You can go bankrupt twice in Australia

Airline or tour operator bankruptcy - money back?

Airline and tour operator broke - unfortunately not an isolated case. The coronavirus is currently giving the travel industry a hard time. Only vacationers who have booked a package tour or a cruise are insured against bankruptcy. ADAC lawyers give tips on how to get your money back if the worst comes to the worst.

  • Coronavirus has serious consequences for the travel industry

  • Package travelers are covered by a security certificate

  • Passengers who have booked directly have a hard time getting the ticket price back

Bankruptcy Thomas Cook

Here you will find important tips and help for Thomas Cook customers.

Package tour: Organizer broke - vacationers covered

The ADAC checklist shows you the right steps to take if you have booked a package tour and your tour operator is insolvent.

ADAC checklist in the event of bankruptcy of a tour operator
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Tour operator broke

Vacationers, the one Package tour have booked can fall back on collateral in the event of the tour operator's bankruptcy. Also one cruise is legally a package tour.

The tour operator must ensure that you get the travel price back and that you are transported back from the holiday destination. All organizers within the EU are obliged to do this. You need to have coverage through a Security certificate prove.

Vacationers do not have to pay the travel price until the tour operator has given you the security certificate and given the contact details of the insurance company. In the event of bankruptcy, you can submit your claims directly to the insurer.

If the tour operator goes bankrupt, the insurer can decide whether to offer to carry out your trip or to organize the return trip. If you request a reimbursement of the travel price, the insurer must pay immediately.

Package trip booked - airline broke

Package holidaymakers get help from the tour operator in the event of the airline's bankruptcy. They must provide you with an alternative (e.g. transport with another airline) free of charge. If this results in significant delays, you can get one Travel price reduction assert.

A free cancellationthe trip due to the bankruptcy of the airline is not possible.

Here you can find more information about problems with the package tour.

Flight booked, airline insolvent - these are your rights

At "Flight-only bookings " the airline does not need to secure its own bankruptcy. Since the airline can request payment for the ticket before take-off, the passenger bears the risk that the flight will not take place (or no longer).

With the booking, the passenger is entitled to the flight or the reimbursement of the ticket price. If the airline is bankrupt, however, all that remains is to register its claims as part of the bankruptcy proceedings.

The ADAC checklist for individually booked services shows you the right steps.

ADAC checklist for individually booked services
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Stranded at the vacation spot - how do I get home?

Contact the insolvency administrator about the return journey. As a rule, insolvency administrators try to carry out flights that have already started.

Arise you for the Return journey additional costs (e.g. because the contractually agreed return flight does not go and you book a replacement flight), you must assert this in the insolvency proceedings after your return. However, it is often questionable whether the bankruptcy estate is sufficient for all affected passengers.

Still at home - can I cancel the contract?

There is a contract of carriage (e.g. booking a flight) no right of withdrawal. It does not matter whether the contract was booked in a local travel agency or online.

However, you can cancel the flight at any time. However, the airline can provide a Cancellation fee request if the flight takes off despite the bankruptcy.

tip: You should first wait and see whether the flight you have booked will operate despite the bankruptcy. When an airline goes bankrupt, there are often investors who still operate flights that have already been booked. The insolvency administrator can also determine that existing bookings are still to be fulfilled.

Flight canceled - what can I ask for?

If your flight is canceled due to the bankruptcy of the airline, you can choose between Withdrawal and substitute transport choose. You can request:

  • Reimbursement of the ticket price or reimbursement of additional costs (e.g. for a self-booked replacement flight if the airline does not offer an alternative flight)

  • Additional costs that you incur due to the cancellation (e.g. for the cancellation of a rental car that has already been booked)

  • A flat-rate compensation payment if the airline has informed you of the cancellation less than 14 days before departure

Danger: If the airline has already filed for bankruptcy, you must register your claims with the insolvency administrator. Whether you get your money back depends on whether the bankruptcy estate is sufficient to settle all claims.

Who do I direct my claims to?

You can only make your claims against the airline, because this is yours Contractual partner. It does not matter whether you booked the flight directly with the airline or through an intermediary (e.g. a travel agency or an online portal).

If the insolvency proceedings have already started, you have to Claims to the (preliminary) insolvency administrator be judged. This usually informs those affected in a letter about how to proceed. Only if a so-called insolvency is carried out in self-administration, the Airline Defendant.

Claims for damages against a travel agent are only possible if he is at fault (e.g. if the bankruptcy of the airline was already foreseeable at the time of the mediation).

Is it a so-called. Broker of related travel services *, which e.g. arranges an overnight stay for the flight, claims are possible. This intermediary has to secure his own insolvency if he provides his own travel services or if he organizes the payment transactions for the brokered travel services.

The agent of related travel services must ensure the return of the customer if the flight was booked directly with him (e.g. the airline arranges an overnight stay in addition to the flight).

* What is a "Related Travel Agent"?

In the case of so-called connected travel services, the customer does not book a service package. He concludes individual contracts for a trip with various providers (e.g. when booking via the website of a hotel, a rental car is arranged) and pays for all services individually. The booking is made when you visit the travel agency or contact the agent online.

If the traveler only books one service (e.g. a flight) and within 24 hours another one that was specifically mediated to him by the first provider when booking, there is also a mediated connected travel service.

Important: There is no package tour. The customer cannot refer to the applicable regulations. However, it is secured by a minimum level of protection. The agent must inform him about this and secure his bankruptcy.

Hotel insolvent - this is how you get your money back

In the Booking a hotel or a holiday apartment in Germany German tenancy law applies. It is often required to pay for the hotel / holiday apartment before the stay. If the hotelier / landlord goes bankrupt between the (down) payment and the start of the trip, there is a risk that the guests will be left at their own expense.

Have you been for Overnight benefits paidthat are no longer paid, you can only claim your money back in the context of insolvency proceedings. If the bankruptcy estate is not sufficient to settle all claims, you may get away with nothing.

Our tip: Agree with the hotelier / landlord not to pay until the end of the stay.

At Bookings abroad mostly foreign law applies. As a rule, you must assert your claims against the hotelier / landlord abroad in accordance with foreign law. Since there may be deviations from the German legal situation, you should consult a lawyer abroad.

Protective shield procedure briefly explained

A company that the Bankruptcy or over-indebtedness threatens, can submit an application to the competent court for a so-called protective shield proceedings put. In this process, the company can independently submit a recovery plan and reach an agreement with the creditors. This is monitored by a trustee.

The aim of the protective shield proceedings is Redevelopment the company. After submitting the restructuring plan, the court will decide whether bankruptcy proceedings will be opened or whether the restructuring plan can be implemented.

Insolvency proceedings briefly explained

Companies that no longer solvent or over-indebted must have a Application for corporate bankruptcy put. The court checks whether all requirements are met in order to open insolvency proceedings.

Afterwards a (provisional) liquidator ordered, who either liquidated or restructured the company. The company can only continue to act itself in the event of bankruptcy in self-administration. Insolvency proceedings can take several years to complete.

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