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Marc Letanneur (CS Global)
4 ago 2026, 12:04 CEST
Your ref: 13920390
Our ref: 4401086497
Dear Helena Martinez,
Following a review of the above-referenced claim dated02 December 2025, please be kindly informed as follows:
INTRODUCTION
On behalf of Booking.com B.V., the current response is submitted by a member of the Customer Service Legal Support Advisor Team ofBooking.com Customer Service Center (Netherlands) B.V., a company incorporated under the laws of the Netherlands. This customer service company is an affiliated support company of Booking.com B.V., a private limited liability company, incorporated under the laws of the Netherlands and registered with the trade register of the Chamber of Commerce in Amsterdam under registration number 31047344. Booking.com VAT registration number is NL805734958B01 (
Booking.com or “We”). Booking.com is part of Booking Holdings Inc. (NASDAQ: BKNG).
Before addressing the claim (see paragraph 3), you will be presented with further background information in respect of Booking.com, and the affiliated support companies around the world.
Definitions
‘Booking’ means the booking of a Travel Experience on our Platform, whether you pay for it now or later.
‘Travel Experience’ means one of the travel-related products or services on the Platform.
‘Service Provider’ means the provider of a travel-related product or service on the Platform, including but not limited to: the owner of a hotel or other property (for an 'accommodation' Booking), a museum or park (for an 'attraction' Booking), or a car rental company or airline (for a 'transport' Booking).
‘Platform’ means the website/app on which you can book Travel Experiences, whether owned or managed by Booking.com or by a third-party affiliate.
‘Upfront Payment’ means a payment that you make when you book a product or service (rather than when you actually use it).
ABOUT BOOKING.COM B.V.
Booking.com and the Booking2.1.1. The Platform is operated by Booking.com. When you complete your Booking, you accept the customer terms of service (the Terms) and any other terms that you’re provided with during the booking process.
2.1.2. Through the Platform, Service Providers can offer their services to the visitors of the Platform and such visitors can discover, search, compare, and purchase the relevant service from the Service Provider.
Information displayed about Service Providers (e.g. facilities, house rules and sustainability measures) and their Travel Experiences (e.g. prices, availability and cancellation policies) is based on what they provide to us. They are responsible for making sure it is accurate and up to date. (See B2.1-4 of the Terms)
Platform and place of business
Booking.com operates the Platform in and from within the Netherlands (with servers located in the Netherlands, United Kingdom and Germany). To the extent permitted by law, the Terms clearly state that its (Platform) services are governed by and construed in accordance with Dutch law; therefore, no laws other than Dutch law shall apply to Booking.com in respect of the Platform. The Terms (see A3) clearly state the following in respect of Booking.com operating the Platform, and the role and position of the affiliated group companies (collectively the
Support Companies).
A3. About Booking.com
1. When you book an accommodation, flight or attraction, Booking.com B.V. provides and is responsible for the Platform – but not the Travel Experience itself.
2. When you book a rental car, or private or public transport, Booking.com Transport Limited provides and is responsible for the Platform – but not the Travel Experience itself
3. We work with companies that provide local support services (e.g. Customer Support or account management). They don’t:
control or manage our Platform
have their own Platform
have any legal or contractual relationship with you
provide Travel Experiences
represent us, enter into contracts or accept legal documents in our name
operate as our ‘process or service agents’.
Once the Booking was made, Booking.com automatically transmitted a confirmation of the details of the Booking to the Service Provider and to you (
Confirmation).This Confirmation serves as evidence of the agreed terms of the contractual relationship between you and the Service Provider. From this point onward, the Service Provider is (and remains) responsible for providing the Travel Experience booked in accordance with the terms accepted and agreed to by you.
THE CLAIM
Claim and understanding of the facts
Theemail ofHelena Martinezclaims the following:
A refund of their prepaid booking because the Service Provider (Sonder) could not honour the reservation, and Booking.com has not processed the promised refund after nearly a month(the
Claim).
STATEMENT OF EVENTS
On 10 November 2025, You cancelled the Booking free of charge and contacted our Customer Service, explaining that the Service Provider was no longer able to honour your reservation and asking whether the amounts You had been charged would be returned to You. Our Customer Service registered your request, recorded the proof of the charges that You supplied, and raised the matter with the Service Provider before reviewing it internally. Following that review, 1206.61 EUR was made available to You as travel credit in your Booking.com Wallet on 17 December 2025. At the point this claim was raised, the Booking remained cancelled and that amount had been provided to You in that form.
CONCLUSION
Before addressing the substance of your claim, it may help to explain how Booking.com's role in this reservation is defined. As per Clause B2.1:
When you make (or request) a booking, it's directly with the Service Provider – we're not a 'contractual party'. Booking.com B.V. owns and operates the Platform. Information about Service Providers and their Travel Experiences (e.g. prices, availability and cancellation policies) is based on what they provide to us.
In practice, this means the accommodation contract for your stay in Rome was between You and the Service Provider, while Booking.com provided the Platform on which the reservation was made and the Customer Service support that assisted You afterward. We recognize how frustrating it is to have anticipated the return of your money to your card and to have received it in a different form, particularly after the disruption caused when the Service Provider became unable to honor your reservation.
This distinction is important when it comes to how your payment was handled. As per Clause A8:
If the Service Provider charges you, this will usually be in person at the start of your Travel Experience, but it could also be, for example, that your credit card is charged when you book or you pay when you check out of your Accommodation. This depends on the Service Provider's upfront payment policy, as communicated to you in the booking process.
For this reservation, the payment was not organized or managed by Booking.com; it was facilitated by the accommodation, meaning the Service Provider charged You directly and held the sums You paid. Because the Service Provider collected and held those funds, any refund of the amounts paid fell to be processed by the Service Provider rather than by Booking.com.
On the form in which You have received value back, Clause A14 is relevant. As per Clause A14:
You can transfer Cash Credits (but not Travel Credits) to a credit or debit card of certain brands.
Although the return of the amounts paid was a matter for the Service Provider, and it became apparent that the Service Provider was not in a position to return them, Booking.com chose to assist You directly. As a goodwill gesture (not an admission of liability), we provided You with 1206.61 EUR on 17 December 2025 in the form of travel credit — the full amount You had paid — which You have since used towards further bookings. By its nature, travel credit carries a monetary value that can be spent across future bookings but cannot be transferred to a card, and Booking.com is not able to convert it into a cash payment.
Taken together, the position is as follows. The payment for this reservation was managed by the Service Provider and not by Booking.com, so responsibility for refunding the sums You paid lay with the Service Provider. Booking.com was under no obligation to return those funds; nonetheless, it provided You with the full amount as a goodwill gesture in travel credit, which has since been used. No further sum is therefore due from Booking.com.
Accordingly, as the payment was not managed by Booking.com and any refund fell to the Service Provider, and as Booking.com has in any event already provided You with the full amount of 1206.61 EUR as a goodwill gesture, Booking.com denies liability and rejects the claim, including any claimed amount and any request for further refund or compensation.
I hope (and trust) that I have informed you sufficiently.
Kind regards,
Marc L.
CS Legal Support Advisor
Booking.com Customer Service Center (Netherlands) B.V.
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