Residents and visitors of the BES islands—Bonaire, Sint Eustatius, and Saba—may be eligible for compensation in a major legal action against Booking.com over alleged anti-competitive practices that have systematically inflated hotel prices for consumers.
The Consumer Competition Claims Foundation has filed a collective lawsuit against the online booking giant, alleging the platform has violated competition laws by forcing hotels into restrictive agreements that prevent them from offering better deals elsewhere.
Anti-Competitive Practices Under Scrutiny
The case centers on Booking.com’s use of “parity clauses”—contractual provisions that prohibit hotels from offering lower prices or better terms on their websites or through competing platforms. These clauses effectively eliminate price competition and keep accommodation costs artificially high, according to the lawsuit.
The legal action also targets Booking.com and its sister company, Agoda, for employing deceptive “dark patterns” designed to manipulate consumer behavior. These tactics include:
- Displaying fake discount percentages
- Showing incomplete price information
- Creating false urgency with messages like “Only 1 room left!”
- Using misleading scarcity warnings to pressure immediate bookings
BES Islands Included in Compensation Claim
The Dutch Consumer Association (Consumentenbond), which is backing the legal action, confirmed that residents of the special municipalities are covered under the lawsuit.
“The claim applies to residents of the special municipalities Bonaire, Sint Eustatius, and Saba, as these territories fall under Netherlands jurisdiction,” a Consumentenbond spokesperson told The BES Reporter. “However, residents of Curaçao are not included in this arrangement.”
The collective action seeks financial compensation for consumers who may have overpaid for hotel accommodations as a result of these alleged anti-competitive practices.
No-Risk Participation
Participation in the legal action is free and operates on a “no cure, no pay” basis, meaning participants face no financial risk if the case is unsuccessful. Consumers do not need to be members of the Consumer Association to join the claim.
Those interested in learning more about the case or participating can find additional information on the Consumer Association’s website. The site can be overloaded.
The lawsuit represents a significant challenge to one of the world’s largest online travel platforms. It could potentially result in substantial compensation for affected consumers across the Netherlands and its special municipalities.