Duff on Hospitality Law

Good Sunday morning from Seattle . . .  Our weekly Online Travel Update for the week ending Friday, March 28, 2025, is below.  This week’s Update features stories on a variety of topics including Perplexity’s big booking announcement, HotelTonight’s introduction of Airbnb’s first ever “discounts” and two perspectives on Booking.com’s budding partnership with OpenAI.  I hope you enjoy.

• • Booking a Hotel Now Possible Through an AI Search Engine.  Clunky, yes, but Perplexity’s new booking platform is a big step.  Perplexity announced last week that it has partnered with TripAdvisor and Selfbook to launch the first AI search engine booking platform.  In response to natural language searches, users of AI search engine will receive a list of hotel properties created from content provided by TripAdvisor.  Users selecting one of the roughly 140,000 properties on Selfbook’s booking and payment platform will be able to book and pay for their booking without leaving Perplexity.  Users selecting properties not on Selfbook’s platform will be re-directed to third-party websites like Skyscanner (part of the Trip.com group) to complete the booking.   Today, the booking option is only available to website users, though a mobile solution is on its way.   The jury is still out on whether these AI search based booking options pose a greater threat to existing intermediaries (OTAs) or suppliers (e.g., who is ultimately providing the bookable inventory).  History has shown that the tech savvy intermediaries (armed with billon dollar marketing budgets) are usually the first to leverage these new technologies.
    
    
  • HotelTonight Introduces First Airbnb Discount.  Users of Airbnb’s hotel booking platform, HotelTonight, will receive a credit (10% of the HotelTonight rate) toward a future Airbnb stay.  The credits remain valid for one year following the HotelTonight stay and are automatically applied to users’ Airbnb accounts. 
    
    
  • Two Perspectives on OpenAI’s Relationship with Booking.com.  In two separate stories last week, Skift presented the views of first OpenAI and then Booking.com on the two companies’ budding relationship.  Here are the highlights:
    • • OpenAI is currently working with several clients, including Booking.com, to build industry specific applications based on the same large language model (LLM) that powers ChatGPT. 

• • • • OpenAI has no current plans to specialize in any particular industry (like travel), but it uses travel (like other industries) to improve its general application platform.  Travel is one of the primary use cases used to test updates to OpenAI’s software.

• • • • OpenAI’s agentic products (like Operator) may soon be part of the parties’ growing relationship. 

• • • • According to Booking.com, users of its booking platform are starting to change their search behavior and including AI generated summaries as part of their booking process. 

• • • • Booking.com’s current efforts are largely focused on its trip planner, which it launched in 2023, though it also exploring possible uses of agentic platforms (like OpenAI’s Operator). 

Have a great week everyone.

Good Sunday morning from Seattle . . .  Our Online Travel Update for the week ending Friday, March 21, is below.  This week’s Update features a number of stories on the EU’s renewed interest in pursuing competition compliance, even if in the face of threatened U.S. tariffs.  What this might ultimately mean for Google search and/or Booking.com remains to be seen.   Enjoy.

• • EU Issues Preliminary Findings Regarding Google.  The European Commission issued preliminary findings this past week concluding that Google’s “self-preferencing” of its flight and accommodation business violated the Digital Markets Act (DMA).  With these findings in hand, Google can now prepare a formal response.  Google’s initial response (noting that the findings were “misguided”) claimed that changes already made by Google to comply with the DMA were causing EU travel businesses to lose direct traffic.  Initial published reactions were mixed.  Trivago applauded the findings.  Others, particularly those concerned about the effects of further Google changes on direct bookings, raised concern.  What about Booking.com, you ask?  According to Skift, the EU Commission is monitoring Booking.com’s DMA compliance and speaking to hoteliers and others in the EU travel industry.
    
    
  • “Don’t Write Off AI as Hype,” – Chris Hemmeter.  By now, many of my readers are probably growing tired of the many stories on AI, particularly generative AI and its predicted effects on travel – at all stages of the funnel.  For some time, I too thought AI was a lot of hype (like we’ve seen in the industry in years past) and would ultimately fade away.  My perspective changed dramatically with the first demos of agentic AI like OpenAI’s Operator.  Since then, I’ve tried to persuade clients to take a closer look at AI and its likely effect on client’s existing sales, marketing and distribution practices (not unlike the disruption hoteliers experienced following 2001 with the tremendous growth of OTAs).  My efforts have seen mixed results.  If you don’t believe me, maybe you might believe Chris Hemmeter, a long-time friend, industry savant and managing partner at Thayer Ventures.  In Chris’ presentation last week at the WiT Africa conference in South Africa, Chris explains why he believes generative AI is both an existential threat to travel suppliers and enormous opportunity for industry entrepreneurs.  I hope you take the time to read the story.
    
