services rendered and/or products offered by the Trip Provider. The relevant (delivery/purchase/use/carrier) terms and conditions of a Trip Provider can be obtained with the relevant Trip Provider. The general cancellation and no-show policy of each Trip Provider is made available on our Platform on the Trip Provider information pages, during the reservation procedure and in the confirmation email or ticket (if applicable). Note that certain rates, fees, or special offers are not eligible for cancellation, refund, or change. Applicable city/tourist tax may still be charged by the Trip Provider in the event of a no-show or charged cancellation. Check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Note that a Trip Reservation which requires down payment or (wholly or partly) prepayment may be canceled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Trip Provider and the reservation. Cancellation and prepayment policies may vary per segment, product, or service of each Trip. Carefully read The Fine Print (below the Trip types or at the bottom of each Trip Provider page on our Platform) and important information in your reservation confirmation for additional policies as may be applied by the Trip Provider (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards, or insufficient funds are for your own risk and account, and you will not be entitled to any refund of any (non-refundable) prepaid amount unless the Trip Provider agrees or allows otherwise under its (pre)payment and cancellation policy.
If you want to review, adjust, or cancel your Trip Reservation, revert to the confirmation email and follow the instructions therein. Note that you may be charged for your cancellation in accordance with the Trip Provider's cancellation, (pre)payment and no-show policy, or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation, and remember to make further payments on time as may be required for the relevant reservation.
If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Trip Provider so they know when to expect you to avoid cancellation of your Trip (Reservation) or charge of the no-show fee. Our customer service department can help you if needed with informing the Trip Provider. Booking.com does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Trip Provider.
7. (Further) Correspondence and Communication
By completing a Trip Reservation, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third-party offers to the extent that you have actively opted in for this information) relevant to your Trip (Reservation) and destination, (ii) an email after arrival to rate the (experience with your) Trip Provider and the Trip Service, and (iii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. See our privacy and cookies policy for more information about how we may contact you.
Booking.com disclaims any liability or responsibility for any communication by or with the Trip Provider on or through its platform. You cannot derive any rights from any request to, or communication with the Trip Provider or (any form of) acknowledgement of receipt of any communication or request. Booking.com cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed, or accepted by the Trip Provider.
In order to duly complete and secure your Trip Reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address, or inaccurate or wrong (mobile) phone number or credit card number.
Any claim or complaint against Booking.com or in respect to the Trip Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. check out date). Any claim or complaint that is submitted after the 30 days period may be rejected, and the claimant will forfeit the right to any (damage or cost) compensation.
Due to the continuous update and adjustments of rates and availability, we strongly suggest to make screenshots when making a reservation to support your position (if needed).
8. Ranking, Preferred Program, Stars and Guest Reviews
We aim to display search results that are relevant to you by providing a personalized default ranking of Trip Providers on our Platform. You can scroll through this default ranking, use filters, and sort by alternative ranking orders and thus have the ability to influence the presentation of search results to receive a ranking order based on other criteria. We use multiple algorithms to produce default ranking results, a process that's constantly evolving.
Booking.com has identified the following parameters to be most closely correlated with you finding a suitable Trip Provider and thus prioritizes these parameters in the algorithms (main parameters): Your personal search history, the rate of "click-through" from the search page to the hotel page ("CTR"), the number of bookings related to the number of visits to the Trip Provider page on the Platform ("Conversion"), gross (including cancellations) and net (excluding cancellations) bookings of a Trip Provider. Conversion and CTR may be affected by various (stand-alone) factors including review scores (both aggregate scores and components), availability, policies, (competitive) pricing, quality of content, and certain features of the Trip Provider. The commission percentage paid by the Trip Provider or other benefits to us (e.g. through commercial arrangements with the Trip Provider or strategic partners) may also impact the default ranking, as well as the Trip Provider’s record of on-time payment. The Trip Provider can also influence its ranking by participating in certain program, which may be updated from time to time, such as the Genius program, deals, the Preferred Partner Program, and the visibility booster (the latter two involve the Trip Provider paying us a higher commission).
