Legal status of online platforms acting as intermediaries for hotel services and their information duties towards customers

On one had, the mode of operation of online intermediary platforms increases contract security. On the other, it restricts the contractual freedom of hotel services' providers delivering their services via platform. Such restrictions may impact fulfilment of information duties towards customers. The scope of information duties related to electronic services is set out in the Act on e-services, which also constitutes the legal ground for the platform's obligation to ensure security of provided intermediary services. The Act on consumer rights provides for a wide range of information duties towards consumers in distance contracts. Although they are incumbent to hotel service providers, a significant degree of platform's interference in a contractual relationship between the provider and customer of hotel services may justify imposing on the platform an obligation to perform some information duties, which in general are attributed to the provider of hotel services. Intermediary platforms also may be subject to the information duties provided for in the the Act on package travels. An assignment of liability for delivering the customer information is in line with its duty to assure security of intermediation services. The article includes an analysis of legal grounds of attributing some of these duties to the platform provider. Determining their content and scope requires prior identification of the kind and legal nature of services provided by the platform and its interconnection with the hotel services provided via the platform.