Complaint Review: Booking.com - Internet

Booking.com has completely gone too far with its completely fraudulent Arbitration Agreement, which requires Dutch law be applied even in the USA (where they have numerous offices).

Booking.com denies even small claims actions despite the American Arbitration Association's requirement for that possibility.

Booking.com fraudulently scares customers from Arbitration by stating the consumer may have to pay $1,000 if they file arbitration incorrectly.  I have filed my arbitration.   You can too by looking up the Terms of Service on booking.com and then filing it with ADR.org to: [email protected].  

I will also follow up with a report to the FTC and the Colorado Attorney General.  Here is the Arbitration Agreement in all its illegal glory:

3. Governing law and disputes

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 and 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 initiated through and administered by the American Arbitration Association (“AAA”). Arbitration will be in accordance with the AAA’s Expedited Commercial Arbitration Rules & Procedures and its Consumer-Related Disputes Supplementary Procedures (collectively, the “rules”), except that you do not retain any right to bring a claim in any court, including small claims court, and as otherwise modified by this Disputes provision. If there is a conflict between the 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.

The arbitration will be conducted by one arbitrator in Chicago, Illinois, who will be appointed by the AAA. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted based solely on written submissions, unless the arbitrator determines that a telephonic or online appearance is required, and will be conducted in the English language. The arbitration will not involve any personal appearance by the parties or witnesses. 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.

In order to initiate arbitration with the AAA, you and Booking.com each will be responsible for paying a filing fee to the AAA. Booking.com also agrees to pay any additional fee or deposit required by the American Arbitration Association in excess of your filing fee. 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.

Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Ordinarily, 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.

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.

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 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. If you fail to promptly withdraw the claim after receiving written notice from Booking.com, Booking.com may recover its attorneys’ fees and costs incurred to enforce this Disputes provision, up to $1,000.

[email protected]

1512 Larimer Street

Suite 700.

Denver, CO 80202

United States of America