ELECTRONIC ARBITRATION AS A MEANS OF RESOLVING TOURIST DISPUTES 555 4. E-ARBITRATION OF TOURIST CONSUMPTION An economic engine of our country, the tourism sector has become the main generator of virtual commercial transactions. Advantages such as the ability to compare travel offers and / or stays instantly and at any time, or get price reductions resulting from increased competitiveness among companies involved in the market, motivate the success of this recruitment modality. However, the inconveniences also linked to this type of e-commerce (i.e. incorrect information, the service acquired not matching the one subsequently provided or a subsequent increase in the total price) determine that the legislative effort must be oriented towards providing a regulation aimed at adequately protecting the interests of consumers and users who acquire this type of services telematically26. This need for protection is even more relevant when disputes arise after perfecting the agreement of wills, as concluded under the protection of new information and communication technologies. Having a specific framework to settle this type of dispute, while ensuring that the resolution is fast, efficient and dynamic, is an essential condition for the success or failure of this particular electronic marketplace. Hence, the result of the merger of this technological development with the traditional extrajudicial means of dispute resolution is certainly an appropriate option when interceding in the conflicts that originate under the protection of these tourist contracts, seeing as they’re generally of low cost and, therefore, the parties are eager for efficient and inexpensive processes. As we know, arbitration is among these heterocompositive methods. It is a very convenient method due to its binding and executive resolutions for the parties. The arbitration of tourist consumption, understood as an arbitration of consumption specially adapted to the needs and demands of the tourist users, can become the ideal solution to improve the quality of the services and products offered. In order to achieve this objective, it is necessary to articulate and implement mechanisms for the composition of disputes that are quick, adequate and guarantee the rights are upheld. This is particularly relevant for those who, while normally in need of special protection in their relations with the businessman or professional, need additional legal security when they develop situations that, as the ones indicated here, lie outside their environment. In short, it is a useful instrument for settling disputes arising from small claims 26 PÉREZ MARTELL, R., “Adquisición on-line de productos turísticos y los ADR/ODR”, en Los retos del Poder Judicial ante la sociedad globalizada: actas del IV Congreso Gallego de Derecho Procesal (I Internacional), A Coruña, 2 y 3 de junio de 2011, 2012, p. 1.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==