International Journal of Tourism, Travel and Hospitality Law 2023

MODERNISATION OF INFORMATION REQUIREMENTS FOR CONSUMERS the ranking is based.84,85 A general description of the most important parameters will suffice. This description need not be presented in a customised manner for each individual search query.86 The second obligation regards the model of presentation of the main parameters. Information must be condensed, prominent and easily accessible. It must be directly connected with the results of the query and also easily accessible. The posted information must not be “hidden” on an online interface or within general terms of service.87 The information on parameters must be presented in a way so as to enable the consumer to have direct and easy access to it and and it must be accessible to consumers when they enter a search query.88 Indeed, the data on the parameters determining the ranking of products and their easy accessibility are of particular importance in the tourism sector. In most cases, consumers make their decisions on the selection of a tourism service, on the basis of rankings of various parameters. A higher rank, or a more prominent position of offers, are considered to have a significant impact on the consumers’ decisions.89 In practice, however, problems may arise in relation to the assessment what information regarding parameters is considered as general information and which parameters are considered to be the ‘main parameters’. At the end of the day, the provider of the online marketplace decides on the following issues: o information about whether and how the trader ensures that the posted reviews originate from the consumers who have actually used or purchased the product (e.g. from consumers who already used travel services or short-rental accommodation services).90 However, the obligation of the provider of the online marketplace to check whether the posted reviews originate from the consumers who have actually used or purchased the product does not arise 84 See Loos (2020), p. 415; Hiwatashi Dos Santos, G. (2020), p. 84. 85 Information requirements regarding parameters is thus aligned with Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. 86 See recital 23, Omnibus Directive. In this regard, there are differences in the content of information on parameters determining the ranking the provider must provide for the consumer and information on parameters which must be provided for business users under P2B Regulation. 87 See Hiwatashi Dos Santos, G. (2020), p. 89. 88 See Guidance on the interpretation and application of Directive 2005/29/EC, 2021, p. 91. 89 See recital 18, Omnibus Directive. 90 Art. 7/6 UCPD inserted by Art. 3 (4) (c), Omnibus Directive.