Booking.com
Weighted across nine legal categories. Lower is worse.
Executive summary
Booking.com's terms are written in unusually plain language, but they contain one major catch: by booking you agree to resolve almost any dispute through private, binding arbitration in New York, and you give up your right to a jury trial and to join a class action, unless you opt out in writing within 30 days. Booking.com can cancel your bookings and block your account whenever it believes there is a good reason, without a refund. Any photo or review you upload can be used by the company for commercial purposes anywhere, forever. The company's liability is capped at the cost of your booking, and most refund and cancellation rights depend on each hotel's or provider's own policy, not on Booking.com. The arbitration rules themselves can be changed by posting an update, and continuing to use the site counts as accepting the change.
Category breakdown
Acceptance of Terms & Scope
Contract formation and service boundaries
You accept the terms when you complete a booking, which is a clear, action-based moment of acceptance, and the document is written in plain language with a defined structure and a dictionary. The scope is well defined by travel type, and the age requirement (18) is stated. The main concerns are that acceptance also pulls in other documents (Service Provider terms, policies shown at checkout, and the How We Work page) and that the arbitration agreement is bundled into the same acceptance.
Key findings
- Acceptance happens when you complete a booking, a clear and deliberate act
- Plain-language drafting with a clear section layout and a definitions dictionary
- Minimum age of 18 is stated for using the Platform
- Acceptance also binds you to Service Provider terms and other documents shown during checkout
- A mandatory arbitration agreement is bundled into the same acceptance
- The English version controls if translations differ, unless local law says otherwise
Evidence from the document
When you complete your booking, you accept these Terms and any other terms provided during the booking process.
These Terms include an agreement to mandatory, binding individual arbitration
you must be at least 18 to use the Platform
These Terms are laid out like this: Section A: General terms for all types of Travel Experiences.
Recommendations
- Read the Service Provider's own policies shown during checkout, since they bind you too
- Note the arbitration warning at the top of the terms before you complete a booking
- If you are under 18, do not book, since the terms require you to be at least 18
User Accounts
Registration, suspension, and termination
Booking.com can block you from booking, cancel bookings you have already made, and shut off your account whenever it decides, in its own opinion, that there is a good reason, and you get no refund for a booking canceled this way. There is no formal appeal process beyond contacting Customer Service, and the company may withhold its reasons. Wallet rewards can be suspended, canceled, seized to settle claims without notice, and are lost entirely on the account holder's death.
Key findings
- Account and booking termination is based on the company's own opinion of what is a good reason
- No refund if a booking is canceled for a claimed breach
- The company may decline to tell you why it canceled your booking in some cases
- No formal appeal process, only a suggestion to contact Customer Service
- Rewards can be set off against company claims at any time without advance notice
- On the account holder's death, the account is closed and all pending rewards are canceled
Evidence from the document
We have the right to stop you from making any bookings, to cancel any bookings you’ve already 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.
If we cancel a booking as a result, you will not be entitled to a refund.
We may set off or settle any or all of your Rewards against any claim we (or a Group Company) have against you. We may do this at any time, and without advance notice.
If you don’t follow the rules in this section, we may automatically suspend or cancel your Wallet.
Recommendations
- Keep your own records of bookings and payments in case your account is restricted
- Spend wallet credits and rewards promptly rather than letting balances build up
- If a booking is canceled, contact Customer Service immediately and ask for the specific reason in writing
- Do not share your account, since you are responsible for everything that happens with it
Intellectual Property & UGC
Content ownership and licensing
Any review or photo you upload can be used by Booking.com for its platform and for any other commercial purpose, everywhere and forever, with no payment or required credit to you. If you ask them to stop using your content, they only promise to consider the request, not to honor it, and you accept full responsibility for legal claims related to what you upload. The terms also broadly ban any automated access to the platform, including AI assistants acting for you.
Key findings
- Perpetual, worldwide, commercial-use license over uploaded reviews and photos
- Withdrawal of your content is only a request the company will consider, not a right
- You bear full responsibility for legal claims tied to content you upload
- The company can remove any picture at its discretion and takes no liability for uploaded content
- Broad prohibition on scraping and on using AI-powered assistants to browse or book without written permission
Evidence from the document
we’re allowed to use it on our Platform and for any other commercial purposes (including in a promotional context), everywhere, forever (when you let us know we can no longer use it, we will consider any such reasonable request)
full responsibility for any legal claims against Booking.com related to it.
