Booking.com · Booking.com Terms and Conditions

Intermediary Liability Disclaimer

High severity
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What it is

Booking.com says it is only a middleman connecting you to hotels and other travel suppliers — it is not responsible if a property fails to deliver what was advertised, causes harm, or refuses a refund.

Clause Stability Highly Volatile

1
Change
1
Month Monitored
Apr 18, 2026
First Seen
Apr 18, 2026
Last Seen
This clause has changed once in 1 month of monitoring.

Change history

added Apr 18, 2026

New provision in first tracked version.

View full change record →

Consumer impact (what this means for users)

Consumers who suffer harm, financial loss, or disappointment from a booking made through Booking.com cannot hold Booking.com directly liable for the supplier's failures, which significantly limits available remedies and may require consumers to pursue legal action against foreign businesses.

Cross-platform context

See how other platforms handle Intermediary Liability Disclaimer and similar clauses.

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Why it matters (compliance & risk perspective)

This clause means that if your hotel is unsafe, misrepresented, or refuses to honor your reservation, Booking.com has explicitly disclaimed legal responsibility, leaving consumers to pursue the property or supplier directly — often a much harder and slower process.

View original clause language
Booking.com is not a (co-)contractual party to any agreement between you and the service provider and is not liable for any problems arising from your use of the service provider's services. The service provider is solely responsible for the product, service, and/or experience it provides. Booking.com acts as an intermediary between you and the service provider and is not responsible for the acts, errors, omissions, representations, warranties, breaches, or negligence of any service provider or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: This provision implicates the EU Unfair Contract Terms Directive 93/13/EEC (Article 3, Annex 1(b)) which prohibits clauses that inappropriately limit or exclude liability for consumer harm. It also engages the EU Digital Services Act (DSA, Regulation (EU) 2022/2065) Articles 5-8 regarding intermediary liability safe harbors and the conditions under which they apply. UK Consumer Rights Act 2015 Schedule 2 similarly restricts unfair exclusion-of-liability terms in B2C contracts. Enforcement authorities include the Dutch Autoriteit Consument & Markt (ACM), UK Competition and Markets Authority (CMA), and national consumer protection agencies across EU member states.

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Applicable agencies

  • FTC
    The FTC has jurisdiction over unfair or deceptive trade practices under FTC Act Section 5, including disclaimers that may mislead consumers about their rights and recourse when booking travel through online platforms.
    File a complaint →
  • State AG
    State Attorneys General can pursue consumer protection claims under state unfair and deceptive acts and practices (UDAP) statutes where intermediary liability disclaimers are found to be unconscionable or misleading.
    File a complaint →

Provision details

Document information
Document
Booking.com Terms and Conditions
Entity
Booking.com
Document last updated
April 29, 2026
Tracking information
First tracked
April 18, 2026
Last verified
April 18, 2026
Record ID
CA-P-002983
Document ID
CA-D-00237
Evidence Provenance
Source URL
Wayback Machine
SHA-256
52c4414b2e6350e445ed7a44c8bc8ae56a7608f1f1d032c99314f99fcd4f8724
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: Booking.com | Document: Booking.com Terms and Conditions | Record: CA-P-002983
Captured: 2026-04-18 11:26:18 UTC | SHA-256: 52c4414b2e6350e4…
URL: https://conductatlas.com/platform/bookingcom/bookingcom-terms-and-conditions/intermediary-liability-disclaimer/
Accessed: May 2, 2026
Classification
Severity
High
Categories

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