International Journal of Tourism, Travel and Hospitality Law 2023

MODERNISATION OF INFORMATION REQUIREMENTS FOR CONSUMERS important role.125 The efficiency of sanctions will also be of special importance particularly in situations where violations of information duties are not considered as unfair commercial practices and where it is not possible to implement sanctions laid down in the UCPD. The introduction of special rules on information requirements for distance contracts concluded on online marketplaces in the Consumer Rights Directive has revealed some new questions regarding the codification of legal relations between the parties when entering into such contracts. In practice, these doubts may diminish the positive effects of the modernisation of the rules on information requirements for distance contracts. In the CRD, distance contracts are considered as consumer contracts concluded between consumers and traders with the exclusive use of the means of distance communication and without the simultaneous physical presence of the trader and the consumer.126 It is fully justified that such a way of entering into contracts requires particular protection of consumer rights provided for in the CRD. The new Article 6a CRD also lays down specific obligations of the provider of the online marketplace although he is not a contractual party in distant contracts entered into on online marketplaces. These rules now also apply to distance contracts entered into between consumers on the online marketplace although the CRD does not apply at all to such distance contracts because the person offering goods or services is not a trader. At the same time, the new Article 6a CRD does not provide for any specific substantive law aspect of legal relationships between the parties in a distance contract on the one hand, and the provider of the online marketplace on the other hand (in connection with the fulfilment of additional specific information duties of the provider). It is not laid down how the provider’s omission to inform the consumer impacts a distance contract subsequently entered into, or the rights and obligations of the parties to a distance contract. Is the full and transparent provision of information considered to be a precondition for entering into a distance contract? Is a distance contract valid if, on the online interface, not all information prescribed in Article 6a CRD are given? What is the impact on the validity of a distance contract of the fact that the provider of the online marketplace has provided inaccurate and incomplete information to the 125 Omnibus Directive has not changed the concept of decentralised enforcement and imposition of penalties applicable to infringement of the national provision adopted pursuant to the CRD. By Omnibus Directive, the system of penalties is only strengthened by the introduction of non-exhaustive and indicative criteria for the imposition of penalties. See the new Art. 24 CRD replaced by Art. 4 (13), Omnibus Directive. 126 See Art. 2 (7) CRD.