European Commission: Airbnb Anti-Consumers Rules – Hotels

The European Commission and the European consumer protection authorities are calling for a platform for hosting services, Airbnb, the adaptation of EU consumption rules and the transparency of the presentation of prices

by Airbnb and a number of their conditions are inconsistent with the Unfair Commercial Practices Directive, the Unfair Contract Directive, as well as with the Regulation on Jurisdiction, the applicable law, the recognition and execution. For this reason, the European consumer protection authorities and the Commission have requested changes to Airbnb. The company has until the end of August to propose its solutions. Subsequently, the Commission and the European consumer protection authorities will examine the proposed amendments. If they are not satisfactory, Airbnb may be subject to coercive measures

– Popularity can not be an excuse for non-compliance with European consumer laws – says V? Ra Jourová, Commissioner for Justice, Consumers and Gender Equality. – Consumers should easily understand what they are paying for and how they pay for the services, and also get clear guidelines on, for example, cancellation by the host. I expect Airbnb to act quickly

Transparency of prices and dishonest practices

The presentation of prices and the distinction between private and professional hosts do not comply with European law, in particular the Unfair Commercial Practices Directive. In a communication from the European Commission

Airbnb should:

change the way in which information is presented during the first search on the Airbnb site so that the consumer receives the total price including all applicable fees and costs, such as that: as payment for services and cleaning, or in cases where it is not possible to calculate the final price, the consumer is clearly informed of the possibility of additional charges;

clearly indicates whether the offers come from private owners or liberal professions rent, because in both cases the consumer has different security provisions. Clarification of Contract Clauses and Deletion of Unlawful Provisions

Specification of Conditions and Removal of Unlawful Provisions

Regulations on the use of Airbnb should be adapted to European consumer protection. The Directive on unfair terms in consumer contracts requires standard contractual clauses which can not create a significant imbalance between the rights and obligations of the parties, to the detriment of the consumer. The provisions of the Directive also require conditions to be written in clear and understandable language so that consumers receive clear and legible information on their rights.

For Airbnb, this means for example:

the company must not mislead consumers by referring them to jurisdictions other than jurisdictional in their Member State,

Airbnb can not decide unilaterally and without justification conditions that will remain in effect in the event of termination of the contract;

Airbnb can not deprive consumers of their fundamental right to sue

Airbnb can not unilaterally modify the terms of the contract without first clearly informing consumers and allowing them to terminate the contract;

the terms of service can not give Airbnb a discretionary right to delete content; [19659005] Airbnb solution or suspension should be clarified to consumers, justified by clear regulations and should not deprive the consumer of the right to adequate compensation or cancellation;

Airbnb's policy on returns, compensation and damages must be clearly defined and not deprive consumers of

In addition, Airbnb should make available on its website a Easily accessible online dispute resolution link (ODR) and all necessary information on dispute resolution.

Action

Airbnb currently has the time, until the end of August, to provide specific solutions to deal with in a manner consistent with the law European consumption. The Commission and consumer protection bodies will meet Airbnb in September, if necessary, to resolve any problems. If the company's proposals are not considered satisfactory, the consumer protection authorities may decide on the implementation measures.

Procedure

The Consumer Protection Cooperation Regulation associates national consumer organizations with a pan-European network responsible for consumer protection. the application of legislation. On this basis, the national authorities of each EU country can seek the help of their counterpart in another EU country to stop cross-border infringements of EU consumer law.

the Unfair Commercial Practices Directive, the Consumer Rights Directive or the Unfair Contract Directive

In June 2018, the Consumer Protection Co-operation Network carried out a joint assessment (common position) of the Airbnb practices. by the Norwegian Consumer Protection Authority (Forbrukerilsynet). This action was carried out with the support of the European Commission