Tripadvisor Update your status - business or consumer

OTA = Online Travel Agency, which means those sites that sell the booking and take the payment for you.
J B
Posts: 137
Joined: Tue Oct 09, 2007 10:56 am
Location: We live in England and have rental properties in N Wales and Paphos, Cyprus
Contact:

Tripadvisor Update your status - business or consumer

Post by J B »

Just had this from TA.
I'm a little confused - surely, if I'm letting out a property for payment, then, that's a business deal ... isn't it.
How can it be any different?

Update required: Your rental operations
Hello J B
We're writing to you today to get clarification from you about the nature of your rental operations.
New consumer protection laws that are soon coming into force in the EU and UK require that you confirm to us whether you are renting out your property as a business or as a consumer. You have previously indicated to us that you are operating as a business. However, if this is no longer the case, you need to let us know by May 25th, 2022 through the Owner Centre. It only takes a minute.
If you do not update the Owner Centre to inform us that you are now hosting as a consumer by May 25th, 2022, we will continue to treat you as a business. Under the new rules, users of our sites will be entitled to see new information about your business when booking your property. It is your obligation to provide this information accurately. You will be able to input that information in the Owner Centre.
If you inform us that you are now hosting as a consumer, your listing will feature a new advisory note to travellers, letting them know that their bookings with you may not be covered by national consumer protection laws
Codliveroil
Posts: 156
Joined: Fri Jan 09, 2015 3:10 pm
Location: Algarve
Contact:

Re: Tripadvisor Update your status - business or consumer

Post by Codliveroil »

As clear as Mud!

No idea what it is about, the way I see it is:

If you don't change anything then your status remains unchanged and you will be regarded as a business owner. Which is better than changing to a consumer as potential clients will be informed that they will not get certain protection whatever that is.

So I clicked on Business and filled in the info that they already have. Whether this right or not I have no Idea!

I have not been contacted by any other OTA to do this and I am with many.

Maybe someone else can chime in?
User avatar
CSE
Posts: 4414
Joined: Mon Nov 06, 2006 3:34 pm
Location: Galicia

Re: Tripadvisor Update your status - business or consumer

Post by CSE »

J B wrote: Thu May 19, 2022 9:50 pm New consumer protection laws that are soon coming into force in the EU and UK require that you confirm to us whether you are renting out your property as a business or as a consumer.
It would have been great if they had included what actual law they are referring too. Without getting into a political argument on this forum I thought that the UK had left the EU. I cannot see a recent EU legislation affecting anything in the UK.
Going on from that each Eu country has different comapny regulations Again I cannot see how a all encompassing EU law would cover this.
Your comment
surely, if I'm letting out a property for payment, then, that's a business deal
. Is there fore no so easy to answer. In the UK a private person can let out a vacation rental. You do not required to form a company to do so.
I would suggest you do some research before answering this question. It need clarification as to the implications. Maybe related to taxes or insurance.
Never try to out-stubborn your guests.
J B
Posts: 137
Joined: Tue Oct 09, 2007 10:56 am
Location: We live in England and have rental properties in N Wales and Paphos, Cyprus
Contact:

Re: Tripadvisor Update your status - business or consumer

Post by J B »

CSE wrote: Fri May 20, 2022 9:06 am
J B wrote: Thu May 19, 2022 9:50 pm New consumer protection laws that are soon coming into force in the EU and UK require that you confirm to us whether you are renting out your property as a business or as a consumer.
It would have been great if they had included what actual law they are referring too. Without getting into a political argument on this forum I thought that the UK had left the EU. I cannot see a recent EU legislation affecting anything in the UK.
Going on from that each Eu country has different comapny regulations Again I cannot see how a all encompassing EU law would cover this.
Your comment
surely, if I'm letting out a property for payment, then, that's a business deal
. Is there fore no so easy to answer. In the UK a private person can let out a vacation rental. You do not required to form a company to do so.
I would suggest you do some research before answering this question. It need clarification as to the implications. Maybe related to taxes or insurance.
Cheers
We declare all our rental income on our UK tax return.
The Welsh properties are through a Ltd Co but the Cyprus one just goes in the 'FHL abroad' section of our personal tax return.
One can run a business without 'forming a company' so not sure what TA and banging on about really!
:?
User avatar
CSE
Posts: 4414
Joined: Mon Nov 06, 2006 3:34 pm
Location: Galicia

Re: Tripadvisor Update your status - business or consumer

Post by CSE »

A property in Cypress, that was unclear in your original posing. Then you will be covered by any EU laws...still unclear what TA mean or the implications of the question.
As a side note: Even if you pay taxes in the UK ,now that Brexit has occurred you could be liable for taxes in Cypress. It would seem reading the following it is best to check and not assume.
https://www.expat.com/forum/viewtopic.php?id=972606
Never try to out-stubborn your guests.
newtimber
Posts: 1945
Joined: Sat Nov 24, 2012 5:57 pm
Location: Brighton
Contact:

Re: Tripadvisor Update your status - business or consumer

Post by newtimber »

I think that if your main job is something other than renting out your holiday let, then you are a consumer in so far as the letting agent is concerned even though you are engaged in a business activity. So in other words, someone who rents out their house when they go on holiday is a consumer and has greater protection against unfair practices from the letting agent the someone running a holiday let business. I cannot see though why guests should be effected since guests are consumers and letting is a business activity.
User avatar
paolo
Posts: 3885
Joined: Thu Jun 17, 2004 1:18 pm
Location: Provence, France
Contact:

Re: Tripadvisor Update your status - business or consumer

Post by paolo »

I think that if you are a company rather than an individual you have to have certain details visible to consumers - company name and number, address, how you store data, etc. I assume that is what they mean by 'a business' - a registered company.
Paolo
Lay My Hat
J B
Posts: 137
Joined: Tue Oct 09, 2007 10:56 am
Location: We live in England and have rental properties in N Wales and Paphos, Cyprus
Contact:

Re: Tripadvisor Update your status - business or consumer

Post by J B »

I have emailed TA for clarification!

