The Legal Impacts of COVID-19 in the Travel, Tourism and Hospitality Industry

21 Nonetheless, the judge did not find these facts to be proven. Furthermore, in his ruling, he states that “ the activity of the defendants consists of the creation of a virtual platform to which the applicants for travel or those who wish to make theirs cheaper can access, in which case they intervene by identifying the people not to make the trips or pay the expenses, but to make them agree on certain rules that they clearly publish on their website to do so through their intervention ” (FJ 4). He acknowledges, however, that the platform perfects a system of contacting people who wish to make these trips that have been done traditionally (advertisements in universities, supermarkets, etc.), “ because due to its fame and the advertising it does, anyone who wants to make their trip cheaper, or who wants to do it in a private car, can access it in an infinitely more effective way than if they do it through a mechanical or computer advertisement ”. Consequently, the activity carried out by BlaBlaCar is unrelated to that regulated by Law 16/1987 of 30 July on the Regulation of Land Transport (LOTT), “ since putting individuals in contact with more or less requirements, with control of payments, with a criticism of the people involved on delays or the quality of other services is not an activity subject to the law on the regulation of land transport ” (FJ 5). So, BlaBlaCar has created a telematic way that allows putting in contact individuals who want to make a trip together, sharing certain expenses of the journey. Although, to contribute to the quality of the service of contact has put some margins, some limits and a format of action, which, in any case, are not obligatory for the parts that contact with the above-mentioned platform to realise the journey. It also makes clear the lack of connection between the drivers and the platform, insofar as they are not BlaBlaCar workers, but individuals who, at their own risk, offer themselves on the aforementioned platform looking for people who are interested in making the same journey and sharing the costs that it generates (FJ 5). In the end, the Court establishes that the transport arranged through BlaBlaCar is a private transport (FJ 5) and, consequently, the work done by the platform is that of the information society service (FJ 6). IV.3 The different legal relationship generated between users on these platforms Having said this, it is necessary to consider the different legal relationship that arises in this area between the parties. While it is possible to continue to assert the triangular