International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW not apply. The EU conflict of laws rules on jurisdiction and enforcement in cross-border cases protecting the consumers do not apply either. In the context of online tourist services marketplaces, this information is particularly important because of an increasingly intensive development of collaborative economy in the sector of tourism. Short-stay accommodation rentals via platform are most frequently offered exactly by persons not having the status of traders; o general information on the parameters79 determining the ranking of the product or service offered by different traders or by consumers (e.g. hotel accommodation offered by different hotels).80,81 The information should consist of two sets of mutually connected data. First, the provider of the online marketplace must describe the main parameters determining the ranking of products/services presented to the consumer as a result of the search query. Second, the relative importance of those parameters, as opposed to other parameters, must also be stated.82 The information must be available in a specific section of an online interface that is directly and easily accessible from the page where the query results are posted.83 Two obligations arise from this provision of the UCPD for providers of online marketplaces. The first obligation regards the content of information. The provider is obliged to provide only general information on the main parameters determining the ranking and their relative importance. However, providers of online marketplaces do not need to post all the parameters determining the ranking and they also do not need to explain the functioning of algorithms on which 79 The concept of “parameters” is defined in recital 22 of Omnibus Directive. “Parameters determining the ranking mean any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking,” (taken from recital 22, Omnibus Directive). 80 Art. 7/4a UCPD inserted by Art. 3 (4) (b), Omnibus Directive. It is expressly prescribed that this information is considered to be “material information” if the provider of the online marketplace provides consumers with the possiblity to search the products on the basis of a query in the form of a keyword, phrase or other input, irrespective of where transactions are ultimately concluded (Art. 7/4a UCPD). 81 By the introduction of transparency of the parameters determining the ranking in the UCPD, new transparency requirements are applied in C2B legal relations. The transparency requirements for the parameters in the relations between platforms and business users provided for in P2B Regulation are paralelly valid. 82 Art. 7/4a UCDP inserted by Art. 3 (4) (b) Omnibus Directive. 83 The obligation does not apply to providers of online search engines as defined in point (6) of Article 2 of P2B Regulation.