MODERNISATION OF INFORMATION REQUIREMENTS FOR CONSUMERS CRD which articles mutatis mutandis apply to packages.131 However, this list is not amended by the Omnibus Directive with a new Article 6a incorporated in Chapter II CRD on consumer information and the right of withdrawal for distance and off-premises contracts. Therefore, it is justified to ask whether the new Article 6a CRD is excluded from application to package travel contracts. No doubt that the Package Travel Directive, in relation to the CRD, is considered as ‘lex specialis’ or ‘lex posterior’ when dealing with legal regulation of the protection of consumer rights in package travel contracts. The Package Travel Directive provides in detail for consumer rights in package travel contracts, including the rights of consumers that in the CRD are generally laid down for all distance contracts. Therefore, it is justified that the CRD does not apply to package travel contracts but rather a special directive by which the protection of consumer rights in these contracts is adjusted to the nature and content of the contract. However, there are no specific provisions in the Package Travel Directive on consumer protection regarding information requirements for contracts concluded on online marketplaces. Hence, it seems justified to apply the new Article 6a CRD to package travel contracts, as well, although they are provided for in a separate directive. In Article 6a CRD, a completely new obligation for providers of online marketplaces is laid down, which is not considered to be an obligation ensuing from a distance contract entered into on the online marketplace. It is a special obligation for providers of online marketplaces which should apply to all cases of the conclusion of distance contracts where the consumer accepts offers through the online marketplace. In case of an interpretation that Article 6a CRD does not apply to package travel contracts governed by the Package Travel Directive, the consumers who enter into such contracts on online marketplaces would be deprived in regard to the level of received information. They would then be less protected compared to other consumers who buy other tourism services on online marketplaces to which the Consumer Rights Directive applies. To inform consumers on the parameters determining the ranking is of particular importance for making informed decisions on the selection of a travel package. Therefore, it is justified to take a “pro consumer” position, i.e. that Article 6a CRD applies mutatis mutandis to the conclusion of package travel contracts on online marketplaces. This means that when dealing with package travel contracts, 131 Art. 6/7, Arts 8/2, 6, Arts 19, 21 and 22 CRD apply mutatis mutandis. See Art. 3/2 (g) CRD. See recital 48, Art. 27 Package Travel Directive.
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