CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – SIGNIFICANT IMBALANCE – PARITY CLAUSE – PRIVATE INTERNATIONAL LAW

Parity clause: The Paris Court of Appeal sanctions, in accordance with Article L. 442-6 of the French Commercial Code, parity clauses imposed to hoteliers and recognises jurisdiction of French Courts (Expedia)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The practices of hotel reservation platforms have not gone unnoticed for some time now. Lawyers have discovered the so-called "parity" clauses that these platforms impose in their contracts with hoteliers: the "parity of rates" clauses, which ensure that the best rates are automatically obtained, and the "parity of availability" clauses, which guarantee the platform the best conditions in terms of room availability (either by reserving the last available room for it, or by guaranteeing it the same number of rooms as that available on any distribution channel of the hotel or of a third party). Background The decision of the Paris Court of Appeal of 21 June

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  • University of Aix-Marseille

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Frédéric Buy, Parity clause: The Paris Court of Appeal sanctions, in accordance with Article L. 442-6 of the French Commercial Code, parity clauses imposed to hoteliers and recognises jurisdiction of French Courts (Expedia), 21 June 2017, Concurrences N° 4-2017, Art. N° 85197, pp. 117-119

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