ELECTRONIC ARBITRATION AS A MEANS OF RESOLVING TOURIST DISPUTES 547 elimination of intermediaries7 and the substitution of a physical infrastructure by a virtual one without the need for material storage, allows the buyer to obtain better (cheaper) prices, a greater and easier access to information about the characteristics of the goods and services offered, an improvement in their quality, greater personalisation (offers are more in line with customer needs), a substantial increase in negotiating power thanks to the creation of virtual communities and a reduction in the time taken to carry out the acquisition by facilitating the simultaneous comparison of prices, conditions and characteristics. For the salesperson or businessman, this transfer of the sales scenario from the street to the computer makes it possible to obtain information about the competitors thanks to organizational learning, as well as a capital opening of business opportunities. This happens because the potential clients to which he can now access are multiplied in an extraordinary way, also making it possible to accelerate the development of commercial relations and obtain the power to compete on an equal footing with larger organizations. However, logically, no change is entirely positive. The immateriality of these processes gives rise to mistrust in the consumers. Among other things, they cannot verify at the time of acquisition the real state and characteristics of the product or service. Likewise, questions regarding the uncertainty about the validity and efficiency of transactions that take place electronically, the problems derived from the perfection and proof of contracts concluded by these means, the distribution of risks and delimitation of responsibilities between the different intervening subjects or the difficulty of determining the applicable law and jurisdiction in case of litigation as a consequence of the cross-border nature traditionally tied to this trade, often hinder the integral development of this new virtual modality8. The challenge lies in finding appropriate solutions that will give sufficient confidence (especially in the consumer or user, as they are the weaker party in the business) towards this new system. In order to achieve this objective, it is essential to develop means of resolving disputes which, as alternatives to the generally slower and more costly judicial procedures, provide effective protection for the parties involved. In addition, and taking a closer look at the leading role played by the tourism sector in electronic contracting, it is also advisable to discern which of these methods can solve disputes that arise as a result of the 7 BOTANA GARCÍA, G. A., Comercio electrónico y protección de los consumidores, Las Rozas (Madrid), Ed. La Ley, 2001, pp. 92-93, 104. 8 MOLINÍ FERNÁNDEZ, F., “Ventajas…”, cit., pp. 144-146.
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