4676281 -677122 0 0 ICPEN – UNFAIR TRADING PRACTICES IN DIGITAL PLATFORMS IN THE TOURISM SECTOR: CALL FOR INFORMATION FROM THE ICPEN NETWORK - RESPONSES BY 13 MARCH 2020 I NTRODUCTION The issue of digital platforms and tourism is a priority for the Colombian ICPEN Presidency. This builds on past ICPEN work on cross-border tourism and digital platform issues. The way in which the tourism sector operates has changed significantly in recent years. The World Bank reports that ‘digital platforms are changing the way travel is traditionally researched, bought, sold, experienced and shared.’ According to some estimates, the global online travel booking market was valued at approximately USD 765 billion in 2017 and is expected to generate USD 1,955 billion by 2026. The benefits for consumers of the rise of digital platforms includes increased choice in travel operators and suppliers, the ability to compare offers more easily than previously, and the ability to find the best deal more easily. However, some digital platforms are using unfair or deceptive trading practices, including scarcity claims and pressure selling, misleading discounts and hidden charges, to make sales. These practices can mislead consumers and make it difficult for them to find the best deal, and thus are potentially breaking consumer law. Furthermore, unlike dealing with bricks and mortar businesses, consumers can find it difficult to take action against digital platforms if something goes wrong with their travel. Platforms may try to avoid liability for connecting consumers with travel and tourism service providers. Most travel platforms operate across international borders and across the world. Many ICPEN members have taken, or are taking, action against online travel platforms to ensure that consumers are protected from unfair trading practices. However, some online travel platforms are making changes in response to these actions in domestic travel markets but not global travel markets. They say different standards apply in different countries and use this to provide lower standards of consumer protection where they can. This project provides an opportunity for ICPEN to start identifying and addressing the common cross-border global challenges facing consumers in the tourism sector and to additionally support individual members in pursuing their own enforcement action. YOUR INPUT IS REQUESTED We invite views and contributions from across the network. At this stage of the project, we are seeking input on c urrent and emerging work that you have done (or which may be in the pipeline or identified as an issue) related to unfair practices in tourism digital platforms. We have set out a series of questions below that we invite you to answer. PLEASE RESPOND BY 13 MARCH 2020 Responses should be sent to Kirsty Whyte (
[email protected] ) or Robert Dungey (
[email protected] ) at the Competition and Markets Authority (UK). If you are unsure how to answer any of the questions in this request, please contact Kirsty or Rober t. QUESTIONS All q uestions should be answered on the basis of individual countries ’ work , not c ommon actions as part of an international network. There are a wide variety of potential unfair practices that exist on tourism digital platforms across the globe. These include practices that mislead consumers, do not provide consumers with appropriate information to make informed decisions, or seek to pressure consumers into making decisions. We are interested in gaining your views on these practices through the questions below. UNFAIR TRADING PRACTICES ON TOURISM DIGITAL PLATFORMS Thinking about the following tourism sectors on digital platforms – online accommodation booking, airlines, car rentals, activity providers, and tourism packages, has your agency or country done any work on the unfair practices in digital platforms set out below? (Please tick the appropriate box with an ‘x’). Unfair Trading Practice s in Digital Platforms Agency Work Tourism Sectors Research Guidance Market Study Enforcement Online Accommodation Airlines Car Rentals Activity Providers Tourism Packages Misleading presentation of pricing (e.g. drip pricing) Pressure selling (e.g. misleading popularity and availability statements) Omission of relevant information at all stages of booking (e.g. not providing consumers with relevant information on cancellation or re-booking terms) Misleading reference pricing (e.g. use of strike-through pricing) Pre-ticked boxes/opt-out practices (e.g. using pre-ticked boxes to add travel insurance or additional extras to a consumer’s booking and making the consumer actively opt-out) Use of fake/misleading reviews or supressing genuine negative reviews Lack of transparency regarding calculation of search ranking (e.g. role of commission on search results) Misleading /false statements relating to accreditation/membership of sector or trade groups or codes of conduct (e.g. eco-tourism accreditation) Platforms failing to take responsibility for unlawful practices happening on their websites (e.g. accommodation scams) Misleading/false statements, including omitting relevant information, relating to the tourism service. Lack of information about how the consumer’s data will be used. Terms covering contract changes without requiring the consumers’ consent or involvement (unless otherwise permitted) Disclaimers of liability Terms which might be surprising to consumers and should be made clear RESEARCH If you ticked research: Please provide details of the research that your agency/country has undertaken in response to any of the unfair practices listed in the table above. Please provide hyperlinks to the research, if available. CONSUMER GUIDANCE If you ticked guidance: Please provide details of any guidance/educational materials for consumers and/or businesses that your agency/country has drafted or published in response to any of the unfair practices listed in the table above. Please provide hyperlinks to the guidance, if available. MARKET STUDY If you ticked market study: Please explain the key issues and theories of harm you encountered, the steps and challenges you