Airbnb in breach of the EU’s Unfair Commercial Practices Directive

The European Commission has found Airbnb in breach of the EU’s Unfair Commercial Practices Directive, the Unfair Contract Terms Directive, and the regulation on legal jurisdiction.

In its statement demanding Airbnb align its terms and conditions and pricing in line with EU rules, the EC listed the issues as follows:

“The presentation of Airbnb’s pricing, as well as the distinction between private and professional hosts does not comply with the requirements of EU law, in particular [with] the Unfair Commercial Practices Directive.

“Airbnb should modify the way it presents information on pricing from the initial search to ensure that, whenever properties are offered, the consumer is provided with the total price inclusive of all the applicable mandatory charges and fees.”

The platform should also “clearly identify if the offer is made by a private host or a professional, as the consumer protection rules differ”.

In addition, the EC insisted: “Airbnb’s terms should be brought into conformity with European consumer law.

“The Unfair Contract Terms Directive requires that standard terms and conditions do not create a significant imbalance between the parties’ rights and obligations, to the detriment of the consumer.

“The Directive also requires that terms are drafted in plain and intelligible language so consumers are informed in a clear and understandable manner about their rights.

“With regards to Airbnb, this means:

“The company should not mislead consumers by going to a court in a country different from the one in their member state of residence.

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