Application Comment Details


svpmiwle

Johannes Lenz-Hawliczek

HOTEL Top-Level-Domain Sarl

Booking.com B.V.

HOTELS

1-1016-75482

Other

Objection to Change Request

11 February 2016 at 18:56:07 UTC

Comment to Change Request by Booking.com – filed by Hotel Top-Level-Domain Sarl

According to the change request, Booking.com added in addition to themselves “Eligible Trusted Third Parties” as eligible registrants.

The change request, however, does not describe how eligibility is determined. Insofar it is open whether Booking.com customers’, hotels, internet users in general or any other entity will be eligible to register domains in the TLD .hotels.

Change requests have to fulfill certain criteria:

Change Request Determination Criteria (https://newgtlds.icann.org/en/applicants/global-support/change-requests)

Determination of whether changes will be approved will balance the following factors:

1. Explanation – Is a reasonable explanation provided?

2. Evidence that original submission was in error – Are there indicia to support an assertion that the change merely corrects an error?

3. Other third parties affected – Does the change affect other third parties materially?

4. Precedents – Is the change similar to others that have already been approved? Could the change lead others to request similar changes that could affect third parties or result in undesirable effects on the program?

5. Fairness to applicants – Would allowing the change be construed as fair to the general community? Would disallowing the change be construed as unfair?

6. Materiality – Would the change affect the evaluation score or require re-evaluation of some or all of the application? Would the change affect string contention or community priority consideration?

7. Timing – Does the timing interfere with the evaluation process in some way? ICANN reserves the right to require a re-evaluation of the application in the event of a material change. This could involve additional fees or evaluation in a subsequent application round. (AGB §1.2.7.)

We consider the above-mentioned definition of “Eligible Trusted Third Parties” as incomplete according to

1. Explanation – Is a reasonable explanation provided?

as no explanation has been provided who “Eligible Trusted Third Parties” are.

We request that this explanation is added to the change request.