International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW secondary liabiliy of platforms operator. Of these risks are operators of platforms fully aware. Similar policy is followed by by its offer of ‘Partner Liability Insurance Protection against liability claims from guests and neighbors‘.37 4.3 Liability under Package Travel Directive 2015 Under Package Travel Directive 2015 organisers are responsible for the performance of the travel services included in the package travel contract unless national law provides that both the organiser and the retailer are liable. For our purposes is important retailer. This trader may act as an intermediary online platform and the applicable jurisdiction will decide whether this retailer will be liable for the travel services included in the package travel contract. Also traders facilitating a linked travel arrangements may have form of online platforms. According to Recital 22 of Package Travel Directive 2015 „Only in cases where another trader is acting as the organiser of a package should a trader, typically a high street or online travel agent, be able to act as a mere retailer or intermediary and not be liable as an organiser. Whether a trader is acting as an organiser for a given package should depend on that trader’s involvement in the creation of the package, and not on how the trader describes his business. When considering whether a trader is an organiser or retailer, it should make no difference whether that trader is acting on the supply side or presents himself as an agent acting for the traveller. “ Online platform acting as retailer will always have special rights and obligations stemming from Package Travel Directive 2015.38 Liability for travel services included in the package retailers will bore in cases when national legislator has decided to prefer joint liability of organiser and trader. We should not exlude the possibility for the regime of secondary liability of retailers in the form of online platforms. Concerning the right of choice for Member States, this discretion right has led to ambiguity in EU, because different Member States may have different liability regimes for retailers. 39 37 38 Franceschelli and Torres, 2020, p.128-129. 39 Tincani, 2020, 368- 371.