Tourism Law in Europe

17 5.3. The Danish Intermediary Rule The Danish intermediary rule constitutes a part of the Danish consumer definition 60 so if the Danish intermediary rule is applicable, the peer-to-peer contract in the triangular structure becomes a business-to-consumer contract. The intermediary rule adds: “.... the law also applies for contracts on goods and services from non-traders, if the contract is concluded or mediated through or with the help from a business.” 61 The consumer is thus protected as a consumer vis-à-vis the supplier and the latter then has to comply with consumer law provisions. The Danish intermediary rule has become pertinent with the rise of the platform economy. In 1977, the Danish legislators were of the opinion that the need for protection of the consumer “presumably significantly” is the same when contracting through an intermediary as it is when the intermediary itself is the contracting party. 62 In the preparatory work of the Danish Consumer Contract Act, it is clarified that the consumer in both situations negotiate with a professional, but the consumer is not always aware that the main contracting party (the supplier) is not a professional for example because the platform often puts a standard contract at the disposal of the parties. 63 In 1978, the intermediary rule was added to the Danish Sales Goods Act for the same reason 64 : “The crucial point is that the peer-customer negotiate with a professional who often possess a superior level of expertise.” 65 60 See for more information on the Danish intermediary rule: SØRENSEN, M.J., ‘Digitale formidlingsplatforme - formidlingsreglen i dansk forbrugerret,’ Ugeskrift for Retsvæsen , U.2017B.119. and SØRENSEN, M. J., ‘Uber – a business model in search of a new contractual legal frame,’ EuCML , no 1, 2016, p. 15 -19. 61 Now to be found in The Consumer Contract Law, no. 1457 of 12/17/2013, para 2(3) as well as all other consumer protection laws within the area of civil law. 62 L 39, 1977 om Forslag til Lov om visse forbrugeraftaler, comments on Para 1(4). (Preparatory work of the Danish Consumer Contract Act). 63 L 39, 1977 om Forslag til Lov om visse forbrugeraftaler, comments on Para 1(4). (Preparatory work of the Danish Consumer Contract Act). 64 Consolidated Act no. 140 of 17/02/2014. (Preparatory report on the Sales Law). 65 L 119, 1978-1979 Forslag til Lov om ændring af købeloven, comments on Para 4a (2). Later repeated in L 220, 2004 om visse forbrugeraftaler og om ændring af lov om forsikringsaftaler og lov om beskatningen af pensionsordninger m.v., Section 4.2.1.1.