What steps should I take if my travel operator declares bankruptcy?
February 10, 2022 | 40,00 EUR | answered by Sophia Breitwieser
Dear travel law attorney,
I am reaching out to you with an urgent question regarding my current situation as a customer of a travel operator who has filed for insolvency. My name is Ludwig Ehrenbreit and I recently booked a trip through the mentioned operator, which was supposed to take place soon.
I am naturally concerned about what steps I should take next and how to protect my rights and money. I have already made a deposit and fear that I may lose my money if the travel operator is indeed insolvent.
I am wondering if there are ways to reclaim my money or if there are other legal steps I can take to protect my rights as a consumer. How can I ensure that I can still go on my trip if the travel operator is unable to provide their services anymore?
I would greatly appreciate your professional advice and support in this matter and ask for your help in clarifying my legal options and actions in this difficult situation.
Thank you in advance for your assistance.
Sincerely,
Ludwig Ehrenbreit
Dear Mr. Ehrenbreit,
I understand your concern regarding the insolvency of the tour operator and I can understand that you are worried about your money and your planned trip. It is important to know what legal steps you can take in such a situation to protect your rights as a consumer.
First of all, I want to assure you that there are indeed ways to claim back your money if the tour operator is insolvent. In such cases, consumers are protected by the Package Travel Regulations, which grant you certain rights as a customer. If the tour operator declares insolvency, you are entitled to a refund of the payments you have already made. This applies to both the deposit and the remaining amount you may have already paid.
To reclaim your money, you should first contact the insolvency administrator of the tour operator. They will handle the insolvency proceedings and provide you with information on how to make your claims. It is important to keep all relevant documents such as booking confirmations, payment receipts, and correspondence with the tour operator to support your claim.
Furthermore, you can also turn to the security fund of the Travel Price Security Act. This fund is meant to ensure that consumers are compensated in case of the tour operator's insolvency. You can apply for compensation to get your money back.
If the tour operator is no longer able to provide the services, you also have the right to cancel the trip and withdraw from your contract. In this case, you are entitled to a refund of all payments you have already made.
I hope that this information is helpful to you and that you can successfully assert your rights as a consumer. If you have any further questions or need assistance, I am happy to help.
Best regards,
Sophia Breitwieser
Travel Law Attorney
