for contracts concluded on online marketplaces. Hence, it seems justified to apply the new Article 6a CRD to package travel contracts, as well, although they are provided for in a separate directive. In Article 6a CRD, a completely new obligation for providers of online marketplaces is laid down, which is not considered to be an obligation ensuing from a distance contract entered into on the online marketplace. It is a special obligation for providers of online marketplaces which should apply to all cases of the conclusion of distance contracts where the consumer accepts offers through the online marketplace. In case of an interpretation that Article 6a CRD does not apply to package travel contracts governed by the Package Travel Directive, the consumers who enter into such contracts on online marketplaces would be deprived in regard to the level of received information. They would then be less protected compared to other consumers who buy other tourism services on online marketplaces to which the Consumer Rights Directive applies. To inform consumers on the parameters determining the ranking is of particular importance for making informed decisions on the selection of a travel package. Therefore, it is justified to take a “pro consumer” position, i.e. that Article 6a CRD applies mutatis mutandis to the conclusion of package travel contracts on online marketplaces. This means that when dealing with package travel contracts, the providers of online marketplaces would be bound to provide consumer information specified in Article 6a of the Consumer Rights Directive. Such an approach may significantly contribute to a greater protection of consumers on the online tourism services market. 5. Conclusion The main and dominant method of ensuring the transparency of the digital market, including the online market of tourist services, is the adjustment of traditional rules on information requirements and information duties of traders who, in various roles, participate in the dealings on the digital market. By the new rules, the catlogues of information are extended only for the online market. The model of fulfilling information duties is adjusted to digital operations. The circle of traders bound to provide information is also extended to traders who offer mediation services via platforms. Information duties are also laid down for the mutual relationships between traders on online platforms. In short, the ‘information based approach’132 in the organisation of mutual relations among various participants on the digital market continues to be dominant. For now, the fact that business is largely being done on the digital market, that new business models are permanently developing on the online market, that business operations via intermediary platforms are intensified, has not brought any significant changes in the law of the Union regarding the substantial organisation of contractual relations whereby freedom of contract would be ensured for all contractual parties. Just like on the offline market, transparent information continues to be a dominant method which should make it possible for the weaker party (consumer, business user of online intermediation services) to make a free and informed decision on the selection of products or services on the online market and to effectively protect its own contractual rights. The traditional concept of organising such information duties in the form of rules has been kept. New unfair commercial practices, typical for online marketplaces and online platforms are stipulated which indirectly also lay down new information duties of online marketplaces.133 The existing rules on consumer rights that are valid for the offline market have been expanded to include some new rules on additional information requirements for online marketplaces. An important step forward is the circumstance that information duties have gradually been extended to traders, as well (intermediary platforms not being contractual parties in distance contracts). There is no doubt that such modernisation of information requirements can contribute to enhanced transparency of the digital market, to better provision of information and consumer protection on the online market. The new rules on information duties will undoubtedly lead to better informed consumers when entering into contracts on the online market of tourism services. Most of the new information duties for online marketplaces include information that is crucial for choosing among the offered tourism services (ranking parameters, information on reviews, information on the legal status of the providers of tourism services). However, a very dynamic development of the digital market has already shown some deficciencies of the EU system where transparency is ensured almost exclusively through general information duties. At present, numerous EU rules, in a large number of directives and regulations, in various ways and inconsistently provide 132 See Narciso, M. (2022a) p. 361. 133 Similarly, the European Commission also emphasises that “the UCPD works as a ‘safety net’ ensuring that a high common level of consumer protection against unfair commercial practices can be maintained in all sectors, including by complementing and filling gaps in other EU law.“ Taken from Guidance on the interpretation and application of Directive 2005/29/EC, 2021, p.8.
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