Tourism in Denmark Marie Jull Sørensen1 Kim Østergaard 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, we will provide a perspective 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. Regarding accommodation, we will describe how an innovative legislation tries to motivate the existence of 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 passenger transportation shows a very detailed and strict regulation, one that is hard to conciliate with intermediaries like Uber. Seeing as intermediaries play 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. In this respect, the old special Danish intermediary rule grows in relevance as the platform economy grows. In short, the Danish intermediary rule has the radical effect of transforming the contract 1 Associate Professor, PhD, Department of Law, Aalborg University. 2 Professor (WSR), PhD, Department of Law, Copenhagen Business School.
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