International Journal of Tourism, Travel and Hospitality Law 2023

MODERNISATION OF INFORMATION REQUIREMENTS FOR CONSUMERS the comparison of prices, information on the number of visitors and limited availability and information on the cancellaction practices.49 In the fiInal phase, the EU enforcement actions have led to a situation where online travel intermediaries voluntarily, in a closed dialogue and in cooperation and agreement with the European Commission and the national consumer authorities, harmonised their business practices with the EU consumer law and improved the presentation and the transparency of information on the offers, discounts and prices of accommodation services.50 A coordinated cooperation between the European Commission, the national consumer authorities and the online travel intermediaries turned out to be a successful method of increasing transparency of online tourist market services. Since the taken measures were in agreement with the online travel intermediaries, there was no need for any legislative interventions at the European and/or the national level, or for imposing sanctions for the violation of the EU consumer law. However, these and similar measures encouraging agreeable and voluntary enhancement of the transparency of the online tourism services market can have positive effects only if, at the same time, there is an efficient system of public and private measures for coercive enforcement of the EU rules on information duties on the digital market. 3. NEW UNFAIR COMMERCIAL PRACTICES Prohibition of unfair commercial practices is one of the most important legal instruments for consumer protection from unrealiable reviews, false and untruthful information, or misleading omissions of information important for consumers to make transactional decisions on the digital single market.51 Consumer protection against unfair commercial practices was accomplished by the Unfair Commercial Practice Directive/UCPD of 2005. This Directive bans 49 See, for example, Common position of national authorities within the CPC Network concerning the commercial practices and the terms of service of Airbnb Ireland published at -travel-eu/consumer-rights-and-complaints/enforcement-consumer-protection/coordinated-actions/ accommodation-booking_en (page visited on 7/9/2022). 50 See European Commision: Factsheet of the Commitments of Booking-com, 18 December 2020; Factsheet of the Commitments of Expendia Group, 18 December 2020; Factsheet of the Changes Implemented by Airbnb, 11 July 2019. 51 See, for example, Arts 6, 7 UCPD, Annex I. See Busch, Ch., Mak, V (2021), p. 112; Narciso, M. (2022a) p. 359.