Not sure if I'll get a reply .... :?
Joanna
Posts: 1091
Joined: Thu Aug 23, 2007 3:12 pm
Location: Chester, North West England & Sidmouth, East Devon
Contact:

Re: Tripadvisor Update your status - business or consumer

Post by Joanna »

I selected business - we fill in our tax returns as a furnished holiday let business; one property qualifies for business rates and the other is in the process of going over to business rates.

All they asked for was our business name, address & phone number - information that is publicly available on our own website. I suspect they won’t be sharing that info with guests before they book so I can’t see that it will change anything. Of course if they did show potential guests those details it would make it easier for them to book direct 😀
Jo

Joint owner of Baker's Cottage in Chester & Chandler's Cottage in Sidmouth
J B
Posts: 137
Joined: Tue Oct 09, 2007 10:56 am
Location: We live in England and have rental properties in N Wales and Paphos, Cyprus
Contact:

Re: Tripadvisor Update your status - business or consumer

Post by J B »

J B wrote: Fri May 20, 2022 6:35 pm I have emailed TA for clarification!

Not sure if I'll get a reply .... :?
They replied!!! :lol:

Hello James

Thank you for contacting us about the new EU/UK consumer protection laws.

From May 2022 Tripadvisor Rentals are asking owners of all vacation rental properties to tell us if they are operating as a business or as a private individual (consumer). To comply with the new EU/UK rules the information is then displayed during the booking process.

We are not able to advise you if you are operating as a business or a consumer and would recommend you view further information here or consult a legal advisor if you are unsure.

If you do not tell us that you are operating as a consumer we will continue to treat your account as a business and will display the necessary information to travelers accordingly.

To add or edit your business information go to the ‘My Account’ section of your Owner Centre.


Not sure that clarifies anything!! :oops:
User avatar
CSE
Posts: 4414
Joined: Mon Nov 06, 2006 3:34 pm
Location: Galicia

Re: Tripadvisor Update your status - business or consumer

Post by CSE »

Well done for your persistence.
But I have to agree. Nothing is clarified.
What new laws are they writing about?
I cannot write to TA as we are not listed on there.
Never try to out-stubborn your guests.
Cotto
Posts: 40
Joined: Thu Dec 20, 2012 6:35 pm
Location: Tuscany

Re: Tripadvisor Update your status - business or consumer

Post by Cotto »

In Italy the distinction between the two is quite clear, Tuscany had a detailed classification system for rentals since many years, then it became a national Italian law as far as I know. Since the start of the rental activities because we have different categories in which your activity is registered depending if you are a professional business or just a private renting out a property. Professional activities must register a IVA/VAT number and have different regulations applied. Customers also have different expectations about the rental if you're a simple owner or a professional activity because the law requirements to operate and the quality standards to provide and services are different. I don't know if this kind of regulation is exactly the same in all EU but I suppose there has been an effort to standardize the sector across the common European market.
I suggest to not declare yourself as I business if you are not sure about your legal status, it's better to consult your business consultant for advice.
User avatar
CSE
Posts: 4414
Joined: Mon Nov 06, 2006 3:34 pm
Location: Galicia

Re: Tripadvisor Update your status - business or consumer

Post by CSE »

Cotto. It is different here in Spain. And I cannot find any recent EU legislation that is changing that. Even less that affect the UK! :wink:
Never try to out-stubborn your guests.
User avatar
paolo
Posts: 3885
Joined: Thu Jun 17, 2004 1:18 pm
Location: Provence, France
Contact:

Re: Tripadvisor Update your status - business or consumer

Post by paolo »

This is to do with a new EU directive known as the Omnibus Directive, this is from Tripadvisor support pages:
What are the recent changes to EU/UK consumer protection law?
New laws in the European Union (EU) and United Kingdom (UK) (often referred to as the Omnibus Directive or New Deal for Consumers) make key changes to the existing consumer legislation framework. They give additional rights and protections to people using online marketplaces to buy goods and services, which includes making bookings of vacation rental properties.

Online marketplaces are required to inform their users:
Whether a seller of goods/services on their platform is a professional trader or a private individual (consumer). If the seller is a professional trader, they are required to present certain business information to users of the marketplace.
Here is the directive itself: https://eur-lex.europa.eu/eli/dir/2019/2161/oj
Paolo
Lay My Hat
J B
Posts: 137
Joined: Tue Oct 09, 2007 10:56 am
Location: We live in England and have rental properties in N Wales and Paphos, Cyprus
Contact:

Re: Tripadvisor Update your status - business or consumer

Post by J B »

paolo wrote: Mon May 23, 2022 9:33 am This is to do with a new EU directive known as the Omnibus Directive, this is from Tripadvisor support pages:
What are the recent changes to EU/UK consumer protection law?
New laws in the European Union (EU) and United Kingdom (UK) (often referred to as the Omnibus Directive or New Deal for Consumers) make key changes to the existing consumer legislation framework. They give additional rights and protections to people using online marketplaces to buy goods and services, which includes making bookings of vacation rental properties.

Online marketplaces are required to inform their users:
Whether a seller of goods/services on their platform is a professional trader or a private individual (consumer). If the seller is a professional trader, they are required to present certain business information to users of the marketplace.
Here is the directive itself: https://eur-lex.europa.eu/eli/dir/2019/2161/oj
Thanks Paolo

Not having the brainpower or skillset to read the link you posted (sorry :oops: ) I think I'm going to be a private individual ...
Post Reply