INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW way, additional consumer protection regarding the available information received on the online market is ensured and it can also be achieved when the violation of information duties by the provider of the online marketplace is not at the same time considered to be unfair commercial practice. The provider of the online marketplace must provide four sets of information for the consumer that is important for making a decision on the selection of goods or services offered on the online marketplace: o general information on the main parameters determining ranking113 of offers presented to the consumer as a result of the search query and the relative importance of particular parameters as opposed to some other parameters.114 The obligation to inform arises when the marketplace provides, following a consumer’s search query, search results referring to products/services offered by different traders or consumers hosted on the marketplace;115 o whether the third party (consumer’s contractual party) offering goods, services or digital content is a trader or not.116 This information is provided by the provider of the online marketplace on the basis of the declaration submitted by the third party to the provider. It is obtained on the basis of the third party’s declaration passed by the provider to the consumer.117 The provider of the online marketplace must provide information to consumers in a clear and comprehensible manner and separately from all other information provided for consumers, as well as separately from standard terms and conditions or similar contractual documents.118 Clear information on the status of the third party is important for consumers because on the basis of that information they can conclude whether, in the contractual relationship with the third party, they will or will not be able to exercise the protection of their consumer rights. Indeed, this information is also important for the provider of the online marketplace. It acquaints the consumers with the fact that the provider of the 113 CRD does not contain a separate definition of ‘ranking’ but refers to the definition in UCPD. 114 See Art. 6a/1 (a) CRD. General information must be available in a specific section of the online interface that is directly and easily accessible from the page where the offers are presented. 115 See Guidance on the interpretation and application of Directive 2011/83/EU, 2021, p. 39. 116 See Art. 6a/1 (b), CRD. 117 See Guidance on the interpretation and application of Directive 2011/83/EU, 2021, p. 40. 118 See recital 27, Omnibus Directive.
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