As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-arbitrator-except-class-waiver
The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that 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.
Company’s fee promise
Reviewed category: mass-proceeding-fees-only
The Administrative Arbitrator’s fees shall be paid by Booking.com.
Fee or cost shifting against the consumer
Reviewed category: offer-of-judgment-cost-shift
You and Booking.com agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
Additionally, the message must start with “Request Under Arbitration Agreement.” If your message does not start with this text, or if it does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then you have not effectively begun the Internal Review Procedure, which you must do before initiating any arbitration or an action in small claims court ... The Internal Review Procedure is a mandatory precondition to commencing arbitration.
Mass-arbitration terms
Reviewed category: batching
in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Booking.com by or with the assistance of the same law firm, group of law firms, or organizations (“Claimants’ Counsel”), within a reasonably approximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch
Small-claims carve-out
Reviewed category: available-standard-carve-out
you and Booking.com may assert claims or seek relief in small claims court, to the extent the Dispute qualifies under applicable law and remains in small claims court
Opt-out
Reviewed category: general-with-window
You have the right to opt out of the provisions of this Arbitration Agreement by sending a written notice through our Dispute Resolution page with the message: “Arbitration -- Opt-Out Notice”, within thirty (30) days after first becoming subject to this Arbitration Agreement
Unilateral modification
Reviewed category: continued-use-is-acceptance
Your continued use of the Booking.com Platform and/or Services, including the acceptance of products and services offered on the Platform following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes.
Scope
Reviewed category: broad-reaches-affiliates-and-third-parties
Subject to the terms of this Arbitration Agreement, you and Booking.com agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of our Platform, or other services provided by Booking.com or the support companies in connection with your use of our Platform (including the interpretation and scope of this Arbitration Agreement and the arbitrability of a Dispute, as defined herein), or your relationship with us or any subsidiary, parent, or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) (each, a “Dispute”)
Confidentiality of the arbitration
Reviewed category: documents-exchanged-confidential
all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors
Shortened limitations period
Reviewed category: expressly-not-shortened
You further agree that any Dispute that you have with Booking.com as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
Severability if the class waiver is struck
Reviewed category: batching-tied-whole-clause-void
if Section A20.9 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in New York, New York.
Counsel or representation restrictions
Reviewed category: counsel-certification-required
If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b)
Mass-arbitration numeric trigger
Reviewed category: batching-trigger
Stated term: “twenty-five (25) or more” individual Demands of a substantially similar nature — recorded as 25
Window, as reviewed: a reasonably approximate period of time, e.g. a ninety (90) day period (example, not fixed)
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Booking.com by or with the assistance of the same law firm, group of law firms, or organizations (“Claimants’ Counsel”), within a reasonably approximate period of time, for example, a ninety (90) day period