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European Court of Justice rules that OTAs can no longer enforce hotel price parity

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A long time ago, at the dawn of the internet, hotel groups made some very big mistakes when dealing with nascent online travel agents.

Scared of being left behind, they entered into agreements that tied them into stupidly high commission levels – 22% is the norm – and ‘price parity’ agreements.

The airlines were not so stupid, and have mainly stopped paying commissions to agents with no real impact. This is another story, however.

European Court of Justice rules that OTA's can no longer enforce price parity

‘Price parity’ was a crazy thing to agree. Hotel groups basically promised Expedia Group and Booking.com – which control the majority of online hotel booking sites globally, even if its not always obvious from the branding – that they would always have the lowest price.

It left hotels unable to discount their rooms via their own or other third party channels, because if they did they were obliged to immediately offer the same rate via the ‘big three’.

One way around this was the introduction of ‘member rates’. Hotels big and small now promise better rates if you join their loyalty programme or register on their website. This gets around ‘price parity’ rules because the discount is given to a ‘closed group’ – even if the closed group is 200 million people strong, which is the size of Hilton Honors and Marriott Bonvoy.

The ECJ steps in

The European Court of Justice has had enough of this. Some countries such as Germany had already banned ‘price parity’ deals but the issue had finally made it to the ECJ.

On 19th September, it ruled against Booking.com’s use of price parity clauses in its hotel contracts.

The ruling states that ‘price parity’ restrictions are unnecessary and could reduce competition because it makes it difficult for hotels to differentiate their pricing strategies.

European Court of Justice rules that OTA's can no longer enforce price parity

Previous legal judgements had meant that ‘price parity’ rules could no longer cover other online travel agents. Current contracts typically only compare what is being charged by the hotel directly with the price offered via the OTA. In reality, this still means that Expedia Group, Booking.com and Priceline will end up charging the same because each insists that the hotel does not undercut their rate.

In their defence, online travel agents claim that they will lose out. The agents provide a helpful service for you by listing, say, all 4-star hotels with a swimming pool in a specific area of London, but customers would then go off and book their preferred choice directly if it is cheaper.

This isn’t the end of ‘price parity’ just yet

Don’t expect hotel prices to change immediately though:

  • the UK isn’t covered by ECJ rulings any longer, so it would require the Competition & Markets Authority in the UK to agree a parallel deal
  • this deal only applies to Booking.com, although there is no doubt that Expedia Group, Agoda and Trip.com will have to change their own contracts too
  • there is a concern that hotels which do start offering cheaper rates than the portals will see themselves demoted to Page 26 or similar of Booking.com’s property results, so it isn’t certain that properties will start breaking ranks

There is a more technical, but still easy to read, summary of the story on the LegalDive website here.


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Comments (50)

This article is closed to new comments. Feel free to ask your question in the HfP forums.

  • Pb says:

    I always hope the hotel will ‘appreciate’ my direct booking more and ensure I get a better product , not that I have much evidence of this but it would make sense .

    • EC says:

      Impossible. I always used to book direct when the rate was the same until one time I turned up and they said they couldn’t give me the room I paid for and downgraded me with an offer of “a free drink at the hotel bar”. The gentleman said they had to give the room to a Booking.com user because the OTAs hold so much power

      • RussellH says:

        My experiences back in my tour-operating days do not support that.
        Two examples, based on the typical type of hotels I used to book for my packages – medium size family owned and run, in Germany.

        1. A regular customer contacted me for a stay at Hotel A. He said that he had checked online, and was concerned at the apparent lack of availability. I phoned the hotel and spoke to the owner/manger, who I knew well. She told me that “of course we have availability, we never offer more than 75%-80% of rooms online. We keep our better rooms for our partners like you.”

        2. A prospective customer asked me to cost a proposed package, though only one of his stopover points was somewhere I had good connections.
        He decided that he could do better on his own, primarily booking via HRS (a large German OTA that in the past, certainly worked with Lufthansa). I contacted the hotel where I had a room for them on hold and told them what had happened. The owner/manager told me “Oh, they booked on HRS. What they do not know is that we only offer our worst half-dozen rooms there (in Rob’s parlance “with a view of the bins”); we never give them to those who book direct.”

        Most of my former competitors had similar stories to tell.

  • TGLoyalty says:

    Wasn’t this just price fixing? If the OTAs can’t be undercut?

    • Rhys says:

      Price fixing is when you agree with your competitors (eg other hotels) to offer your services at a mutually fixed price.

      Price parity just insists that whatever price you charge, must also be charged anywhere else.

  • Bernard says:

    For the knowledgeable booker, especially on higher rate hotels, find the OTA rate, then directly contact the hotel. They will often agree a 10-15pct discount if you book direct, while still leaving them better off.
    On £700-£900 a night room/suites it saves you up to £405 over three nights and leaves the hotel £189 better.
    When things go wrong (ie another BA flight snafu), direct bookings tend to see hotels be more understanding/accommodating.
    Pay with you Amex or HSBC, and always put the hotel loyalty in.for points.

  • Occasional Ranter says:

    I booked several rooms at the Kempinski Berchtesgaden through FHR last month. Tried to get the hotel to beat FHR’s prices by calling them direct but they said they were unable to due to an agreement with Amex. Presumably that’s also caught by this ruling ?

    • Rob says:

      That’s rubbish unless you wanted FHR benefits in which case it’s correct and legal. If I agree a HfP exclusive deal for readers I am obviously able to ensure the company keeps it exclusive.

    • JDB says:

      @Occasional Ranter – it’s all in the asking! For all the hotel knows you might be testing whether the hotel is honouring its contract(s). Your request for the hotel to match the FHR is akin to asking a (non professional) to sleep with them as an opening gambit. Hotels are very commercial and pragmatic so can recognise they will get more revenue dealing directly with you but they also have valuable commercial arrangements so some subtleties / niceties are needed from a potential guest.

      • Jonny says:

        How can you ask them to match or beat a rate if you can’t tell them who or what the rate is?

  • MrHusky42 says:

    I will continue to use Booking.com. My customer experience with their app is excellent. Especially with last minute bookings. With them, i allways manage to find a good hotel at a fair price. Even last minute, even in high season and even in very popular expensive towns. Today I booked an hotel in The Netherlands. Through the BA EC link I now get 6 Avios per GBP. This used to be 4 Avios per GBP.

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