International Journal of Tourism, Travel and Hospitality Law 2023

MODERNISATION OF INFORMATION REQUIREMENTS FOR CONSUMERS platform is not a contractual party in a distance contract. In such a way, the provider avoids the responsibility towards the consumer he may possibly have because the consumer has not been properly informed on the identity of the actual trader and has acted by being convinced that he or she is entering into contract with the provider of the online marketplace;119 o if the third party is not a trader, the provider of the online marketplace must provide information to the consumer that the consumer’s rights stemming from the Union’s consumer protection law do not apply to contracts between the consumer and the third party.120 The information must be clearly expressed, it must be concise and prominent.121 Such additional clarification is especially important when entering into contracts on short-stay accommodation via platforms. Although the very information about the third party not being a trader should be a sufficient indicator for the consumer that in the contract, he or she will not be fully protected as consumer, such expressly provided information contributes to a better understanding of the legal position in the contract on the provision of accommodation services; o where applicable, how the obligations related to the contract are shared between the third party and the provider of the online marketplace.122 This information is important for the consumer, because in the law of the Union, the contract between the provider of the online marketplace and the third party is not regulated. Contractual relations between the third party (e.g. the owner of the flat rented for a short-stay accommodation) and the provider of the online marketplace are regulated by the applicable national contract law. As a rule, the consumer will not know how the third party and the provider of the online marketplace have regulated their mutual relations. It is also possible that the consumer will not know which body of law is applicable for the contractual relation between the provider and the third party. Therefore, it is useful that the provider informs the consumer which third party’s obligations 119 See Guidance on the interpretation and application of Directive 2011/83/EU, 2021, pp. 27, 28. 120 See Art. 6a/1 (c) CRD. 121 The provider is not obliged to supply an exhaustive list of the rights consumers are not entitled to under the contract concluded on the online marketplace. See Loos (2020), p. 416. 122 See Art. 6a (d) CRD. However, in Art. 6a (d) CRD, it is expressly laid down that such information is without prejudice to any responsibility that the provider of the online marketplace or the third-party trader has in relation to the contract under other Union or national laws.