Online travel companies warn new legislation is ‘unworkable’

Amelia Jones

Online travel companies in the UK have said the new legislation that regulates holiday accommodation in Wales is ‘manifestly disproportionate’, and will limit visibility for Welsh businesses.

The concerns raised by Online Travel UK (OTUK) have been echoed by self-catering businesses and accommodation providers in Wales who have labelled the legislation “poorly thought out” and “unworkable.”

Under the Development of Tourism and Regulation of Visitor Accommodation (Wales) Bill, online booking platforms will be held liable if an accommodation provider fails to comply with stringent new licensing rules, where it must not provide incorrect information about the property, or fail to include an accurate registration number for their online listening.

OTUK, along with many other booking and metasearch sites offering accommodation in Wales, have warned that the current proposals could result in booking platforms being held criminally liable for information they have no control over.

Letter to Welsh Government 

In a letter sent to the Welsh Government, OTUK says that while it supports fair and proportionate regulation of the visitor economy and is happy to work alongside the government, these changes go far beyond the liability that is placed on booking platforms elsewhere and will undermine legal protections that allow online businesses to operate effectively for consumers and travel providers.

OTUK says that the changes are a: “significant extension of general monitoring obligations for platforms which goes far beyond well-established legal concepts of intermediary liability and the principle that online businesses should only be liable for illegal content once it has been brought to their attention and they have had an opportunity to remove it.”

It added that protections like this are fundamental to the functioning of digital markets and that it is “manifestly disproportionate” to hold online businesses and individuals employed by them legally liable for actions which they have no control over.

OTUK explains that it supports the desire to ensure only validly registered and licensed properties can be listed, and that platforms can take significant steps to support compliance and prevent fraud.

‘Poorly thought out’

Lisa Stopher, managing director of West Wales Holiday Cottages said: “These measures are disproportionate, poorly thought out, and if implemented make it impossible to continue to advertise local self-catering accommodation in Mid and West Wales.”

Nicky Williamson, director of the Professional Association of Self Caterers Cymru added: “Proposals to make advertising platforms of any size and scale liable for the declarations made by self-catering operators in Wales are unworkable, and would simply mean that self-catering properties lost the ability to market their properties on these valuable booking channels.”

In a report published on 19 December, the Senedd also asked for the legislation to be changed, warning that “it is important that Wales is not put at a disadvantage as a result of these provisions.”

Carl Thomson, a spokesperson for Online Travel UK said it was unclear whether the Welsh Government recognises the extent to which it is proposing such a significant departure from the long-standing framework on digital regulation in the UK.

He said: “We are urging them to adopt the recommendations from the Senedd and revisit the bill in response to the representations of a wide variety of businesses.”

When asked for comment, the Welsh Government said: “We want to work with all parts of the tourism sector, including online companies advertising properties, to make following the law as easy as possible. The new standards are designed to support responsible businesses and reassure visitors.”