International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW towards the consumer will be fulfilled by the provider and in what capacity. The consumer’s decision on his or her selection from among the offered services may depend on such information. The new CRD rules on additional specific information requirements for providers of online marketplaces are at the same time the rules of minimal harmonisation. The Member States may also introduce additional information requirements for providers of online marketplaces.123 It is only important that these are proportionate and non-discriminatory provisions justified on grounds of consumer protection and without prejudice to the Directive on Electronic Commerce. However, minimal harmonisation rules and additional information requirements may lead to differences in consumer protection in terms of the level of information received on online marketplaces. Because of the fact that mostly cross-border distance contracts are involved, it seems that better effects of consumer protection could be achieved by maximum harmonisation. New additional specific information requirements for contracts concluded on online marketplaces will undoubtedly contribute to a better level of information obtained by the consumers when entering into distance contracts on online marketplaces. A special step forward has taken place in connection with distance contracts mutually made by consumers via online marketplaces. Although in such cases, a consumer who has accepted an offer does not enjoy the protection under EU consumer protection rules, the possibility to make an informed decision on the selection of an offer on the online marketplace on the basis of additional information exists. Hence, just like with new, unfair commercial practices, we can speak of a significant progress in ensuring the transparency of the online market, including the one on online tourism services. However, just like with unfair commercial practice, enforcement takes place in a decentralised manner, at the level of Member States.124 Therefore, positive effects of the introduction of new information requirements for distance contracts concluded on online marketplaces largely depend on the efficiency of enforcement carried out by the competent bodies of the Member States. Indeed, national rules on the public law implementation of sanctions against the violation of information duties by the providers of online marketplaces play a particularly 123 Art. 6a/2 CRD. 124 Arts 23, 24.