Biznes Fakty
Compensation for Booking.com users
Booking.com has engaged in actions that infringed upon the collective interests of consumers, as announced by the Office of Competition and Consumer Protection (UOKiK). The agency required the company to adequately inform clients about whether the landlord operates as a business. This is significant as it influences the legal protections available to purchasers. The company stated that it has issued compensations to certain consumers.
It was noted that for accommodation bookings made with parties lacking entrepreneurial status, the platform misled the buyer regarding changes to the extent of legal protections. Additionally, the allocation of responsibilities between Booking.com and service providers was not clearly defined, which was particularly relevant for consumers when making complaints after booking accommodations.
„For more than two years, we have been assessing how e-commerce platforms have complied with the information duties mandated by the Omnibus Directive in practice. It is vital that users of these platforms understand whether they are entering into contracts with a trader or a third party before finalizing their purchase. As consumers, we require clear guidelines and understandable information, especially when our decisions are made in mere seconds with just a few clicks,” stated Tomasz Chróstny, President of the Office of Competition and Consumer Protection (UOKiK), as quoted in the press release.
Impact of the Omnibus Directive
The Office of Competition and Consumer Protection (UOKiK) reminded that over the last eighteen months, the EU Omnibus Directive has enhanced consumer protections in the digital environment. Among the changes implemented are expanded disclosure obligations for online marketplaces. This includes a requirement for online marketplace providers to clearly and understandably convey how responsibilities related to the fulfillment of contracts made on the platform are shared between them and the providers of the products and services they offer.
„Properly executed disclosure obligations lead to improved consumer protection for those utilizing e-commerce. Users of trading platforms should be able to access key information pertinent to the contracts they enter into without needing to sift through multiple tabs or decipher unclear messages,” emphasized Tomasz Chróstny, President of the Office of Competition and Consumer Protection, as quoted in the press release.
Measures taken by Booking.com
In light of the allegations, Booking.com has pledged to address the violations and their repercussions.
„The company will implement changes aimed at enhancing the transparency of the platform for its users. A key aspect of these commitments includes providing compensation to consumers. This will benefit those who made reservations between January 1, 2023, and the date the changes mandated by the decision are put into effect,” it stated.
The changes are expected to be rolled out within one month of the finalization of the decision.
The Booking.com case is one of several actions taken by the President of the Office of Competition and Consumer Protection (UOKiK) to enforce disclosure obligations in e-commerce following the enactment of the Omnibus Directive. Previous binding decisions in a similar context involved Zalando and Travelist. As a result of the UOKiK President’s interventions, numerous other businesses have also modified their operations or announced upcoming changes.
