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Liability can be applied to a platform that publishes third-party information as long as it did not take due care to verify the information.

A couple booked a place to stay through the global booking platform. Upon arrival at the place to stay, it became clear that there was a significant gap between the place shown in the photos on the site and the place in reality. While the couple demanded compensation for the aforementioned gap, the platform claimed that it was only an intermediary and was not responsible for the veracity of the information presented on the site.

The court ruled that the platform is a travel agent and therefore bears some responsibility, albeit partial, for the information published on it. When the platform does not stop at simple brokerage activities, but performs more activities and offers additional related services relevant to the field, it cannot claim to be a mere intermediary, and it becomes an active player in the market. In addition, while the platform, like other platforms that publish third-party information, stipulates in its agreements that it is not responsible for the information entered into it by third parties, it is obligated to exercise a degree of caution and professionalism in its activities, an obligation that requires some verification mechanism for the information entered into it. Here, the platform does not function solely as an intermediary and offers related services and therefore constitutes a travel agent and not an intermediary. In addition, since the platform did not take any action to verify the information, it clearly did not act with caution and professionalism and therefore violated its obligation and bears some responsibility, even partial, for the quality of the purchased product.

 

Published in Legal Channel 428 11.12.2024 Afik & Co. https://he.afiklaw.com/

Doron Afik

Managing Partner at AFIK & Co. Attorneys & Notary

Jurisdiction: Tel Aviv


Phone: +972-3-6093609

Email: doron@afiklaw.com