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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if a court decides that any of the provisions in the Prohibition of Class and Representative Actions...is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief...
OpenAI will not seek attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
13.4 If any part of terms of this Section 12 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section ...
"if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Booking.com agree that the particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of New York.Excerpt from Booking.com's Terms and Conditions
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561 arbitration provisions across 197 platforms. ConductAtlas tracks how dispute resolution is being restructured across the internet.
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The clause states: “if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Booking.com …”
ConductAtlas has identified this type of provision across 196 platforms. See the full comparison.
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