Online booking services have long been noticed with so-called dark patterns, with which they urge users to make quick reservations. “Only two rooms available” that numerous people are looking at at the same time is what they often say. These psychological tricks should now be at least more accurate on Booking.com and the Expedia group. This has been announced by the EU Commission.

Details The two platforms have therefore improved the presentation of their accommodation offers and brought them into line with EU consumer law. This was preceded by intensive discussions with the Brussels government agency and European consumer protection authorities. The dispute was mainly about information on promotional offers and discounts as well as “techniques for influencing consumer behavior”.

According to the Commission, Booking.com and Expedia are now more precisely showing which offers are actually reduced in price and how payments made by hotels affect the hit list. They also showed more precisely “how many people would like to book the same accommodation in the same period and how many rooms are still available via the website”. Visitors to the website should also be able to better recognize the total price to be paid, including the fees and taxes to be paid. Another criterion now displayed is whether accommodation is offered by private or a company.

Compliance with standards enforced During the negotiations with the US companies, the Commission also stressed that the exact cancellation conditions should be easily accessible. This applies above all in order to be able to better cope with the travel disruptions caused by the Covid 19 pandemic. Airbnb had previously made similar corrections.

The consumer protection authorities of the member states now want to take further steps to hold companies across the industry accountable for not complying with the agreed standards. The enforcement authorities will approach European trade associations, online travel agencies and hotel accommodation.

Action against ‘Dark Patterns’ The consumer protection campaign started at the beginning 19 under the aegis of the Dutch supervisory authority in the interests of Booking.com users. In December 2019 the operator already committed, by no later than 16. June 2020 to improve. At the same time, the Hungarian competition authority, together with the Dutch, contacted the Expedia group, which, in addition to the regular brand, also operates the portals ebookers and hotels.com. The EU authorities can request cooperation to enforce, for example, the directives on unfair commercial practices and consumer rights or the provisions against unfair contract terms.

The Commission recently tackled its new consumer agenda, overall take stronger action against dark patterns. This week, with the Digital Market Act (DMA), it also launched a new competitive instrument with which dominant platforms (“gatekeepers”) are to be more strictly regulated from the outset in order to prevent abuse.

Against abuse in competition Booking.com supports “a targeted gatekeeper regulation that effectively tackles competitive abuses in the digital economy,” explained the group opposite heise online. However, the travel industry is a highly competitive one as consumers have dozens of options to find and book a hotel room. Hotels also marketed their rooms on numerous online and offline channels. This is reflected “in our market share: In Europe we make up about 13 percent of hotel sales”. The DMA must concentrate on companies “that control access to a critical number of consumers”.

(tiw)