Accommodations' star ratings on Booking.com are not determined by Booking.com. Star ratings are either determined by properties themselves, or else by an independent third-party provider of (objective) star ratings. Deals are shown on the basis of the number of stars (low-to-high/high-to-low) that providers give to Booking.com. Depending on (local) regulations, the star classifications are either assigned by an (independent) third party, e.g. an (official) hotel rating organization or based on the accommodation providers opinion of themselves, regardless of objective criteria. Booking.com does not review nor impose formal obligations on star ratings. Overall, the star classification is a representation of how the accommodation compares to the legal requirements (if applicable) or, if not regulated, the sector or (customary) industry standards in terms of price, facilities, and available services (these requirements and standards vary between countries and organizations).
In order to make it easier for customers to find the right match to their travel preferences, Booking.com may assign a quality rating, which is determined by Booking.com and displayed as a yellow tile, to certain accommodations. In order to determine the comparable set, the quality rating is based on many (400+) features that can be divided over 5 major categories: (i) facilities/amenities/services offered by the accommodation on Booking.com, (ii) property configuration such as unit size, number of rooms, and occupancy, (iii) number and quality of the photos uploaded by the accommodation, (iv) average guest review score as well as some subscores (e.g. cleanliness) because those are proven to be particularly helpful for customers in assessing the quality of certain accommodations, and (v) anonymized and aggregated historical booking data (e.g. to assess the star rating of booked accommodations). We use these multiple features to derive statistical patterns. Based on these inputs, a machine-learning-based analysis is conducted which results in a quality rating (between 1–5, displayed by using 1–5 yellow tiles next to the name of the property) being automatically calculated and awarded to the accommodation.
Only customers who have stayed at the Accommodation will be invited by Booking.com to comment on their stay at the relevant accommodations and to provide a score for certain aspects of their stay or may receive a rating request during their stay. The completed guest review (including submitted rating during your stay) may be (a) uploaded onto the relevant Trip Provider's information page on our Platform for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Trip Provider, and (b) (wholly or partly) used and placed by Booking.com at its sole discretion (e.g. for marketing, promotion, or improvement of our services) on our Platform or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by Booking.com and our business partners. In order to offer and maintain recent (and therefore relevant) reviews, reviews can only be submitted within a limited period of time (3 months) after a stay, and each review will only be available for a limited period of time (up to 36 months) after posting. The default ranking of the reviews is by date of submission relative to a few additional criteria (such as language, reviews with comments), whereas a review of a customer who [always] submits comprehensive and detailed reviews (aka "Property Scout") may be ranked on top. You have the option to choose various forms of rankings and filters (e.g. by audience, date, language, score). Booking.com does allow the Trip Provider to respond to a review. We reserve the right to adjust, refuse, or remove reviews at our sole discretion insofar as it violates our review policy. Booking.com does not compensate or otherwise reward customers for completing a review. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations, or incentives whatsoever. Booking.com undertakes its best efforts to monitor and remove reviews that include obscenities, mentions of an individual’s name, or references to stolen goods.
Booking.com will not accept reviews which include:
- Profanity, sexually explicit, hate speech, discriminatory, threats, violence
- Mention of full names, personal attack towards the staff
- Promoting illegal activities (e.g. drugs, prostitution)
- Sites, emails, and addresses, phone numbers, cc details
- Politically sensitive comments
Booking.com and the Trip Provider are each entitled to terminate their relationship for whatever reason (including in the event of breach of contract or (filing for) bankruptcy) with due observance of the relevant notice period as agreed between both parties.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we will only be liable for direct damages actually suffered, paid, or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the Trip Reservation confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents will be liable for (i) any punitive, special, indirect, or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability, and ratings) of the Trip Provider as made available on our Platform, (iii) the services rendered or the products offered by the Trip Provider or other business partners, (iv) any (direct, indirect, consequential, or punitive) damages, losses, or costs suffered, incurred, or paid by you, pursuant to, arising out of or in connection with the use, inability to use, or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential, or punitive) damages, losses, or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Trip Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors, or affiliated companies) whose products or service are (directly or indirectly) made available, offered, or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure, or any other event beyond our control.
