COLLABORATIVE TOURISM ACTIVITIES 241 This is the situation where we find ourselves, with deals made through hospitality consumption platforms. These are pacts between equals based on the principle of free autonomy of the will of the parties, legally recognised by Article 1255 CC, about which, from the outset, we have no objection as long as both parties know that they are in the sphere of C2C (Consumer-to-Consumer) relations, and, as experience seems to show, they assume the conditions and limits of such agreements. In these pacts between equals, none of the measures that our law configures as consumer protection can be applied to tourists, since they are based on an imbalance between the parties, which is not present here, as well as the predisposition of the pact on the part of the offered39. Nevertheless, it would be desirable, both in these hospitality consumption platforms and other types of business models (such as Airbnb), to warn on their websites as a businessman, professional or individual of the host, as well as a caption that clearly alludes to who assumes responsibility for providing the service. In this line, a text similar to that proposed in Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel services could be followed concerning the responsibility of the platforms that allow the formation of a linked travel service or dynamic package40. IV. TRANSPORT ACTIVITIES IV.1. Uber as a Transport Company In the same way we analysed Airbnb and the rest of the hospitality consumption platforms, the possible differences that could exist between these platforms, both concerning how they operate (either as a business activity or as a collaborative economy), the same will be done in the field of transport. Here, the different legal nature of the platforms that operate to provide the professional or private transport service and, consequently, the legal relationship between the parties to the service is even more evident. Starting with Uber’s well-known platform or app, this is an online platform for car rental with a driver, through which the user can demand and hire the 39 GONZÁLEZ CABRERA, I., “El turismo colaborativo: Las múltiples actividades puestas al servicio del turismo y la dificultad de su encaje jurídico único”, op. cit., pp. 58 et seq. 40 See GONZÁLEZ CABRERA, I., “Medidas de protección del consumidor frente a los operadores turísticos: seguros, fianzas y otras garantías”, Revista de Derecho Bancario y Bursátil, no. 152, 2018, electronic ed.
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