Comparative analysis of ADRs available in the EU, Mexico, Argentina and Colombia for the guest–consumer against online platforms for tourist accommodation

Abstract

The guest–consumer with domicile in the EU or in Colombia, Mexico or Argentina constantly enters into digital intermediation contracts with online platforms for tourist accommodations with registered offices in other States. In the event of a complaint, the amount of the claims, being small, may dissuade the guest–consumer from filing a legal claim, but the scenario may change if they can access inexpensive or free, fast and efficient dispute resolution mechanisms (ADRs) that allow them to manage their complaint online. The European Union and selected Latin American States grant consumers extrajudicial tools so they can obtain a compensation for damages. However, not all consumers can access them, and several scenarios of international protection are created, which depend on criteria such as the domicile of the consumer, the place of registered office or establishment of the platform, the specialty of the ADR in consumption, among others. This brief research aims to expose this scenario and show in a comparative perspective the international protection of consumer–guests in ADRs matters.