distance contracts with other traders or consumers. The provider's obligations on the online marketplace regarding business practices do not change based on the capacity in which a third person enters into a distance contract with the consumer. This rule also applies when consumers on online marketplaces enter into contracts on tourist services with a trader or with another consumer (B2C or C2C contracts). To protect a consumer from unfair business practice regarding information duties, it is sufficient that the providers of online marketplaces have the status of traders in accordance with Article 2 (b) UCDP.65 The status of the third party, who the consumer enters into a contract with, is not essential for the protection of consumers from unfair business practices of the providers of online marketplaces. Such extension of the protection of consumers from unfair business practices is of special importance for ensuring the corresponding level of information for consumers, as private persons, when entering into contracts on tourism services (e.g. short-term accommodation services). These contracts are mostly made on online marketplaces. Although the consumers then do not have the protection arising from the EU consumer contract law, they will at least be protected from unfair business practices of the providers of online marketplaces. This will ensure a certain level of information on the essential elements for making a decision on entering into a short-term contract with another consumer on the online marketplace. If other prerequisites referred to in Article 7 of the UCPD are met, the nontransparent presentation of particular information important for the selection of an offer for accommodation (e.g. general information on the main parameters determining the ranking) will be considered as misleading omission or prohibited unfair commercial practice.66 The transparency of the online market and the level of information with the consumers are enhanced by the extention of the catalogue of the so-called material information67 whose omission in the communication between the provider of the online marketplace and the consumer can be considered as unfair business practice (misleading omission, Article 7 UCPD).68 The rules laying down which active obligations to inform the consumers rest on the provider of the online marketplace indirectly ensue from the UCPD rule on when misleading omissions are considered as being unfair commercial practice. 69 The largest amount of the new material information referred to in Article 7 UCPD inserted by the Omnibus Directive are those which, according to empirical research, are considered as essential for the selection of tourism services on the online market.70 From among the new material information, the following are of particular importance for the consumers on the online tourism services market: o Information whether the third party offering the product (e.g. short-term accommodation service) is a trader or not.71,72 This is considered to be material information within an invitation to purchase (Article 7/4/f UCPD).73 Information on the status of a third party is given to the consumer on the basis of that third party's declaration submitted to the provider of the online marketplace. The provider of the online marketplace is not required to establish alone, to explore and verify the legal status of the third-party.74 65 UPCD in Art. 2 (b) defines ‘trader’ as any natural or legal person who, in commercial practices covered by this Directive, is acting for purposes relating to his trade, business, craft or profession and anyone acting in the name of or on behalf of a trader. A list of the criteria for the assessment whether a person may be considered as a trader pursuant to Art. 2 (b) UCPD is published in Guidance on the interpretation and application of Directive 2005/29/EC, 2021, p. 27. 66 See Art. 7/4a UCPD added by Art. 3 (4) (b) Omnibus Directive. 67 “Material information”, in accordance with Art. 7/1 UCPD, is considered as “information that the average consumer needs, according to the context, to take an informed transactional decision and thereby causes or is likely to cause the average consumer to take a transactional decision that he would not have taken otherwise.” 68 See Loos (2020), p. 415; Cauffman,C., Goanta, C. (2021), pp. 762, 763; Duinvenvoorde, B. (2022), pp. 48, 49. 69 See Narciso, M. (2022a) p. 360. 70 For more see under 1. 71 See Art. 7/4 (f) UCDP inserted by Art. 3 (4) (a) Omnibus Directive. 72 The same obligation, with some additional information, is envisaged in the new Art. 6a/1/b CDR for the provider of online marketplaces. 73 ‘Invitation to purchase’ means a commercial communication which indicates characteristics of the product and the price in a way appropriate to the means of the commercial communication used and thereby enables the consumer to make a purchase (Art. 2 (i) UCPD). 74 See recital 28, Omnibus Directive. Directive on electronic commerce applies to the acting of the provider of the online marketplace because information society services and intermediary service providers are involved. It arises from the provisions of this Directive that hosting service provider is not liable for the information transmitted, i.e. for the hosted content. Hosting service providers have no general obligation to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity. See Arts 12-15, Directive on Electronic Commerce. See Schulze, R.,
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