Tourism Law in Europe

1 Tourism in Denmark Marie Jull Sørensen 1 Kim Ø stergaard 2 1. Introduction; 2. Institutional organisation; 3. Accommodation; 3.1. Professional accommodation; 3.2. Private accommodation; 3.2.1. Summerhouses; 3.2.2. Permanent residence; 4. Transportation; 4.1. Taxi; 4.2. Car rental; 4.3. Car-pooling; 5. Intermediaries; 5.1. Organisers – legal concept; 5.2. Retailers – legal concept; 5.2.1. Who is party to the contract?; 5.2.2. Is the retailer never party to the contract?; 5.3. The Danish Intermediary Rule; 5.3.1. Active part; 5.3.2. The legal consequences. 1. Introduction In this contribution, the perspective is on how Danish law interacts with intermediary platforms. A brief section on the institutional organisation of Danish tourism is followed by a description of two areas important for tourism, accommodation and transportation. In regards to accommodation, it is described how an innovative legislation tries to motivate legal private accommodation by providing benefits for letting the accommodation through an intermediary (such as Airbnb). In the area of transportation, no such benefits have been adopted. On the contrary, the Danish legislation on transportation of passengers shows a very detailed and strict regulation hard to fit in with intermediaries like Uber. Because intermediaries plays a very important role in tourism, the last and largest part of this contribution provides an analysis on how Danish case law and contract law in general deals with intermediaries. Here, the old special Danish intermediary rule has increased its relevance along with the rise of the platform economy. In short, the Danish intermediary rule has the radical effect that it transforms 1 Associate Professor, PhD, Department of Law, Aalborg University. 2 Professor (WSR), PhD, Department of Law, Copenhagen Business School.