The class action lawsuit, to be filed in Dutch courts — as Booking.com is headquartered in the Netherlands — is being pursued through the Hotel Claims Alliance Foundation in collaboration with HOTREC and over 30 national associations. The deadline to join the legal action has been extended to August 29, 2025, due to the flood of participation in recent weeks.
Hoteliers argue that for two decades — between 2004 and 2024 — the development of their direct sales channels was stifled, leading to financial losses caused by commission fees imposed by the platform, which could reach 12% or more per reservation. They are seeking compensation for a significant portion of these paid commissions, potentially recalculated with interest, as restitution for the economic harm suffered.
The potential scope of the damages is substantial. In Spain alone, CEHAT and AEDH estimate that claims could total up to 3 billion euros, a figure that includes accumulated interest on the excessive commissions charged over the years. Previous reports suggest that claims in France could amount to around 1.5 billion euros, although these numbers are still being reviewed for accuracy.
Booking.com, for its part, has rejected the interpretation of the CJEU ruling made by the hoteliers and claims not to have been officially notified of any legal action at the European level. The platform maintains that the CJEU decision refers to a specific case in the Netherlands and does not imply that such clauses have been declared illegal in all involved countries, nor that there is a requirement to financially compensate hotels.
Despite the legal standoff, many establishments continue to rely on Booking.com to reach a global customer base. In 2023, Booking Holdings controlled more than 70% of the European online hotel booking market, with its market share in Germany reaching 72.3%. At the same time, direct bookings in markets such as Germany have fallen by more than eight percentage points since 2013, reinforcing many hotels' dependence on the platform.
This case marks a milestone for the European hotel sector: over ten thousand companies united in pursuit of justice after years of restrictive contractual practices. The lawsuit seeks not only financial compensation but also the restoration of autonomy to direct sales channels and a better balance in the face of the dominance of large digital platforms. Although no official filing date has yet been announced, the coordinating attorneys have stated that the Dutch legal system is ready to receive the class action in the coming weeks. Expectations are high, and the sector hopes this legal action will mark a turning point in the relationship between hotels and OTAs.
