EC investigation into Booking.com could have major consequences for hotels

On 21 October 2026, the European Commission launched a formal investigation into Booking.com. Among other things, the Commission is investigating whether the booking platform is taking sufficient measures against fraudulent listings and phishing. According to the platform’s lawyer, Stephan Mulders of Blenheim Advocaten, the investigation could also have major consequences for hotels that list their rooms on Booking.com.

Mulders expects that, as a result of the investigation, Booking.com will take a more critical look at potential fraud and breaches of its terms and conditions. This could mean that hotels are more likely to face warnings, restrictions or, in the worst-case scenario, the closure of their accounts.

“An investigation of this kind usually has a major impact on a platform’s internal organisation,” says Mulders. “Booking.com is likely to take a more critical look at potential fraud and breaches of its terms and conditions. Hotels should therefore expect stricter enforcement.”

The impact of this could be significant. Booking.com is the world’s largest online accommodation booking platform. According to recent figures, around two-thirds of European hotel bookings made via booking sites are made through Booking.com.

Why is the European Commission investigating Booking.com?

The investigation is based on the Digital Services Act (DSA). Booking.com may have breached this legislation by failing to assess the risks associated with fraudulent listings and phishing with sufficient care, or by failing to mitigate them effectively.

The Netherlands Authority for Consumers and Markets (ACM) is also participating in the investigation. The ACM is the supervisory authority for the DSA in the Netherlands. As Booking.com is based in the Netherlands, the supervisory authority is cooperating with the European Commission on this investigation.

According to the regulators, the investigation focuses on three key areas:

Fraudulent and non-compliant listings. An investigation is underway to determine whether Booking.com has adequately identified the risks associated with fraudulent listings and is taking measures to mitigate those risks.

Phishing and data misuse. The Commission is examining risks where users’ data is misused for fraud and phishing.

Paid advertising. The study is also examining whether it is sufficiently clear to users when content on the platform constitutes paid advertising.

Stricter enforcement measures for hotels

According to Mulders, the research may have an indirect impact on hotels that use Booking.com.

“I’ve seen this before with Bol.com, which was investigated by the ACM. I’ve assisted many Bol.com sellers who noticed that checks were becoming stricter and there was less room for leniency. I expect Booking.com will also take a critical look at its enforcement practices.”

According to Mulders, hotels would therefore be well advised to review their working practices and compliance with Booking.com’s terms and conditions. This is because breaching Booking.com’s terms and conditions can lead to the closure of the hotel’s account.

What if Booking.com closes a hotel account?

Where a platform decides to restrict, suspend or terminate the provision of services to a business user, certain rules apply. These are set out, amongst other things, in the European Platform-to-Business Regulation (P2B Regulation).

According to the ACM’s guidance, online platforms must specify in their terms and conditions the grounds on which they may suspend, restrict or terminate their services to a business user. If a platform does in fact take such action, it must give reasons for that decision. In the event of termination, the business user must, in principle, receive a statement of reasons at least 30 days before the termination takes effect.

According to Mulders, the following points are particularly important for hotels:

Clear rules. Business users must be made aware in advance of the types of behaviour that may lead to the restriction, suspension or termination of the service. The ACM emphasises that these grounds must be set out in the terms and conditions.

Notice period upon termination. In the event of termination, the general rule is that the business user must be provided with a statement of reasons at least 30 days before the termination takes effect. In the event of repeated breaches, Booking.com may terminate the account with immediate effect.

Clear reasons. A platform must provide reasons for any restriction, suspension or termination and supply these reasons to the business user on a durable medium, for example by email.

Proportionality. A platform must also act fairly towards hotels. A suspension often has a huge impact on a hotel’s operations. Booking.com should therefore not suspend an account for every minor mistake and must first investigate whether less severe measures are possible.

According to Mulders, this means that a hotel does not necessarily have to accept the closure of an account without further ado.

Challenging a closure may be successful

Mulders points out that, in the event of a dispute with Booking.com, it is not only the alleged breach that matters, but also the legal basis for the measure.

“A suspension by Booking.com can have enormous commercial consequences for a hotel. That is precisely why it is important to assess immediately why the account has been suspended, what terms and conditions Booking.com has based its decision on, and whether the measure is legally tenable.”

In 2025, the Amsterdam District Court prohibited Booking.com from closing a hotel’s account. Booking.com was unable to prove that the hotel had breached its rules. In 2026, the Amsterdam Court of Appeal partially upheld this ruling. According to the Court of Appeal, Booking.com was not entitled to terminate the agreement because the hotel had written a single review itself. However, the Court did find that the hotel had failed to pay an invoice from Booking.com, which consequently provided a new ground for termination. According to Mulders, hotel owners can therefore certainly challenge such a closure:

“Hotels do not have to simply accept a closure. This is clear from recent case law from the Amsterdam Court of Appeal. But you need to be well prepared from a legal perspective. A mistake in the proceedings can have serious consequences.”

What can hotels do now?

According to Mulders, hotels can already start preparing for potentially stricter checks by Booking.com:

• Please check that your business operations still fully comply with Booking.com’s current terms and conditions.
• Ensure there are clear internal guidelines regarding reviews, communication with guests and the use of the platform.
• Ensure that messages, complaints and alerts from Booking.com reach the right staff members and do not end up in a spam folder.
• Respond carefully and promptly to warnings regarding possible breaches of the terms and conditions.
• Document guest complaints and the way in which they are dealt with.

“It is precisely when Booking.com tightens its checks that it is important for hotels to have their internal processes in order,” said Mulders. “Prevention is easier than trying to get a closed account reopened afterwards.”