International Journal of Tourism, Travel and Hospitality Law 2023

Modernisation of information requirements for consumers on online tourism services market Tatjana Josipović Law Faculty University of Zagreb 1. Introduction. 2. EU enforcement actions for more transparency of online travel intermediaries 3. New unfair commercial practices 4. Specific additional information requirements for online marketplaces 5.Conclusion. References In the law of the Union, there are no specific rules on information requirements for online tourism services markets and online platforms. The EU rules on information requirements apply and are valid for all providers of online marketplaces when entering into B2C distance contracts, or for the providers of online intermediate services within the framework of business relations with the users of their services. There is a whole range of various rules laid down in numerous EU acts. It is doubtful, however, whether the application of general information requirements, valid for all distance consumer contracts, can meet very high transparency standards on which any efficient protection of consumers on the online tourism services market strongly depends. Due to a decisive impact of rankings and reviews on the selection of tourism services, a question arises whether the rules, now generally providing for the obligation of informing about the parameters determining ranking and the responsibility of platforms for illicit content, can ensure a fair online environment and the provision of objective, transparent and reliable information in the sector of tourism. In the text, the author analyses various methods and legal instruments by which transparent information of consumers in the EU is provided via the existing platforms on the online tourism services market. Special emphasis is placed on the modernisation of EU rules on the new information requirements for distance consumer contracts laid down in the Omnibus Directive of 2019 amending the Unfair Commercial Practice Directive (hereinafter: the UCPD) and the Consumer Rights Directive (hereinafter: the CRD). The main question is whether by such general stipulation of information duties for the providers of online marketplaces, applied to all distance contracts concluded on online marketplaces, the appropriate level of information for consumers on online tourism services markets is ensured.

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