dealt with in gathering evidence, the remedies considered and any challenges you faced in carrying out the market study in response to any of the unfair practices listed in the table above. Please provide hyperlinks to the published market study, if available. ENFORCEMENT ACTION If you ticked enforcement action: Please provide details/case studies of any enforcement action taken by your agency/in your country in response to the unfair practices listed in table above. Please provide hyperlinks to the published enforcement action, if available. ADDITIONAL EXAMPLES OF UNFAIR PRACTICES OR TOURISM SECTORS Are there any other unfair practices on digital tourism platforms and/or other tourism sectors that you have done work on (including research, guidance, market studies or enforcement work) that is not set out in the table above? ___ Yes ___No If yes , p lease explain the key issues and theories of harm you encountered, the steps and challenges you dealt with in gathering evidence, the remedies considered and challenges you faced in carrying out work on these areas. Please include hyperlinks to the published material, if available. CR OSS -CUTTING THEMES As part of the project, we are interested in collecting information related to unfair practices on two cross-cutting themes - eco-tourism and vulnerable consumers (including vulnerability to travel-related scams). Eco-tourism : Has any of the work you identified above (e.g. research, guidance, market studies or enforcement work) covered issues relating to eco-tourism? For example, false or misleading quality or accreditation claims or ‘greenwash’ claims that digital platforms cannot substantiate). ___ Yes ___No If yes , please provide details of this work (including any theories of harm developed, guidance produced etc). Please include hyperlinks to the published material, if available. Vulnerable Consumers: Has any of the work you identified above (e.g. research, guidance, market studies or enforcement work) covered issues relating to vulnerable consumers and vulnerability to travel-related scams? We are interpreting this term widely and are interested in information related to consumers with specific vulnerabilities such as those caused by personal characteristics (such as age or disability) and/or circumstances/personal situation (e.g., low incomes, including college students and having young children). ___ Yes ___No If yes , please provide details of this work (including any theories of harm developed, guidance produced etc). Please include hyperlinks to the published material, if available. LEGAL QUESTIONS Does your country have laws that aim to specifically address potentially harmful trading practices in digital platforms in the tourism industry? ___ Yes ___ No If yes , please name all relevant laws that could apply and explain whether they are: Consumer protection laws – e.g., misleading practices legislation Unfair terms legislation Other (e.g., contract law, laws on social media or digital platforms) Please also state who enforces the se laws? (e.g. government agencies, consumer associations, private parties) . If no , do you have general laws that can tackle unfair trading practices in digital platforms in the tourism sector ? ___ Yes ___ No Please name all relevant laws that could apply and explain whether this is: Consumer protection laws – e.g., misleading practices legislation Unfair terms legislation Other (e.g., contract law, laws on social media or digital platforms) Please also state who enforces these laws? (e.g., government agencies, consumer associations, private parties). Are there other agencies in your jurisdiction that enforce laws aimed at protecting consumers from unfair trading practices in tourism digital platforms? ___ Yes ___ No If yes, please list the agencies and include hyperlinks to their websites. Are there business initiatives, self or co-regulatory measures (e.g. accredited schemes/codes of conduct) in your country that you think could be relevant to mention in relation to digital platforms in the tourism industry? ___ Yes ___ No Please describe what these measures are and who is responsible for them.
Saatja: Shmb &Icpensecretariat (FOD Economie - SPF Economie)
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[email protected]>
Saadetud: 13.02.2020 19:18
Adressaat: Shmb &Icpensecretariat (FOD Economie - SPF Economie)
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[email protected]>
Teema: ICPEN Call for Information - Unfair Trading Practices in Digital Platforms in the
Tourism Sector
Manused: image001.png; Information Request [ICPEN Digital Tourism].docx
Dear ICPEN Members and Partners,
Call for information from the ICPEN network – Unfair trading practices in digital platforms
in the tourism sector
The UK CMA and Australian ACCC are currently co-leading a project on unfair trading practices
in digital platforms in the tourism sector as part of this year’s Colombian ICPEN Presidency. The
issue of digital platforms and tourism is a priority for this year’s Presidency.
The project provides an opportunity for ICPEN to start identifying and addressing the common
cross-border global challenges facing consumers in the tourism sector and to additionally
support individual members in pursuing their own enforcement action. The key outputs are an
internal best practice guide and a set of ICPEN high-level principles.
As part of the project, we are seeking views and contributions from across the ICPEN network
on current and emerging work that you or your country has done in relation to unfair practices in
tourism digital platforms.
We invite you to answer the attached information request by 13 March 2020. Responses should
be sent to Kirsty Whyte (
[email protected]) and Robert Dungey
(
[email protected]) at the Competition and Markets Authority (UK). If you would like to
discuss anything in the information request or are unsure how to answer any of the questions,
please contact Kirsty or Robert.
Many thanks,
CMA and ACCC.
***
On behalf of the unfair trading practices in digital platforms in the tourism sector working group
and with kind regards,
The ICPEN Secretariat