we’re not responsible or liable for any picture uploaded to our Platform, and we’re allowed to remove any picture at our discretion
you’re not allowed to access, monitor, copy, scrape/crawl, download, reproduce, or otherwise use anything on our Platform using any robot, spider, scraper
Recommendations
- Only upload photos and reviews you are comfortable seeing in Booking.com marketing, forever
- Do not upload images containing other people without their permission, since you carry the legal risk
- Keep original copies of anything you upload
- Avoid using AI browsing agents to make bookings, since the terms treat that as unauthorized use
Data Privacy
Data collection, usage, and protection
This document mostly hands privacy off to a separate Privacy Notice, so it says little on its own about collection, retention, or your access and deletion rights, and this score reflects only what the terms themselves state. What is here is mixed: payment details are stored only after collecting your consent and personalization can be managed in account settings, but the company states it monitors every visit and shares wallet data, including personal data, with group companies and service providers.
Key findings
- Detailed privacy practices live in a separate Privacy Notice, not in these terms
- Payment details are stored for future transactions only after collecting your consent
- Personalized marketing is on by default but preferences are adjustable in account settings
- Wallet data, including personal data, is shared with group companies and service providers
- The company states it monitors every visit to the platform
- You are responsible for getting permission before submitting other travelers' personal data
Evidence from the document
refer to our Privacy Notice for more information on privacy, cookies
We’ll store your Payment Method details for future transactions after collecting your consent.
It will be shared with Group Companies or Service Providers as required by the Wallet program.
We keep a close eye on every visit to our Platform
Based on your interaction with our Platform and your personalization preferences (which you can access in your account settings under the Customization preferences section)
Recommendations
- Read the separate Privacy Notice before booking, since these terms do not cover your data rights
- Review the Customization preferences section of your account to limit personalized marketing
- Get consent from your travel companions before entering their details
- Withdraw stored payment methods from your account if you do not want them kept on file
Payment & Subscriptions
Billing and subscription management
There are no subscriptions or auto-renewals, and some payment terms are consumer friendly: prices include taxes, currency conversion fees are disclosed against a public benchmark, and car rentals have a clear refund ladder. The risk is that nearly all cancellation and refund rights depend on each Service Provider's own policy, upfront payments can be nonrefundable, a provider can cancel without notice over a failed payment and refund you only at its discretion, and price-match eligibility is decided solely by Booking.com.
Key findings
- No subscriptions, auto-renewal, or free-trial traps in these terms
- Refund and cancellation rights are governed by each Service Provider's policy, which Booking.com does not control
- Upfront payments may be nonrefundable and can be charged or pre-authorized at booking
- A provider can cancel without notice if a balance payment fails, with any refund at its discretion
- Currency conversion fees are disclosed as a percentage over European Central Bank rates
- Price-match claims are decided solely by Booking.com
Evidence from the document
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.
the Service Provider may cancel the booking without notice if they can't collect the balance on the specified date. If they do cancel, any non-refundable payment you’ve made will only be refunded at their discretion.
Booking.com reserves the right to make the sole determination regarding a customer's eligibility to receive the price match.
If we charge you fees in connection with any such services, the fee will be expressed as a percentage over European Central Bank rates.
MORE THAN 48 hours before your rental is due to start, you’ll receive a full refund.
Recommendations
- Check the specific cancellation policy on every booking before you pay, since it controls your refund
- Prefer free-cancellation rates when your plans might change
- Make sure your card has funds and correct details on any balance-collection date
- Screenshot cheaper offers immediately if you plan to use the price-match promise
Limitation of Liability
Risk allocation and legal protection
Booking.com caps its total liability at the cost of your booking, excludes all indirect and consequential losses, disclaims all warranties, and says you use the site at your own risk, while taking no responsibility for Service Provider information or conduct. The saving grace is an explicit carve-out: nothing limits liability for negligence causing death or personal injury, fraud, gross negligence, or willful misconduct, which is stronger consumer protection than many platforms offer. The cap being tied to your booking cost at least scales with the transaction.
Key findings
- Total liability is capped at the cost of your booking
- Explicit carve-out preserving liability for death or personal injury from negligence, fraud, gross negligence, and willful misconduct
- All indirect, consequential, punitive, and lost-profit damages are excluded
- All warranties, including merchantability and fitness for purpose, are disclaimed
- No responsibility for the accuracy of Service Provider information or for the Travel Experience itself
Evidence from the document
The most that we, or any Service Provider, will be liable for, whether for one event or a series of connected events, is the cost of your booking, as set out in your confirmation email.
Nothing in these terms will limit our (or the Service Provider’s) liability for our (or their) own (i) negligence that leads
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.
