International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW the providers of online marketplaces would be bound to provide consumer information specified in Article 6a of the Consumer Rights Directive. Such an approach may significantly contribute to a greater protection of consumers on the online tourism services market. 5. CONCLUSION The main and dominant method of ensuring the transparency of the digital market, including the online market of tourist services, is the adjustment of traditional rules on information requirements and information duties of traders who, in various roles, participate in the dealings on the digital market. By the new rules, the catlogues of information are extended only for the online market. The model of fulfilling information duties is adjusted to digital operations. The circle of traders bound to provide information is also extended to traders who offer mediation services via platforms. Information duties are also laid down for the mutual relationships between traders on online platforms. In short, the ‘information based approach’132 in the organisation of mutual relations among various participants on the digital market continues to be dominant. For now, the fact that business is largely being done on the digital market, that new business models are permanently developing on the online market, that business operations via intermediary platforms are intensified, has not brought any significant changes in the law of the Union regarding the substantial organisation of contractual relations whereby freedom of contract would be ensured for all contractual parties. Just like on the offline market, transparent information continues to be a dominant method which should make it possible for the weaker party (consumer, business user of online intermediation services) to make a free and informed decision on the selection of products or services on the online market and to effectively protect its own contractual rights. The traditional concept of organising such information duties in the form of rules has been kept. New unfair commercial practices, typical for online marketplaces and online platforms are stipulated which indirectly also lay down new information duties of online marketplaces.133 132 See Narciso, M. (2022a) p. 361. 133 Similarly, the European Commission also emphasises that “the UCPD works as a ‘safety net’ ensuring that a high common level of consumer protection against unfair commercial practices can be maintained in all sectors, including by complementing and filling gaps in other EU law.“Taken from Guidance on the interpretation and application of Directive 2005/29/EC, 2021, p.8.