Private / Professional Host within the EU area

[Alon32]

Hello,

I've read an article that the European Commission and European Union consumer authorities made a resolution at July 2018 forcing Airbnb to identify whether an offer is made by a private host or by a professional because of the consumer protection regulations. This should have been implemented until January 2019 (Link). 

Has anyone noticed this new kind of distinction in Europe or EU countries? (and if you have, how is it displayed?).

Am I right that this distinction isn't the same as SuperHost, right? (since it was launched a long time ago)

In addition, I saw in different forums that the definition for a 'Professional Host' varies between a country and another, so if someone can shed light about it I'd be glad to hear more about it.

Thanks in advance,

Alon.

[Susan17]

@Alon32

Here's a link to another discussion on this subject. Already, it's a little outdated though - the T&C's have again  been updated, as of Jan 21st. Still, there's a lot of information regarding the new EU regs throughout the thread. 

So far, no relevant changes have been made to  the site (the EU gave the company until Dec 31 2018 to comply) and Airbnb continues to list both regular hosts and commercial entitities right alongside each other, despite that practice now breaching the new EU legislation, which clearly states that listing both together, without any distinction between the two, gives the professionals an unfair commercial advantage and is misleading to consumers. 

I have been asking Airbnb - repeatedly -why these changes haven't been made yet but have yet to receive a straight answer. 

https://community.withairbnb.com/t5/Hosting/MUST-READ-UPDATED-AIRBNB-T-amp-Cs-FOR-EUROPEAN-AND-NON-E...

[Susan17]

Also, below is a comment I made a few weeks ago on another thread, which clarifies why the EU Commission and European Consumer Protection Authorities have introduced this legislation...

[Susan17]

For example, one of the most important issues raised by the EU was that offerings from individual hosts, and those from professiona/commercial hosts, must be clearly identified and delineated from each other on the site, as not doing so gives an unfair advantage to the big players. Also, consumer protection laws differ greatly for each. 

2. Identification of traders and commercial content

 It is understood, from Airbnb’s Hosting Standards, that certain professional providers are allowed to use Airbnb’s platform to offer their accommodation services. However, when searching for accommodation on Airbnb’s website, the search result shows accommodation provided by both private individuals and professional providers with no distinction between the two.   

It should be noted that under Articles 6(1)(f) and 7(1) ,(2), (4)(b) of the UCPD6 a commercial practice is misleading if it is likely to deceive consumers on the nature and identity of the trader or if it omits such type of characterisations. To comply with the UCPD, collaborative economy platforms should therefore prevent third party traders from offering accommodation/properties on the platform without clearly disclosing their professional motives. In particular, with a view to avoid omitting material information, the collaborative economy platform should, as a minimum, enable relevant third party traders to indicate to users that they are traders, and the platform should inform consumers whether and, if so, what criteria it applies to select the suppliers operating through it and whether and, if so, what checks it performs in relation to their reliability7.  

With a platform like Airbnb, which enables accommodation sharing, the distinction between professional providers and private host peers may influence the decisions of consumers using the platform to book accommodation. In fact,  on the one hand the distinction has implications for the question of whether the transaction is protected by consumer protection rules and, on the other, many consumers using Airbnb are looking for private homes with personal involvement and not necessarily for professional property owners. 

CPC authorities find that the lack of distinction between private host peers and professional providers on Airbnb’s website is likely to deceive consumers in relation to the nature of the trader, as set out in art 6 (1) (f) and 7(1) and (2), and is likely to cause a transactional decision that would not have been taken otherwise.   In order to comply with the Directive 2005/29/EC, Airbnb would need to change the manner in which listings are presented in accordance with the legal requirements described above.   CPC authorities would also like to draw Airbnb’s attention to the UCPD’s requirements to clearly distinguish editorial content from advertising content. Consumers expect search engines to display 'natural' or 'organic' results relevant for their search query based on sufficiently impartial criteria.   

