are derived (e.g. such as the obligation of paying the no-show fee). When the contract is entered into via the Internet, it is important to secure easy access and good visibility of information and if possible, also gradual introduction of information depending on the moment which is relevant in the process of the conclusion of a contract.27 Only then is the customer, as the person placing the order, brought into a situation to make an informed decision whether to book a reservation or not. 3.3. Unfairness of no-show clause Under EU law, consumers are protected from any unfair contract terms in any consumer contracts, including those on the provision of hospitality services entered into by consumers and those, who within their business activity or profession provide hospitality services.28 Consumer protection against unfair contract term is set forth in Directive 93/13 on unfair terms in consumer contracts29 (hereinafter: UCT Directive). The main rule is that unfair contract terms in consumer contracts are not binding on the consumer.30 A contract term in consumer contracts is unfair if several preconditions have cumulatively been met. First, it must be a contract term which has not been separately negotiated.31 Second, the contract term must be contrary to the requirement of good faith causing a significant imbalance in the parties’ rights and obligations arising under the contract.32 Third, imbalance must exist between the rights and obligations of the parties to the detriment of the consumer.33 All these rules also apply accordingly to no-show clauses stipulated in customer reservation contracts. No-show clause in reservation contracts is undoubtedly 27 Guidance on the interpretation and application of Directive 2011/83/EU on consumer rights, OJ C 525, 29.12.2021, pp. 22, 23, published at https://eur-lex.europa.eu/legal-content/EN/ TXT/?uri=oj:JOC_2021_525_R_0001 (accessed: 9/10/2025). 28 On the concept of consumer contract, consumers and traders in the context of the protection from unfair contract terms in EU law see Josipović, T.: Scope of Application of the Unfair Contract Terms - Directive: Is it Time for a New Compromise?, European Review of Private Law 3/2024, pp. 336-345, 357-362. 29 OJ L 95, 214.1993, pp. 29–34. Current consolidated version (28/05/2022) see at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX- %3A01993L0013-20220528 (accessed: 7/10/2025). 30 Art. 3/1, Art. 6/1, UCT Directive, On nonbinding effects of unfair provisions in consumer contracts, for more see Elizalde, F.: Remedies for Unfair Terms in Light of the General Principles of EU Law, European Review of Private Law 3/2024, pp. 461–496. 31 See Josipović, T. o..c., pp. 362-366. 32 See Sørensen, M.J.: The Unfairness Test: From Sleeping Beauty to Little Mermaid, European Review of Private Law 3/2024, pp. 403-406; Schulte-Nölke, H.: The Objectives of Directive 93/13/EEC on Unfair Contract Terms: An Overview after 30 Years of Case Law, European Review of Private Law 3/2024, pp. 324-328. 33 Art. 3/1, UCT Directive. 124 TATJANA JOSIPOVIĆ
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