A recent decision by the Commercial Chamber of the Argentine Courts of Appeal highlights an increasingly relevant issue for businesses operating digital platforms in Argentina: the extent to which an online intermediary may be held liable for harm suffered by consumers in connection with a service booked through its platform.
In “B., D. M. and another v. Booking.com Argentina S.R.L. – Ordinary Proceedings”, decided on 3 September 2026, Chamber A upheld a judgment against Booking.com Argentina S.R.L. following the theft of USD 1,900 suffered by consumers during a stay at accommodation booked through the platform.
The Court confirmed compensation for both property damage and non-pecuniary damage, applying the consumer-protection framework, including the safety obligations arising under Articles 5 and 40 of Argentina’s Consumer Protection Law.
The decision is noteworthy because it illustrates how the analysis of liability may extend beyond the party that physically provides the underlying service.
For international digital businesses, the case raises an important practical question:
Does acting as an online intermediary necessarily shield a platform from liability towards the consumer?
The Argentine consumer-protection framework may impose broader responsibilities where the platform forms part of the commercial structure through which the consumer accesses and contracts for the service.
The Court also addressed the financial consequences of the judgment, setting interest on the dollar-denominated claim at 6% per annum and ordering the defendant to bear the costs of both instances.
As digital platforms increasingly become the gateway through which consumers access accommodation, transport, financial services and other products, the boundaries between intermediation and responsibility are likely to remain an important area of litigation.
Case: Commercial Court of Appeals, Chamber A, B., D. M. and another v. Booking.com Argentina S.R.L. – Ordinary Proceedings, Case No. COM 006845/2023/CA001, judgment dated 3 September 2026.