COVID-19, vacation rentals and cancellation policies: Is there an emergency, in these times of pandemic, regarding the hidden nature of digital platforms?

Abstract

The legal nature of the digital platforms is a controversial and debated issue. In the case of the platforms for the commercialisation of short-term tourist stays, the European Court of Justice has made a pronouncement on the status of Airbnb, declaring that it is only to be classified as an information society service as defined in the e-Commerce Directive, along with the consequences that arise from this. We consider that this declaration is questionable and revisable as factors exist which allow us to consider that this platform has a decisive control or influence, meaning that this view of its neutrality as a mere technological intermediary is way off the mark. Specifically, we believe that the cancellation policy applied by Airbnb in these times of pandemic, in its one-sided nature, together with other elements of its business model, is evidence of said position of decisive control or influence, as it decides on the existence and continuation of a relationship to which it claims to be unconnected. Ultimately, we outline the insufficiency of the traditional legal concepts and the need for new categories in order to address the legal approach to digital platforms.