prof.dr.sc. Tatjana Josipović Law Faculty University of Zagreb MODERNISATION OF INFORMATION REQUIREMENTS FOR CONSUMERS ON ONLINE TOURISM SERVICES MARKET 1. Introduction Transparent information is among the most important factors for sustainable digital transformation and development of the digital market in the European Union. In the past few years, special attention has been drawn to the establishment of the necessary level of information available to all participants on the digital single market. At the same time, it is emphasised that an ongoing development of digital tehnologies, digital society and the EU digital single market, although they undoubtedly bring about immense opportunities for further advancement of many aspects of every day life and business, they also pose various risks with long-lasting consequences for citizens, fundamental rights, democratic values and the foundation of society.1 Therefore, the European Commission emphasises that the key priority, in these more and more intensive processes of digital transformation, is “putting people in the centre of the digital transition“. It is also highlighted that “digital transformation should be shaped according to our European values and laws”.2 At the level of the European Union, a proposition is made to define a set of digital rights and principles for citizens, businesses, public administrations and policy-makers for the Digital Decade.3 These rights and principles would serve as “guidance for a sustainable, human-centric and value-based digital transformation”. 4 One of these digital rights, for the digital decade, must be “ freedom of choice” to ensure, among other things, a fair online environement for citizens and business in general. On the one hand, “everyone should be able to effectively choose which online services to use, based on objective, transparent and reliable information.” On the other hand, “everyone should have the possibility to compete fairly and innovate in the digital environment.” The aim is “to ensure a safe, secure and fair online environment where fundamental rights are protected, and responsibilities of platforms, especially large players and gatekeepers, are well defined.”5 The concept of free, responsible and informed decisions on the selection of goods and services based on transparent information is not a new topic in the law of the Union. Many years ago, various problems connected with the presentation of objective, transparent and reliable information, so as to bring free and informed decisions on entering into consumer contracts, appeared already on offline internal markets, including the tourism and travel services market. The main instrument on the offline internal market of the EU for the provision of transparent information for consumers were pre-contractual duties for traders laid down in numerous consumer directives dealing with particular consumer contracts. Depending on the type of a consumer contract and its conclusion, these directives provide for the content, form and catalogue of precontractual information and remedies for the violation of the obligations.6 The aim has always been the same – to establish the necessary level of information for consumers in the pre-contractual phase and to avoid, or at least to minimise, any information asymmetry between consumers and traders and to ensure the consumers’ freedom to contract and their private autonomy. 1 See: European Commission Communication: Establishing a European Declaration on Digital Rights and Principles for the Digital Decade, {SWD(2022) 14 final}, Brussels, 26/1/2022, COM(2022) 27 final, pp. 2, 3. 2 Taken from ibid, p. 1. 3 See: European Declaration on Digital Rights and Principles for the Digital Decade, European Commission, Brussels, 26/1/2022, COM (2022) 28 final. 4 Taken from the European Commission Communication: Establishing a European Declaration on Digital Rights and Principles for the Digital Decade, p. 4. 5 Taken from the European Declaration on Digital Rights and Principles for the Digital Decade, Chapter III: Freedom of Choice, p. 4. 6 For example, for package travel and linked travel arrangements, special rules on pre-contractual information are laid down in the Travel Package Directive (e.g. Arts 5-8).
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