Booking.com is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness, and due disclosure of the Trip and makes no representations, warranties, or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose. You acknowledge and agree that the relevant Trip Provider is solely responsible and assumes all responsibility and liability in respect of the Trip (including any warranties and representations made by the Trip Provider). Booking.com is not a (re)seller of the Trip. Complaints or claims in respect of the Trip (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Trip Provider. Booking.com is not responsible for and disclaims any liability in respect of such complaints, claims, and (product) liabilities.
Whether or not the Trip Provider has charged you for your Trip, or if we are facilitating the payment of the (Trip) price or fee, you agree and acknowledge that the Trip Provider is at all times responsible for the collection, withholding, remittance, and payment of the applicable taxes due on the total amount of the (Trip) price or fee to the relevant tax authorities. Booking.com is not liable or responsible for the remittance, collection, withholding, or payment of the relevant taxes due on the (Trip) price or fee to the relevant tax authorities. Booking.com does not act as the merchant of record for any product or service made available on the Platform.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that Booking.com may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Booking.com at its discretion sees fit. You are granting Booking.com a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Booking.com at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, property owners) due to Booking.com publishing and using these photos/images. Booking.com does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of Booking.com. Booking.com disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Booking.com at any time and without prior notice.
Booking.com has the right to—with immediate effect—deny or limit access to our Platform, our (customer) service and/or your Booking.com account, to cancel a confirmed reservation, and/or prevent a reservation from being made by you in the event of any alleged or reasonably suspected (i) form of fraud or abuse, (ii) non-compliance with applicable laws and/or regulations, (iii) non-compliance with Booking.com values and guidelines, (iv) inappropriate or unlawful behavior, which includes (but not limited to) the following: Violence, threat, harassment, discrimination, hate speech, endangerment, invasion of privacy, human trafficking, exploitation of children, and obscenity in relation to Booking.com (or its employees and agents), the Trip Provider (or its employees and agents), and/or third parties, or (v) other circumstances that—at Booking.com's sole discretion—reasonably justify Booking.com taking any of the measures above.
10. Intellectual Property Rights
Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Booking.com B.V., its Trip Providers or providers.
Booking.com exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Booking.com. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
11. Applicable law, jurisdiction & dispute resolution
The original UK English version of these Terms and Conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the UK English version and any other language version of these terms and conditions, the UK English language version to the extent permitted by law shall apply, prevail and be conclusive. The UK English version is available on our Platform (by selecting "English (UK)" language) or shall be sent to you upon your written request.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
12. About Booking.com and the support companies
The Trip Service is rendered by Booking.com B.V., which is a private limited liability company, incorporated under the laws of the Netherlands and having its offices at Herengracht 597, 1017 CE Amsterdam, the Netherlands and registered with the trade register of the Chamber of Commerce in Amsterdam under registration number 31047344. Our VAT registration number is NL805734958B01.
Booking.com has its headquarters in Amsterdam, the Netherlands and is supported by various affiliated group companies (the "support companies") throughout the world. The support companies only provide an internal supporting role to and for the benefit of Booking.com. Certain designated support companies render limited customer care support services (only by telephone). The support companies do not have any Platform (and do not in any way control, manage, maintain, or host the Platform). The support companies do not have any power or authority to render the Trip Service, to represent Booking.com, or to enter into any contract in the name of, for or on behalf of Booking.com. You do not have a (legal or contractual) relationship with the support companies. The support companies do not operate and are not authorized to act as any form of process or service agent of Booking.com. Booking.com does not accept nor assume any domicile at any place, location, or office in the world (also not at the office of its support companies), other than its registered office in Amsterdam.
