AIgree
← back

Airbnb vs Booking.com

Side-by-side comparison of the Terms of Service and Privacy Policy of Airbnb and Booking.com.

Airbnb logo
Airbnb
Travel
★★☆☆☆
User-unfriendly

The platform is usable and has some transparency around pricing, refunds, and supplemental privacy documents, but the terms are heavily protective of Airbnb, with broad waivers, limited liability, arbitration, and strong control over content and account enforcement.

Airbnb’s legal terms frame it primarily as a marketplace platform rather than the direct provider of stays, with booking contracts generally formed between hosts and guests. The terms include extensive liability disclaimers, mandatory arbitration for U.S. users, broad content licensing, monitoring rights, and significant host/guest responsibility for compliance, damages, and taxes. The privacy policy summary confirms Airbnb collects and shares personal information and points users to multiple supplemental privacy documents, but does not provide detail here on retention or sale of data.

Points of interest

  • negative ●●●●● terms
    U.S. arbitration required

    For most U.S. claims, you must go through individual binding arbitration instead of court, and you waive class actions and jury trials. This can make it harder and less economical to bring disputes.

  • negative ●●●●○ terms
    Broad content license

    Anything you post can be widely used, modified, published, and promoted by Airbnb on a perpetual, transferable basis. Users should assume they are giving up substantial control over uploaded content.

  • negative ●●●●○ terms
    Extensive monitoring rights

    Airbnb says it may monitor, review, record, and remove messages and other content for safety, compliance, and enforcement. That gives the company broad discretion over communications and listings.

  • negative ●●●●○ terms
    Strong liability waiver

    Airbnb disclaims most warranties and limits damages, including consequential damages, with liability often capped at amounts paid in the prior 12 months or $100. That significantly narrows what users can recover if something goes wrong.

  • negative ●●●●○ terms
    User assumes broad risk

    The terms say users assume the entire risk of using the platform and participating in stays, experiences, and other interactions. In practice, this shifts much of the safety responsibility onto the user.

  • negative ●●●○○ terms
    Refunds mostly policy-based

    Refunds usually follow the host’s cancellation policy, though Airbnb’s override policies can apply in some situations. This means the refund you expect may not always match the listing’s stated cancellation terms.

  • negative ●●●○○ terms
    Account termination power

    Airbnb can terminate accounts for any reason with 30 days’ notice, or immediately for policy, legal, or safety issues. Inactive accounts over two years may also be terminated without notice.

  • negative ●●●○○ terms
    Automatic deletion after host exit

    If a host terminates their account, confirmed bookings are automatically canceled and guests receive a full refund. That protects guests, but it can also abruptly disrupt travel plans if a host leaves the platform.

  • positive ●●●○○ terms
    Price shown upfront

    Airbnb says booking checkout includes the total price and identifies applicable fees and taxes before you confirm. That improves transparency around what you will actually pay.

  • positive ●●●○○ terms
    Deletion via account closure

    Users can terminate the agreement by deleting their account. The terms also say account termination ends access and related content is not restored, so users have a clear exit path but should back up anything important first.

  • neutral ●●○○○ terms
    Marketplace, not provider

    Airbnb says it mainly provides the platform and is not usually a party to the contract between hosts and guests. Practically, that means many issues with a stay are handled under the host-guest booking terms rather than Airbnb directly.

  • neutral ●●○○○ privacy
    Multiple privacy supplements

    The privacy policy points users to region- and service-specific supplements, plus a cookie policy and other notices. That suggests more tailored disclosures, but also means you may need to check several documents to understand full data practices.

Documents

Booking.com logo
Booking.com
Travel
★★★☆☆
mixed

The service offers meaningful privacy rights and some consumer protections, but the terms also heavily rely on provider policies, allow broad data use and sharing, and give Booking.com significant discretion to cancel bookings or amend terms.

Booking.com’s legal terms position it primarily as a booking platform, not the provider of the travel service itself. The documents include broad data collection and sharing, extensive tracking and personalization, some strong user rights around privacy, and notable platform controls such as account suspension, booking cancellation, content scraping limits, and no-classification-as-a package in linked-travel scenarios.

Points of interest

  • negative ●●●●○ terms
    Provider controls cancellations

    Cancellation, no-show fees, and refunds depend mainly on the travel provider’s policy, not Booking.com’s. Some upfront payments can be non-refundable, which can leave users exposed if plans change.

  • negative ●●●●○ terms
    Booking.com can cancel bookings

    Booking.com may suspend accounts, block bookings, or cancel bookings for rule violations, fraud concerns, or unlawful behavior, and it may do so without refund in some cases. This gives the company significant unilateral control over access to bookings.

  • negative ●●●●○ privacy
    Tracking and marketing profiling

    Booking.com uses cookies and similar technologies for functional, analytical, and marketing purposes, including targeted ads and personalized content. It also combines behavioral data and reservations across devices for marketing and personalization.

  • positive ●●●●○ terms
    Consumer rights preserved

    The terms say mandatory consumer protection laws still apply even if the contract says otherwise. That means users keep non-waivable rights such as protections against fraud, death, injury, or gross misconduct.

  • positive ●●●●○ privacy
    Broad privacy rights offered

    You can access, correct, erase, restrict, port, object to, and withdraw consent for personal data processing where applicable. The policy also gives multiple request channels, which makes exercising rights more practical.

  • negative ●●●○○ privacy
    Extensive data sharing

    The privacy notice says personal data is shared with trip providers, strategic partners, service providers, professional advisors, and authorities when needed. In practice, booking a trip means your information may travel widely beyond Booking.com.

  • negative ●●●○○ terms
    Platform can change terms

    Booking.com says it may make changes to the Terms, with continued use treated as acceptance. This creates a unilateral amendment risk, though material changes are supposed to be announced in advance.

  • neutral ●●●○○ privacy
    Strong data portability

    The privacy policy explicitly says you can port your data, which is useful if you want to move to another service or archive your information. The benefit is moderated by the fact that the exact scope depends on applicable law.

  • positive ●●●○○ privacy
    Cookie opt-out available

    Where required, Booking.com says you can decline analytical and marketing cookies. That reduces some ad tracking, though functional cookies may still be needed for the site to work.

  • positive ●●●○○ privacy
    Clear deletion of call recordings

    Call recordings are not kept indefinitely; they are deleted automatically after 30 days by default unless retention is needed for fraud investigation or legal purposes. That is a comparatively short retention period for support calls.

  • neutral ●●○○○ terms
    No package travel rights

    If you book extra travel services in the same visit or via a follow-up link, the documents say you will not get package-travel protections. Users should understand that linked bookings may have weaker legal protection than a package holiday.

Documents

Comparison is based on each service's published Terms of Service and Privacy Policy. Read the source documents linked above before relying on any specific clause.