Tourism Law in Europe

8 have drivers legally driving for them in Denmark if the drivers do not meet all these requirements. For the short period Uber was practicing their business in Denmark (from October 2014 – April 2017), some of their drives were fined for so-called pirate taxi 35 and in addition, most Uber drivers also was caught not paying taxes on their income 36 and for receiving social benefits while earning money from driving for Uber 37 . As a passenger, you are covered by the mandatory insurance on the car. 4.2. Car rental A person can legally rent out his car occasionally against (taxable) payment, but if it can be regarded as a business activity, there are certain requirements that has to be met. These requirements are much the same for many countries and will just be listed here. The car has to be registered, 38 the owner has to make sure, that the renter legally can drive the car 39 and there has to be a contract between the parties with certain specific information 40 . For the renter, an important requirement is that the car must be insured in a way that also protects the renter. 41 Normally the mandatory insurance covers damages other than the damages that the driver or owner might suffer. 4.3. Car-pooling With the entry of platforms arranging car-pooling and thereby extend the old phenomenon of ‘driving together’, it becomes necessary to legally define this concept. In the Eastern Regional Court case U.2017.796.Ø, it was clearly stated, that driving for Uber 35 See for example case U.2018.3745.H from the Supreme Court – The driver was fined for not meeting the requirements of a taxi driver as well as the requirements for the car. The same was the case in case U.2020.232/2.Ø and case U.2017.796.Ø. 36 Rapport vedrørende kontrol af Uber-chauffører, Indkomstårene 2014 og 2015, Skatteudvalget 2017-18S, Alm.del endeligt svar på spørgsmål 345. (Report on control of Uber-drivers, year 2014-1015, The Tax Committee 2017-18, final answer to question 345). 37 https://fagbladet3f.dk/artikel/millionregning-til-uber-chauffoerer-socialt-bedrageri. 38 Bekendtgørelse 2013-05-02 nr. 463 om udlejning af motorkøretøjer uden fører, § 2 (Declaration on Letting of Motordriven Vehicles without a driver (with later changes)). 39 Bekendtgørelse 2013-05-02 nr. 463 om udlejning af motorkøretøjer uden fører, § 4, stk. 2 (Declaration on Letting of Motor Driven Vehicles without a driver (with later changes)). 40 Bekendtgørelse 2013-05-02 nr. 463 om udlejning af motorkøretøjer uden fører, § 5 (Declaration on Letting of Motor Driven Vehicles without a driver (with later changes)). 41 Bekendtgørelse 2013-05-02 nr. 463 om udlejning af motorkøretøjer uden fører, § 13 (Declaration on Letting of Motor Driven Vehicles without a driver (with later changes)).

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