A practical route for resolving disputes with online platforms

A suspension, delisting, payment issue or change in visibility can therefore have immediate consequences — particularly in sectors such as hotels, holiday accommodation and tourism.

The EU P2B Regulation provides business users with an additional mechanism for resolving such disputes outside court.

What disputes can be mediated?

Depending on the circumstances, P2B mediation may be suitable for disputes concerning:

• restrictions or suspension of an account;
• termination of platform services;
• removal or delisting;
• ranking or visibility;
• platform terms and conditions;
• payments, fees and commissions;
• access to data;
• differentiated treatment;
• restrictions on selling through other channels;
• internal complaint handling;
• notices and statements of reasons; or
• other matters arising from the provision of online intermediation services.

Do I need a lawyer?

No.

A business user may participate directly or through an authorised representative. Legal representation remains permitted where a party considers it useful.

The procedure has deliberately been designed to be accessible without requiring formal pleadings or court-style evidence.

Do I have to complain to the platform first?

Using the platform’s internal complaint procedure is generally useful and can significantly assist mediation.

However, under our Rules it is not normally a mandatory precondition to submitting a mediation request unless applicable law requires otherwise.

Can the mediator order the platform to do something?

No.

P2B mediation is not arbitration and the Case Mediator does not act as a judge.

The mediator may analyse the dispute, identify settlement risks, facilitate negotiations and propose practical solutions, but cannot impose an outcome on either party.

What happens if we reach agreement?

Where the parties agree on a solution, the terms can be recorded in a Settlement Agreement.

Once signed, that agreement is legally binding as a contract according to the law applicable to it.

What if mediation does not work?

Neither party loses its right to go to court.

The P2B Regulation expressly preserves the right of both platforms and business users to commence judicial proceedings before, during or after mediation.