As a non-limiting example, Booking.com shall not be liable for any: indirect or consequential
Recommendations
- Buy travel insurance for costs beyond the booking price, such as missed connections or extra hotel nights
- Verify important details (location, facilities, policies) directly with the hotel or provider, since Booking.com disclaims responsibility for their information
- Pay by credit card so chargeback rights remain available for billing failures
Indemnification
Legal responsibility allocation
There is no sweeping clause making you defend Booking.com for all use of the service, which is better than most large platforms. Instead there are targeted one-way obligations: you take full responsibility for legal claims over content you upload, you must reimburse Booking.com if an airline bills it because you skipped flight segments, and you cover repair or cleaning costs your group causes. Booking.com does not indemnify you for anything in return.
Key findings
- No general indemnification clause covering all use of the platform
- You accept full responsibility for legal claims arising from photos and reviews you upload
- You must reimburse Booking.com for airline claims if you use prohibited ticketing practices like hidden-city ticketing
- You are responsible for repair or cleaning costs caused by anyone in your group
- No reciprocal indemnity from Booking.com to you
Evidence from the document
you will reimburse us for any difference between the cost of your actual journey and the cost of the full journey specified on your ticket(s) if the airline claims this from us.
full responsibility for any legal claims against Booking.com related to it.
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 will be responsible for the cost of repairs/cleaning.
Recommendations
- Do not book flight segments you intend to skip, since the airline's costs can be passed to you
- Only upload content you created and have the rights to share
- Remember you answer for the behavior of everyone in your travel group
Modification of Terms
How agreements can be changed
Booking.com can change the arbitration agreement simply by posting the new version, puts the burden on you to check for updates, and treats your continued use as acceptance, with no fresh chance to opt out of arbitration after a change. The Genius and Rewards programs can also be changed, suspended, or ended, with only reasonable efforts at prior notice for the wallet. One mitigating feature is that each booking is governed by the terms you accepted when you made it, so changes are not applied retroactively to past reservations.
Key findings
- Arbitration terms can be modified by posting, with continued use counting as acceptance
- You are expected to check the platform for updates yourself
- Changes to the arbitration agreement do not restart your opt-out window
- Genius program features and levels can be changed at any time
- The Wallet and Rewards program can be changed, suspended, or ended, with only reasonable efforts at notice
- Terms are versioned by booking date, so past bookings keep the terms you accepted
Evidence from the document
Booking.com retains the right to modify this Arbitration Clause in the future. Any such changes will be posted on our Platform
Your continued use of the Booking.com Platform and/or Services, including the acceptance of products and services offered on the Platform following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes.
changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of arbitration.
We may change any feature of the Genius program, including the membership levels, eligible booking types for progression, and the way the program is structured.
We may change, suspend, or end any aspect of the Wallet or Rewards program.
Recommendations
- Save a copy of the terms each time you book, since that version governs your reservation
- Recheck the terms before any new booking, because changes take effect by posting
- Do not rely on Genius levels or wallet credits as guaranteed future value
Governing Law & Disputes
Jurisdiction and conflict resolution
Almost every dispute must go to binding individual arbitration under New York law, and you waive both a jury trial and any class or representative action. Before arbitrating you must complete a rigid internal review procedure with exact wording requirements, and a loser-pays offer rule means rejecting a settlement offer and then failing to beat it makes you pay the company's post-offer costs. Meaningful mitigations exist: a 30-day written opt-out, small claims court access, hearings in your home county or in writing for claims under $25,000, and a carve-out for public injunctive relief.
Key findings
- Mandatory binding arbitration through NAM for nearly all disputes
- Class action, representative action, and jury trial waivers
- 30-day opt-out right, but only by an exact written notice you send yourself
- Mandatory internal review procedure whose message must start with specific text or it does not count
- If you reject a written offer and do not beat it, you pay the other side's post-offer costs
- New York law and New York courts govern anything outside arbitration, with small claims court preserved locally
Evidence from the document
Section A20 also contains a class action and jury trial waiver.
EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS
You have the right to opt out of the provisions of this Arbitration Agreement
This Arbitration Agreement and these Terms are made under and will be governed by and interpreted in accordance with New York law, regardless of conflict of law rules.
the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
Recommendations
- Send the arbitration opt-out notice through the Dispute Resolution page within 30 days of first being bound if you want to keep your right to sue in court
- For small disputes, use small claims court in your own county, which the terms allow
- Follow the internal review format exactly, including the required opening phrase, or your complaint will not count
- Get advice before rejecting any written settlement offer, since failing to beat it shifts costs to you
Ex-TerCo provides automated analysis of legal documents for informational purposes. This is not legal advice. Terms can change at any time.