142 TOURISM LAW IN EUROPE consumer, thereby demanding less knowledge of the market. The degree of involvement from the performance debtor is also important in terms of how the consumer must logically understand the contractual situation. In the Booking.com case, it seems very difficult to avoid the conclusion that the place of residence must be deemed the consumer’s contracting party and thus the obligor under the contract. Finally, it appears that if a valid intermediary reservation is to be achieved, it must be clear, precise, easily intelligible and written in a shared language. 5.3. The Danish Intermediary Rule The Danish intermediary rule is a part of the Danish consumer definition60, 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 has to subsequently comply with consumer law provisions. The Danish intermediary rule has become particularly pertinent with the rise of the platform economy. In 1977, the Danish legislators were of the opinion that the “presumably significant” need for protection of the consumer was the same when contracting through an intermediary as it was when the intermediary itself became the contracting party62. In the preparatory work of the Danish Consumer Contract Act, it is clarified that the consumer negotiates with a professional in both situations, but the consumer is not always aware that the main contracting party (the supplier) is not a professional. For example, because the platform often provides a standard contract to the parties63. In 1978, the intermediary rule was added to the Danish Sales Goods Act for the same reason64: “The crucial point 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, pp. 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).
RkJQdWJsaXNoZXIy MTE4NzM5Nw==