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This analysis describes what Booking.com's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
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all Disputes arising out of or relating to the Class Action Waiver, including any claim that all or part of the Class Action Waiver is unenforceable...shall be decided by a court of competent jurisdiction and not by an arbitrator...
ALL DISPUTES CONCERNING THE ARBITRABILITY OF A CLAIM ... SHALL BE DECIDED BY THE ARBITRATOR, except as expressly provided below.
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
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"all Disputes regarding the subsection entitled "Waiver of Class and Other Non-Individualized Relief"...shall be decided by a court of competent jurisdiction and not by an arbitrator.Excerpt from Booking.com's Terms and Conditions
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The clause states: “all Disputes regarding the subsection entitled "Waiver of Class and Other Non-Individualized Relief"...shall be decided by a court of competent jurisdiction and not by an arbitrator.”
ConductAtlas has identified this type of provision across 210 platforms. See the full comparison.
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