International Journal of Tourism, Travel and Hospitality Law 2023

Liability of online platforms in tourism sector Monika Jurčová1 1. Rise of platform economy and gamification. 2. Online platform, its definition and classification criteria. 3. Platforms operating in the tourism market and their services. 4. Liability of online platforms. 4.1 Primary liability. 4.2 Secondary liability and safe harbour under E-commerce directive. 4.3 Liability under Package Travel Directive 2015. 5. Conclusion The paper provides an overview of the main factors contributing to the rise and importance of online platforms in the tourism sector. Basic criterias for distinction between various online platforms functioning in the market of travel and hospitality services have been introduced. The main part of this paper deals with the sources of liability of online platforms. The special attention has been paid to the possible sources of their secondary liability as it has evolved in the legislature and case law of European Union. The paper has been prepared shortly before adoption of the Digital Services Act and Digital Markets Act and therefore it may serve as the topical explanation of the main reasons contributing to the need for adoption of new measures. Future will show whether ambiguity of the past concerning the liability of the online platforms will be overcome by new legislation. Keywords: online platform, travel service, liability, information society service, intermediation. 1. RISE OF THE PLATFORM ECONOMY AND GAMIFICATION The tourism and hospitality sector is one of those that has been hugely transformed and technology-driven in the last decade. This transformation is DOI 1 Department of Civil Law and Commercial Law, Faculty of Law, Trnava University, Slovakia; e-mail: The paper has been prepared under project APVV-17-0562 Platform based contracts.