Tourism Law in Europe

33 About the obligations that the low-cost accommodation contract generates for the parties, as mentioned above, these are limited to the service provider supplying the accommodation by making available to the guest the reserved accommodation, which must be in a condition for immediate use, and equipped with all the necessary utensils for the preparation and consumption of food, as well as bed and bath linen 70 ; For the guest, their basic obligations are to pay for the accommodation, which is paid in advance through the platform, to use the accommodation for accommodation purposes and not for other purposes, to keep it in the conditions received and to report any damage that may occur during their stay 71 . Finally, it should be emphasised that in the low-cost accommodation contract, it is also the host who unilaterally stipulates the contractual clauses without the possibility of any negotiation with the other party. This gives the host the option of accepting or rejecting the pre-established contract, but he or she will rarely be able to negotiate the application of these clauses. This means that this contract, like any other adhesion contract, may contain clauses which contravene the legitimate interests of consumers and which may even be considered unfair under our positive law. Precisely for this reason, the European Commission is concerned that these platforms should be as transparent as possible in their conditions, especially about the price at which properties are offered, as well as who offers the service, in an attempt to ensure compliance with consumer protection regulations 72 . VI.3. The Host’s Responsibility Although it is true that the liability to compensate or repair the damages that a guest may suffer is not the exclusive patrimony of the hotel businessman, and can also be demanded 70 This is without prejudice to the fact that it can also offer a whole range of services that will normally be prearranged by the host, because although the exchanges that take place between the parties before the entry of the guest rarely give rise to modulations of the pact in a true inter-party negotiation, this should not be ruled out. 71 FERNÁNDEZ PÉREZ, N. El alojamiento colaborativo , op . cit ., p. 192. 72 See European Commission press release of 16 July 2018, available in http://europa.eu/rapid/press- release_IP-18-4453_es.htm. This note referred to the lack of transparency regarding the host's status as an entrepreneur or private individual, the prices charged for accommodation and certain clauses that contravened the Unfair Commercial Practices Directive, the Unfair Contract Terms Directive and the Regulation on the jurisdiction in civil and commercial matters. The former are directly applicable to mass or adhesion contracts .