International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW consumer? There are also no provisions on possible civil liability of the provider of the online marketplace for the omissions in the provision of information. Do we then speak of the violation of a contractual obligation under a contract entered into between consumers and providers of online marketplaces, or of out- -of-contract liability for the violation of the statutory obligation to provide information? Answers to these questions mostly depend on whether national legislators, when transposing the Omnibus Directive, have expressly provided for individual substantive law aspects of the violation of information duties of providers of online marketplaces, or whether general provisions of the applicable contract and tort law apply. The only thing now obviously arising from the CRD provisions is that for the violations of information duties laid down for the providers of online marketplaces, national authorities impose public law sanctions set forth in their national bodies of law.127 The regulation of private enforcement because of violation of the provisions on information duties of providers of online marketplaces is sometimes completely left to the Member States.128 In the context of distance contracts entered into on the tourism services market, another particularly important question arises: does the new Article 6a CRD on additional and specific information requirements for distance contracts concluded on online marketplaces apply to package travel contracts entered into on online marketplaces. Package travel contracts are regulated in the law of the Union by a separate Directive (Package Travel Directive). It is expressly provided in the Consumer Rights Directive that it does not apply to packages as defined in the Package Travel Directive.129 The reason why the CRD does not apply to package travel contracts is the existence of the Union’s legislation on consumer protection in this particular type of contracts.130 It is expressly laid down in the 127 The obligations of the Member States to provide adequate and effective means in their national legislations to ensure compliance with the CRD applies also to the rules referred to in Art. 6a CRD on additional specific information requirements for contracts concluded on online marketplaces (Arts 23, 24 CRD). It means that Member States, in their legislations, must provide for the measures and penalties for the violation of obligations of the provider of the online marketplace regarding the provision of additional specific information pursuant to Art. 6a CRD. 128 The same problems are highlighted in literature regarding consumer remedies for the missing or misleading information provided by platforms in the context of unfair commercial practices. See Busch, Ch., Mak, V. (2021), pp. 112,113. 129 Art. 3/2 (g) CRD. 130 See recital 32 CRD.