The Dutch Consumers’ Association (Consumentenbond) and the Consumers Competition Claims Foundation (CCC) have initiated legal proceedings against the Booking.com hotel platform, alleging violations of competition and consumer laws dating back to 2013.
Allegations Against Booking.com
The claimants assert that Booking.com employed illegal pricing agreements and misleading tactics to inhibit hotels from offering lower prices elsewhere, reportedly resulting in losses of hundreds of millions of euros for Dutch consumers.
Booking.com has denied the accusations that it maintained artificially high hotel prices. In a formal statement, Booking.com asserted that it has consistently endeavored to provide the best possible prices and a transparent booking experience for travelers, firmly contesting any contrary claims. The company also noted that it has modified its practices in recent years.
Misleading Hotel Pricing Practices Found by Researchers
This collective legal action comes after years of warnings. In May 2024, the Consumers’ Association publicly charged Booking.com and its affiliated platform Agoda.com with misleading customers through fake discounts, hidden fees, and false claims of scarcity, despite previous assurances to rectify these issues.
Researchers discovered that Booking.com advertised a hotel in New York at “from 211 euros per night” without revealing an additional 75 euros in mandatory taxes and fees. Furthermore, it falsely asserted that 84 percent of accommodations in Nunspeet were fully booked, a figure that was exaggerated by including unavailable private residences.
“These are intentional tactics designed to create a sense of urgency among consumers, making them feel as though they have secured a favorable deal and must act quickly,” stated Sandra Molenaar, director of the Consumers’ Association, in last year’s report.
Impact on Dutch Consumers
CCC chairman Bert Heikens stated that the actions of Booking.com have probably affected every Dutch consumer who has made a hotel reservation since January 1, 2013. “Our research shows Booking.com has been violating competition rules for years,” he said. “They prevented hotels from offering better conditions or cheaper prices through other channels. Multiple European regulators have already found these practices unlawful.”
About the author: Dr Kees Jan Kuilwijk is an attorney at Hagens Berman Sobol Shapiro LLP with more than thirty years of experience in competition law and collective litigation. He holds a PhD, awarded cum laude, from the European University Institute in Florence and is the author of Class Action Litigation in the Netherlands, a complete guide to Dutch collective redress under the WAMCA.
