Europe: more than 10,000 hotels in Europe now have joined the collective legal action The following are some examples of the use of OTA Booking.com.
The Stichting Hotel Claims Alliance, backed by HOTREC and coordinated by HOTREC, has filed a claim challenging Booking.com’s “best price clause”, which requires hotels to show the lowest rate on Booking.com compared with their own websites or other OTAs.
The clause has been removed from the contract in 2024, to conform with the EU Digital Markets Act. Damages are still being sought between 2004 and 2024. Booking.com’s headquarters is in the Netherlands.
The case, originally brought by 25 national associations of hotels, is supported in part by a ruling of the European Court of Justice from September 2024 that found parity clauses can reduce competition. Booking.com argued previously that these clauses ensure fair competition, and help prevent travellers from “free-riding”.
Highlights:
• Over 10,000 hotels are now part of the collective legal action against Booking.com.
• The case challenges the OTA’s “best price” clause, in place from 2004 to 2024.
• The clause was removed last year following the EU’s Digital Markets Act.
• The action was first filed by more than 25 national hotel associations in June.
