International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW operated by or on behalf of a trader which allows consumers to conclude distance contracts with other traders or consumers.”47 The new national measures, aligned with the Omnibus Directive, have been applied since 28 May 2022. The new rules on unfair commercial practices and additional information requirements for contracts concluded on online marketplaces have revealed many questions on consumer protection that are also crucial for the protection of consumers on the online tourism services market. 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. 2. EU ENFORCEMENT ACTIONS FOR MORE TRANSPARENCY OF ONLINE TRAVEL INTERMEDIARIES In the last few years, coordinated enforcement actions taken by the Member States’ competent authorities responsible for the enforcement of EU consumer law have become an important instrument for providing more transparency on the online tourism services market. The EU enforcement actions are taken on the basis of the EU Consumer Protection Cooperation Regulation48 providing for the cooperation and coordinated actions of the national authorities in case of cross-border infringement of consumer law. National authorities have started their coordinated actions to improve the transparency of information for consumers on particular online travel intermediaries regarding the presentation of their accommodation offers in conformity with the EU consumer law. The most common problems connected with the application of EU consumer law were those involving unfair commercial practices and unfair contract terms. Within the EU enforcement actions, national authorities most frequently warned in particular about the problems regarding transparency, completeness and intelligibility of information on the total price of accommodation, identification of provider as a private or a professional person, the transparency of the ranking criterias and research results, discounts and time-limited offers, 47 See Art. 3/1/b, Art. 4/1/e, Omnibus Directive – the concept ‘online marketplace’ inserted in UCPD and Consumer Rights Directive/CRD. 48 Regulation (EU) 2017/2394 on cooperation between national authorities responsible for the enforcement of consumer protection laws

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