SLOVAKIA | MONIKA JURČOVÁ 629 b) general rules for the operation of platforms, which are gradually evolving (particularly on the EU level) and aim to protect all users of the platforms (e.g. EU Regulation 2019/1150)9; and c) exceptionally, by specific consumer protection rules on the online market (Regulation on consumer ODR)10. Some instruments (e.g. amendments of consumer directives with targeted consumer protection measures on the platform) will not take effect until two years later11. The Commercial Code12 regulates business contracts13 and business obligations among parties, the status of entrepreneurs and company law. The acquisition of a licence for small trade business in the area of tourism services is a significant condition for the performance of a business activity by both natural persons and legal entities. The Small Trade Act specifies the basic conditions by defining the term “small trade”, what is considered a small trade and what qualifications are needed. The area is covered by the Act no. 455/ 1991 Coll. on Small Trade, as amended14. Next to the aforementioned acts, we should point out to the various relevant legal sources applicable when providing accommodation services in Slovakia, particularly: 9 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services. 10 Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). 11 E.g. Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules. 12 Zákon č. 513/1991 Zb. Obchodný zákonník v znení neskorších predpisov (Commercial Code, as amended). 13 Slovak contract law suffers from dualism of legal regulation of obligations in the Civil and Commercial Code. Particular contracts are regulated simultaneously by both Codes (e.g. sale, mandate), some are regulated only in the CC (lease) and some only in the Commercial Code (bank and other financial contracts). The consumer protection is applicable under all circumstances, although the rules of commercial law should otherwise apply (Section 52 subs. 2 CC in fine). That leads to a counterintuitive result that a contract regulated by the Commercial Code may also be considered a consumer contract. For more information about consumer law in Slovakia, see Monika Jurčová, Kristián Csach, Unfair Contract Terms Protection in Slovakia in: OER Osteuropa Recht, pp. 163-181 OER, Volume 66 (2020), Issue 1, ISSN: 0030-6444, ISSN online: 0030-6444. 14 Zákon č. 455/1991 Zb. o živnostenskom podnikaní (živnostenský zákon) v znení neskorších predpisov (Small Trade Act, as amended).
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