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...
If, after exhaustion of all appeals, any of these prohibitions...are found to be unenforceable with respect to a particular claim or request for relief...then such a claim or request for relief will be decided by a court of competent jurisdiction...
The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims.
"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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561 arbitration provisions across 197 platforms. ConductAtlas tracks how dispute resolution is being restructured across the internet.
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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.”
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