Keywords
e-services
hotel services
duty to inform.
Abstract
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 deTransformacje Prawa Prywatnego 3/2019
livering 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.