International Journal of Tourism, Travel and Hospitality Law 2023

MODERNISATION OF INFORMATION REQUIREMENTS FOR CONSUMERS commercial practices.107 At the end of the day, the level of consumer protection in regard to their being well-informed on online marketplaces, ensured through prohibitions of unfair commercial practices, will depend on the efficiency of the national enforcement measures. However, such decentralised enforcement against unfair commercail practices on online marketplaces may also create significant differences in consumer protection depending on how the national enforcement measures are regulated in individual Member States. This may have a particularly negative impact on the trust of the consumers on online tourism services marketplaces mostly based on cross-border provision of tourism services. 4. SPECIFIC ADDITIONAL INFORMATION REQUIREMENTS FOR ONLINE MARKETPLACES The amendments to the Consumer Rights Directive/CRD added by the Omnibus Directive are also important for modernisation of information requirements for consumers on online tourism services market.108 Beside the already existing information requirements for distance contracts that bind traders,109 the new Article 6a CRD introduces new additional and specific information requirements for contracts concluded on online marketplaces.110 The provider of the online marketplace111 is obliged to provide the consumers with specific information before they enter into distance contracts or before they accept any correspondent offer on the online marketplace. To a large extent, the content, the form and the model of posting information overlaps with the provision of material information laid down in the UCPD in the context of unfair business practices consisting of misleading omissons.112 In Article 6a CRD, the information duties of the providers of online marketplaces which correspond to the rules contained in the UCPD on unfair business practices, are expressly laid down. Therefore, the same standards apply to the provision of information based on Article 6a CRD as is the case with the UCPD. In such a 107 See Arts 11-13 UCPD. 108 See Art. 4 Omnibus Directive. 109 See Art. 6 CRD. 110 See the new Art. 6a CRD inserted by Art. 4 (5) Omnibus Directive. 111 “Online marketplace“is defined in CRD in the same way as in UCPD. See Art. 2 (17) CRD inserted by Art. 4 (1) (e), Omnibus Directive. 112 See Art. 7, UCPD. For more see under 3.