Tourism Law in Europe

10 organiser and the traveller concerns services outside the scope of the Package Travel Directive, such contracts are governed by the general law of obligations under Danish law. Such contracts are not governed by the Danish Sales of Goods Act since the services in question are not tangible goods. 46 The legal position of the parties is normally reflected in the interpretation of the concluded contract between the parties. In the absence of a lex specialis or if the contract does not address the conflict in question, it implies that the injured party can rely on the general rules and principles of the law of obligations, as well as more specialised principles developed for certain types of contracts, such as sales of goods contracts. Thus, if the issue is not contractually regulated, the performance creditor must invoke the remedies resulting from the general part of the law of obligations as a starting point. 5.2. Retailers – legal concept In accordance with the Package Travel Directive article 3, no. 9, a retailer is defined as a trader other than the organiser who sells or offers for sale packages combined by an organiser. However, whereas trader must be considered a part of European Union law, the legal implications of a retailer must be settled in accordance with contracts lex causae. 5.2.1. Who is party to the contract? The Danish law of obligations would usually consider retailers under the laws covering agency. This stems from the fact that a retailer acts as a commercial link between the performance creditor and the performance debtor in a contractual relationship (by fulfilling such roles as commission agent, commercial agent, retailer, property or insurance broker). The deciding factor is that the intermediary acts on behalf of the principal (organiser)—typically the performance debtor in this case—committing this entity to a third party, the traveller in this context (the performance creditor). 47 Yet the retailer does not become a party to the contract and thus undertakes no obligations 46 Cf. Eastern Regional Court case U.2010.332 Ø. 47 LYNGE ANDERSEN, L. and MADSEN P. B., Aftaler og mellemmænd , ( 7.th ed. Karnov Group 2017), p. 282 f.