These are the consequences of the insolvency of thomas cook

Posted on by

The travel company Thomas Cook has announced its insolvency. Vacationers on site must be recalled, planned vacations will be forfeited. The consumer center and the consumer center federal association provide information on consumer law information.

German Thomas Cook insolvent, Condor continues to fly

On 25. September 2019, German Thomas Cook companies Thomas Cook GmbH, Thomas Cook Touristik GmbH, Bucher Reisen and oger Tours GmbH have also filed for insolvency. This also includes the German subsidiary Neckermann-Reisen and the vacation airline Condor. Flights with Condor should continue for the time being, however. The German subsidiary has applied for and received a government-guaranteed bridging loan: The German government and the state government of Hesse have agreed to guarantee Condor a six-month bridging loan of €380 million.

Which trips take place, which do not?

Thomas Cook currently announces on its website that all trips with departure dates up to and including 31. October 2019 will not take place. For trips with departure dates from November 2019, the further procedure would be examined.

However, the airline Condor, which belongs to the Thomas Cook group but continues to fly, is no longer allowed to transport Thomas Cook package tour passengers to their destination for legal reasons. Return flights are not affected.

These bookings are not affected

According to Thomas Cook, bookings made by the following tour operators are not affected by the insolvency:

Dertouristik Group (Dertour/Meiers/ITS/JAHN), FTI Group (5vor Flug/BigXTRA/FTI). Schauinsland Reisen, TUI Group, LMX Reisen, VTOURS, AMEROPA, Alltours (incl. Byebye), ETI Reisen, L'TUR, TROPO, OLIMAR, HLX, TOUR VITAL, Centerparcs, Kiwitours, Aldiana
(Status: 26.09.2019, 11.30 p.m.).

What should travelers do now?

Insolvency

 

  • Anyone who has booked a package tour with the tour operators Thomas Cook, Neckermann Reisen, oger Tours, Air Marin and Bucher Reisen should now contact the so-called protection seller. Package tours in the EU must be insured against insolvency. The so-called Sicherungsschein serves as proof.
  • Those who have booked a package tour and are already on vacation can continue their vacation without restrictions, according to Thomas Cook. Thomas Cook informs: "Guests, who are already in the destination and whose journey contains a protection certificate, can continue their vacation regularly up to the planned end. Hotel partners as well as transfer agencies and airline partners have received a declaration of assumption of costs from the insolvency insurer.
  • Anyone who is already at the vacation destination but has only booked a hotel or flight via Thomas Cook (or the brands belonging to the group) can only file a financial claim in the so-called insolvency table. Those who have already partially paid for an upcoming trip can declare this amount to the guarantor (for package tours) or later via the insolvency table (for individual bookings such as for flights or hotels).
  • Those who have paid by direct debit or credit card can also have their payments reversed: Direct debits can be recalled within eight weeks, credit card payments can be reversed via the "chargeback" procedure. Caution: However, the insolvency administrator may later reclaim payments made prior to 25. September 2019 have been made.
  • Anyone who has booked their own flight ticket or accommodation must also make their own arrangements for a replacement.

Insolvency insurance often insufficient

According to Klaus Muller, head of the Federation of German Consumer Organizations (vzbv), package holidaymakers in particular thought they were safe after the airline bankruptcies of recent years. This is because package tour providers must insure themselves against insolvency. However, the Federation of German Consumer Organisations has long been drawing attention to the fact that the maximum amount of cover of 110 million euros per tour operator per year must be raised significantly. Because it is not certain whether the amount will be sufficient in the event of the bankruptcy of an industry heavyweight.

Three years ago, the Federal Ministry of Justice and Consumer Protection announced that it would obtain an expert opinion on whether and by how much the maximum amount must be raised. To date there is no expert opinion. As a result, Thomas Cook's insolvency is causing a great deal of uncertainty among German travelers, as the question now arises as to whether consumers are at all completely covered in the event of Thomas Cook going bankrupt.