It is not clear to the CPC authorities whether Airbnb has sponsored content in the search results as of now, but for future reference please note that, as explained in the UCPD Guidance, consumers should not be misled on the nature of the listing8. For instance, it should be clear whether listings / search results are "natural" or "sponsored" or whether there are other serious limitations in the scope of the search. 

Following a meeting with Airbnb top brass at the beginning of September, the EU Commission issued a further statement, clarifying that Airbnb had agreed to comply with their directives, and had been given until Dec 31 2018 to do so, or face enforcement measures. 

http://europa.eu/rapid/press-release_IP-18-5809_en.htm

As of today, January 6, 2019, Airbnb searches in any EU country I've looked at, are still bringing up listings from both individual and commercial hosts, with no distiction whatsoever between the two, and nothing to identify one from the other. Perhaps they're still "working on it"... 

 Reply

[#5]

For example, one of the most important issues raised by the EU was that offerings from individual hosts, and those from professiona/commercial hosts, must be clearly identified and delineated from each other on the site, as not doing so gives an unfair advantage to the big players. Also, consumer protection laws differ greatly for each. 

2. Identification of traders and commercial content

 It is understood, from Airbnb’s Hosting Standards, that certain professional providers are allowed to use Airbnb’s platform to offer their accommodation services. However, when searching for accommodation on Airbnb’s website, the search result shows accommodation provided by both private individuals and professional providers with no distinction between the two.   

It should be noted that under Articles 6(1)(f) and 7(1) ,(2), (4)(b) of the UCPD6 a commercial practice is misleading if it is likely to deceive consumers on the nature and identity of the trader or if it omits such type of characterisations. To comply with the UCPD, collaborative economy platforms should therefore prevent third party traders from offering accommodation/properties on the platform without clearly disclosing their professional motives. In particular, with a view to avoid omitting material information, the collaborative economy platform should, as a minimum, enable relevant third party traders to indicate to users that they are traders, and the platform should inform consumers whether and, if so, what criteria it applies to select the suppliers operating through it and whether and, if so, what checks it performs in relation to their reliability7.  

With a platform like Airbnb, which enables accommodation sharing, the distinction between professional providers and private host peers may influence the decisions of consumers using the platform to book accommodation. In fact,  on the one hand the distinction has implications for the question of whether the transaction is protected by consumer protection rules and, on the other, many consumers using Airbnb are looking for private homes with personal involvement and not necessarily for professional property owners. 

CPC authorities find that the lack of distinction between private host peers and professional providers on Airbnb’s website is likely to deceive consumers in relation to the nature of the trader, as set out in art 6 (1) (f) and 7(1) and (2), and is likely to cause a transactional decision that would not have been taken otherwise.   In order to comply with the Directive 2005/29/EC, Airbnb would need to change the manner in which listings are presented in accordance with the legal requirements described above.   CPC authorities would also like to draw Airbnb’s attention to the UCPD’s requirements to clearly distinguish editorial content from advertising content. Consumers expect search engines to display 'natural' or 'organic' results relevant for their search query based on sufficiently impartial criteria.   

It is not clear to the CPC authorities whether Airbnb has sponsored content in the search results as of now, but for future reference please note that, as explained in the UCPD Guidance, consumers should not be misled on the nature of the listing8. For instance, it should be clear whether listings / search results are "natural" or "sponsored" or whether there are other serious limitations in the scope of the search. 

Following a meeting with Airbnb top brass at the beginning of September, the EU Commission issued a further statement, clarifying that Airbnb had agreed to comply with their directives, and had been given until Dec 31 2018 to do so, or face enforcement measures. 

http://europa.eu/rapid/press-release_IP-18-5809_en.htm

As of today, January 6, 2019, Airbnb searches in any EU country I've looked at, are still bringing up listings from both individual and commercial hosts, with no distiction whatsoever between the two, and nothing to identify one from the other. Perhaps they're still "working on it"...