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Travel vouchers and insolvency protection for tour operators
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In connection with insolvency proceedings involving tour operators, travelers are often faced with the question of whether travel vouchers already purchased are protected in the event of the operator’s insolvency. In its judgment of 15/05/2018 (Case No.: 30 C 3256/17 (71)), the Local Court (Amtsgericht) Frankfurt am Main clarified that holders of travel vouchers can also benefit from the traveler protection granted by insolvency law.
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Entitlement to protection through the certificate of security
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Inclusion of travel vouchers in insolvency protection
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Under the legal situation applicable in Germany, tour operators are required to take protective measures in the event of their own insolvency to safeguard their customers’ claims. In particular when booking package tours, customers are regularly handed a so-called certificate of security (Sicherungsschein). This serves to secure customer payments and to ensure any repayment claims in the event of insolvency.
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The Local Court Frankfurt has now decided that this protection also extends to travel vouchers that were acquired before the opening of insolvency proceedings. The certificate of security therefore applies not only to direct cash payments, but also covers claims resulting from the purchase of a voucher, provided that a corresponding payment was made to the tour operator.
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Effects of the decision on voucher holders
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The court’s decision emphasizes that the legislator’s purpose—namely, to protect the traveler by effectively safeguarding all advance payments—also applies to voucher purchases. The prerequisite remains that the customer’s payment is to be assessed as an advance payment within the meaning of the insolvency-law provisions. If the voucher is therefore acquired as part of an advance payment and a certificate of security has been issued, there is in principle a right to reimbursement in the event of insolvency.
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Limits of the protection and assertion of the claim
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Requirements for insurance coverage
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A decisive condition for making use of the certificate of security is that this document is provided to the customer. If a properly issued certificate of security is missing, no claim can be asserted against the insurer or the security provider. The court also clarified that the protection relates only to claims arising from booked and paid-for services. There is no further protection for claims beyond this.
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Significance for legal application
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This judgment highlights the importance of existing consumer-protection mechanisms in travel law, which must always be interpreted in light of the respective contractual arrangement. The decision strengthens the position of customers who, relying on insolvency protection, purchase vouchers for future trips. For companies and investors in the travel and tourism sector, this entails increased responsibility with regard to the proper issuance and documentation of the certificates of security.
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Relevance for contracting parties and legal points of connection
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The judgment of the Local Court Frankfurt am Main contributes to clarity in the interpretation of security instruments in the event of insolvency and points to the need to structure contractual relationships and payments carefully with regard to existing security obligations. Nevertheless, a specific assessment of the individual case remains decisive in order to identify any liability risks and to determine legal options.
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Anyone who, as a company, investor, or high-net-worth private individual, is confronted with insolvency-related issues in connection with tour operator contracts, vouchers, or other advance performances can find further information and support in the field of insolvency law under legal advice on insolvency law.
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