13. Governing Law and Disputes
Booking.com is committed to customer satisfaction. We will try to resolve any concerns or problems with our services that you have. If we are unsuccessful, you may pursue a claim against Booking.com as explained in this Disputes provision. This Disputes provision lays out: (1) the initial process you must follow by reporting your claim to Booking.com prior to filing any arbitration or law suit in accordance with this Disputes provision; and, if we are unable to resolve your claim, (2) the recourse that you have to arbitration.
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Dutch law. By using this website, you agree that any and all disputes arising out of or relating to your use of this website, or other services provided by Booking.com or the support companies in connection with your use of this website (including the interpretation and scope of this clause and the arbitrability of the dispute), will be resolved via mandatory, binding arbitration.
Nothing in this Disputes provision shall be read to create any legal rights that do not otherwise exist under the law or constitute any waiver of any personal jurisdiction defense, nor shall this Disputes provision give you the right to pursue any claim for relief that is not cognizable under the law.
Arbitration shall be initiated through and administered by the American Arbitration Association (“AAA”). Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that Booking.com will select an alternative arbitral forum, and that you will agree in writing to administration of the arbitration by the alternative arbitral forum selected by Booking.com.
In order to initiate arbitration, you and Booking.com each will be responsible for paying the filing fees required by the AAA. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Booking.com will pay as much of your filing fee in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation.
Arbitration will be conducted in accordance with the AAA’s rules. If there is a conflict between the AAA’s rules and this Disputes provision, the terms of this Disputes provision will govern. The rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If the AAA is unable or unwilling to administer the arbitration for any reason, then arbitration will proceed in a substantially similar fashion as it would under the AAA’s rules.
The arbitration will be conducted by one arbitrator, who will be appointed by the AAA. You agree that the arbitration will be conducted in the English language. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you request an in-person or telephonic hearing or the arbitrator determines that an in-person or telephonic appearance is required. In the case of a hearing, the presumption shall be in favor of a telephonic hearing, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. Booking.com will ordinarily request that the hearing be held in Chicago, Illinois. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that in the event of an in-person hearing, any Booking.com B.V. employee or affiliate who is based outside of the United States and who is participating in the hearing may participate by telephone or video conference, and his or her physical presence will not be required.
Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. This agreement to arbitrate is made under and will be governed by and construed in accordance with the laws of the Netherlands, consistent with the Federal Arbitration Act, without giving effect to any choice-of-law principles that provide for the application of the law of another jurisdiction.
The arbitration will be confidential, and neither you nor Booking.com may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
Ordinarily, pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your booking and communications directly about that booking among you, Booking.com, and the accommodation(s) that are the subject of your dispute with Booking.com. Any issues regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, and the arbitrator’s determination will be conclusive.
The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. There will be no right or authority for any Claims to be arbitrated on a class action basis. You understand and agree that, by accepting these terms and conditions, you and Booking.com are each waiving the right to a trial by jury or to participate in a class action with respect to the claims covered by this mandatory arbitration provision.
You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator, and not a judge or jury. The arbitration procedures mandated by this Disputes provision are simpler and more limited than the procedures applicable in most courts. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
All claims you bring against Booking.com must be resolved in accordance with this Disputes provision. All claims filed or brought contrary to this Disputes provision, including claims not first submitted through the Internal Review Procedure, will be considered improperly filed and void. Should you file a claim contrary to this Disputes provision, Booking.com will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim.
This Disputes provision was amended by Booking.com effective April 7, 2016. If you have a claim that relates to a booking made prior to that date, you may choose to proceed under the provision in effect when you made your booking. If you would like to do that, please so indicate in your claim submission. Otherwise, by submitting a claim, you agree that this Disputes provision will apply to your claim.
Your reservation is covered by our previous terms of service for car rentals
Your reservation is covered by our previous terms of service for airport taxis