Booking.com will pay customers compensation. Who will use?

The President of UOKiK Tomasz Chróstny obliged Booking.com to properly inform whether the landlord is an entrepreneur or a private person – he passed the office on Tuesday. The company is to make changes and grant compensation to users who will submit a complaint in connection with a lack of information.

By decision of the President of the Office of Competition and Consumer Protection (UOKiK) in proceedings regarding practices violating the collective interests of consumers – Booking.com based in Amsterdam is to introduce changes that will increase the transparency of the platform for users. It is about placing clear information whether the entity offering accommodation is an entrepreneur or a private person – indicated in a press release. The changes are to be introduced within a month of the decision becoming final. The proceedings of the President of UOKiK indicated that the case of booking accommodation with entities that do not have the status of the entrepreneur, the platform incorrectly reported that the scope of legal protection of the consumer is changing. The division of obligations between Booking.com and service providers was also illegible.

As the office emphasized, the information on this subject was dispersed, ambiguous or available only after clicking on additional links and regulations, which hindered customers conscious decision making. As a result of such practices, consumers could conclude contracts without realizing that they are not entitled to protection resulting from consumer law. They also did not know who was responsible for the performance of accommodation – Booking.com or the entity offering accommodation, which in the case of, for example, submitting a complaint was of key importance for consumers – it was emphasized.

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Who will get compensation from booking.com?

In response to the allegations, the Platform undertook to remove violations and their effects – the office said. Part of the obligations is to grant compensation. They are entitled to consumers who made a reservation between January 1, 2023 and the day of changes and submitted or submit complaints in one of the three issues: non -informing by booking.com about whether the accommodation supplier is an entrepreneur or a private person; not informing that the provisions regarding consumer protection do not apply to contracts concluded with private persons; not informing about the division of duties between Booking.com and the entity offering accommodation.

Compensation – as stated – will depend on the level of the Genius loyalty program. People at the first and second level will be promoted by one degree, which can translate into the amount of discounts in the facilities. On the other hand Users from the third level will receive PLN 40 for use on the booking.com platform.

As emphasized in the decision, complaints must be submitted through the “help center” booking.com. The office advises to do this via a website or application, after logging in using the booking number and PIN code. This will allow the company to consider the complaint as soon as possible and the most effective consideration – it was noted and added that the use of the word “UOKiK” or the decision number can also accelerate the process.

– compensation is granted to every user who reserved accommodation at Booking.com from January 1, 2023 and will submit a complaint through the hotline or chat, available at the Platform Assistance Center. One should refer to the decision of UOKiK; You do not need to meet additional premises – Bartosz Klimczuk from the Office's press team pointed out in an interview with PAP. He explained that compensation is due to the very fact that the user was not aware of his rights.

In turn, Booking.com is required to inform users about the UOKiK decision and ways of complaint – added Klimczuk. He also reported that if the platform did not appeal against the decision of the office, it would become final on September 12 this year.

– Importantly, consumers do not have to wait with submitting a complaint by September 12, as those who have been submitting a complaint before or now – emphasized the representative of the office. Users will receive compensation within two months of sending individual information about its granting by Booking.com – he added. Detailed rules in this matter are set out in the decision, which is available on the UOKiK website.

The obligations to inform whether the entity offering the service is an entrepreneur or a private person is imposed on the Internet trading platforms of the EU Omnibus Directive, which has been in force of EU countries since 2023, said office.

“For over two years, we have been verifying how in the practice of e-commerce platforms have coped with the information obligations arising from the Omnibus directive. It is crucial that the user of such a platform, before he makes a purchase decision, knew whether he concludes a contract with the entrepreneur or with the entity not not. A few clicks, “emphasized Tomasz Chróstny, quoted in the information.

As noted by the office, the Booking.com case is not the first intervention of the President of UOKiK as part of the enforcement of obligations arising from the Omnibus directive. Chróstny had previously issued similar decisions against Zalando and Travelist. As a result of the intervention of the President of UOKiK, the changes were also declared or introduced by operators, among others: Aliexpress, Allegro, Amazon, Bolt, Bolt Food, Empik, Free Now, Glovo, Morele. Net, delicious. Pl, Triverna. PL, Uber, Uber Eats, Holidays. pl and volt. (PAP)

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