    
  • AI-Generated Traffic Results in Higher Engagement, But Lower Conversions.  In a report released last week by Adobe, Adobe details the tremendous growth in AI-generated traffic to retail and travel sites (in some instances 1700% increase YOY).  But what about these AI users?  Adobe’s research reveals that these users are more engaged (e.g., more time spent on the website, more pages viewed and a lower bounce rate), but they are less likely to convert – at least right now (but that number is increasing, which according to Adobe, reveals that users are becoming more comfortable with these new tools).   

Have a great week everyone. 

Happy Saturday from Seattle . . .  Our Online Travel Update for the week ending Friday, March 14, 2025, is below.  What started as a relatively quiet week in the travel industry (other than the concerning reports from several major airline carriers that captured much of the travel industry’s attention and reporting), finished with a bang as multiple outlets began warning on Friday of a widespread phishing campaign targeting the hospitality industry via fake Booking.com emails.  I hope you enjoy.

• Microsoft and Others Warn of Widespread Phishing Campaign Via Booking.com.  The campaign, which, according to Microsoft, began in December 2024, uses an increasingly popular social engineering technique called ClickFix to deliver malware designed to steal users’ credentials.  According to Microsoft,  “[T]his phishing attack specifically targets individuals in hospitality organizations in North America, Oceania, South and Southeast Asia, and Northern, Southern, Eastern and Western Europe, that are most likely to work with Booking.com, sending fake emails purporting to be coming from the agency.”  The fake emails encourage recipients to respond to negative reviews left on the platform by purported guests.  Recipients of the emails are then re-directed to a fake page that ultimately allows the hackers to collect payment and personal information.  So why are these campaigns targeting Booking.com and not other travel platforms?  The answer isn’t clear, though earlier last week, the UK consumer watchdog Which? reported that the lack of effective checks left Booking.com wide open to fraudulent campaigns (and listings) and urged the platform to do more to prevent fraud on its side.  Even if Booking.com chooses to ignore these requests, the UK’s Online Safety Act (which takes effect this year) may force its hand – at least in the UK.
  
  
• California Legislature Is Focused on Allegedly Abusive Predictive Pricing.  California legislators have introduced five (yes, five) bills aimed at limiting or preventing predictive pricing.  Predictive pricing involves the use of various technologies (including AI) to set different prices for the same products and services (including travel) based on users’ personal information (e.g., browsing history, residence).
  
  
• Another Week and Another Booking Platform Announces Its AI Partnerships.  South Korean online travel agent, Yanolja, announced this past week new partnerships with Google and OpenAI (including OpenAI’s new agentic AI tool, Operator) to offer new products and services to hoteliers and to enhance users’ trip planning experience.
  
  
• Massachusetts AG Releases New Junk Fees Rule.  Massachusetts’ Attorney General, Andrea Joy Campbell, announced the new regulations this past week as part of National Consumer Week.   Like the FTC’s recently issued final junk fee rule (which takes effect this May), the new Massachusetts’ regulation requires hoteliers to present most prominently the total price (rate and mandatory fees) of products and services whenever pricing is presented.  Taxes and other government charges are excluded from total price, though of note, taxes and charges on a hotel that the hotel chooses to pass on to the guest are not excluded.  The regulations also expressly require hoteliers to provide the nature and purpose of the mandatory fees.  The new regulations take effect on September 2, 2025.  This newest regulation underscores the need for uniform regulation of junk fees across the United States, which is a critical component missing from the FTC’s rule. 

Have a great week.

Happy Sunday afternoon from Seattle . . .   Our Online Travel Update for the week ending Friday, March 7, 2025, is below.  The past week was relatively quiet one, with only minor announcements by a few of the largest industry players - Booking.com and Expedia (and Chase Travel?).  I hope you enjoy.

• • Travel Technology Association Launches Podcast.  Our readers know that I often feature stories from the Travel Technology Association’s weekly newsletter – Passport Newsletter.  Last week, the Association announced that it was launching a weekly Podcast featuring Association President, Laura Chadwick, interviewing industry leaders on various policy issues.  The first episode is out and available to download now.    
    
    
  • Booking.com Updates State of AI Adoption.  Speaking at ITB Berlin last week, Booking.com’s, SVP of Accommodations, Matthias Schmid, provided an update on the platform’s growing use of artificial intelligence.  Uses identified by Schmid include identifying and sourcing third-party content (including user reviews) to improve property descriptions, powering Booking.com’s generative trip planner and ongoing experimentation with OpenAI and its agentic AI platform (Operator).   
    
    
  • Banks and Credit Card Companies Continue Their Steady March into Travel.  It’s been a few weeks since we last featured a story on a major bank’s and/or credit card company’s latest travel industry success.  Don’t let our silence fool you.  As evidenced by Skift’s latest research report, the banks and credit card companies are continuing their meteoric rise.  For example, Skift predicts that in 2024, Chase Travel became the third largest B2C online travel booking platform (based on gross booking volumes), behind only Expedia and Booking.com.

Have a great week everyone.

Good Sunday morning from Seattle . . .  Our Online Travel Update for the week ending Friday, February 28, 2025, is below. This week’s Update features a variety of stories from a variety of sources, including some new sources. It is often easy to rely on the industry pillars – Phocus Wire and Skift – both of which do an amazing job of covering the travel world. As our Update continues to evolve, we will continue to look for new sources, new perspectives and new opinions on the stories we believe are most relevant to our readers, including a few perspectives from resources in my own backyard here in Seattle.   

For those of you interested, we are attaching a copy of the transcript from Tripadvisor’s recent earnings release call.  As I noted in last week’s Update, Tripadvisor CEO, Matt Goldberg, used the call to share some interesting details on Tripadvisor’s recently announced partnership with generative AI platform, Perplexity, as well as its collaborations with other AI platforms. 

Enjoy.

• • Another Year and Another Record Broken on Annual OTA Marketing Investments.  Every year we seem to feature the same story.  Another year and another OTA annual marketing spend record is broken.  According to recent financial reporting, Trip.com, Airbnb, Booking Holdings and Expedia Group spent a combined $17.8 billion on marketing during 2024, an increase of a billion dollars over 2023 amounts. 
    
    
  • Amazon Unveils Alexa+.  This past week, Amazon unveiled its latest iteration of its well-known voice assistant, Alexa.  Alexa+ combines the voice assistant with, you guessed it, generative AI, to produce “free flowing conversations.”  Although the many demonstrations circulated online (as least those that I saw) did not feature travel (they did include booking online restaurant reservations), Amazon claims that the new AI enabled assistant will be able to book travel for users and announced that it was launching the new service with travel partners, Booking Holdings, TripAdvisor, Uber and Fodor’s.  The service will start rolling out across the U.S. in the weeks ahead and Amazon Prime members will receive free access to the new assistant.

• • AH&LA Supports Re-Introduction of Federal Junk Fees Legislation.  This past week saw the re-introduction of junk fees legislation in both the U.S. House and Senate.  AH&LA issued statements supporting the legislation.  You may ask why federal legislation is needed at this point with the FTC’s junk fees rule is scheduled to take effect in May.  In one word, pre-emption.  The FTC’s rule does not pre-empt similar junk fee efforts at the state level and allows states to freely adopt their own more restrictive (and often inconsistent) rules. 
    
    
  • Will the EU’s Digital Markets Act (DMA) and Digital Services Act (DSA) Be Enforced Against U.S. Companies?  The last few stories in this week’s Update focuses on questions arising in Washington D.C. among President Trump and Republican law makers regarding the EU’s allegedly “select” enforcement of the DMA and DSA against U.S. technology companies.  The effort gained momentum last week with President Trump’s issuance of a new Executive Order stating, among other things, that regulations (like the EU’s DMA and DSA) will “face scrutiny from the Administration,” and U.S. Representative Jim Jordan’s letter to EU Commissioner Teresa Ribera asking her to clarify the DMA’s rules. (In each case, echoing the concerns of U.S. tech companies designated under the DMA as “gatekeepers”).  These concerns come as the EU Commission is reportedly poised to issue fines against Google for its failure to comply with the DMA.  What does this mean for hoteliers hoping to see meaningful EU mandated changes from Booking.com?  Will the fear of retaliatory tariffs convince EU regulators to limit or prevent their enforcement of these new rules against U.S. companies like Booking Holdings?  Like so much these days, no one knows.

Have a great week everyone.