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Banks and Freshfields provide start-up support for travel insurance funds

Tourism bankruptcies

The financing for the German Travel Insurance Fund is in place. A banking consortium made up of UniCredit, DZ BANK and Deutsche Bank is granting the fund a loan of EUR 750 million for the transition phase up to 2027. By then, the fund itself should have built up the same amount of capital in order to fulfill its statutory mandate.

Frank Laudenklos

The fund is intended to secure payments from customers in the event that their tour operator slips into bankruptcy. The starting point for setting up the fund is the experience of the Thomas Cook insolvency. It had shown that the liability limit for protecting customer funds that was valid at the time was too low.

As a result, the DRV Deutscher ReiseVerband, among others, developed the legally anchored concept of a fund solution together with the leading Federal Ministry of Justice.

Since November 1, 2021, travel providers with a turnover of more than 10 million euros have been obliged to conclude a security agreement with the German Travel Security Fund (DRSF) in the event of insolvency. Until now, travel providers have been protected by insurance companies and credit institutions.

Federal government guarantees bank financing

If a tour operator files for bankruptcy, the DRSF reimburses advance payments made and organizes the repatriation of travelers from the holiday destination. By October 2027, the fund – financed from fees and security deposits from travel providers – is to build up a target capital of 750 million euros.

Until then, the consortium financing will ensure the financial performance of the DRSF. The loan is secured by a federal guarantee.

consultant banks
Freshfields Bruckhaus Deringer (Frankfurt): Dr. Frank Laudenklos (financing), Dr. Markus Benzing (bank supervisory law; both lead), Dr. Andreas von Bonin (state aid law; Brussels), Holger Hartenfels (bank supervisory law); Associates: Georg Lübbehüsen, Dr. Dennis Chinnow (both financing), Dr. Nicolas Sölter (bank supervisory law), Laura Korndörfer (financing), Susanna Brintrup (state aid law)


Ulrich Keunecke

Advisor to the German travel fund
KPMG Law (Frankfurt): Dr. Ulrich Keunecke (lead management; insurance law; Frankfurt), Miriam Bouazza (financing), Dr. Martin Trayer (Employment Law/Health Care), Dr. Frank Püttgen (insurance law; Cologne), Maik Ringel (corporate), Sigrid Karin Aguilar Alvarez (insurance law); Associates: Ines Schemmert (insurance law; all Leipzig), Dr. Dennis Hanstein (M&A; Hanover), Hanna Michalak (employment law/IT/data protection law), Linda Oppermann (insurance law; Munich)

Advisor to the Federal Republic of Germany/Federal Ministry of Economics
PricewaterhouseCoopers (Düsseldorf): Bernd Papenstein, Rainer Holtmann (both public sector) – known from the market

Advisor to the Federal Ministry of Justice
BLD Bach Langheid Dallmayr (Cologne): Dr. Joachim Grote, Dr. Franz Konig; Associate: Christiane Osterspey (all insurance law) – known from the market

Advisor to the German Travel Association
Renzenbrink & Partner (Hamburg): Dr. Ulf Renzenbrink, Dr. Andreas Stoll, Christopher Blumenthal; Associate: Vincent Faure (all corporate) – known from the market

background: Freshfields partner Laudenklos was mandated by the banking consortium last summer. Long-standing contacts with UniCredit, which leads the consortium, were decisive. Until the end, there were numerous hurdles related to the legal basis and the financing commitment of the banks, which the team with the advisors of the federal government (PwC) and the fund (KPMG) overcame.

The Hamburg law firm Renzenbrink & Partner set up the fund on behalf of the travel associations. KPMG then took over the further implementation of the project on the basis of the law.

Interdisciplinary teamwork at KPMG

At KPMG Law, the Leipzig partner Keunecke managed the overall mandate from a legal point of view together with the specialist for insurance supervisory and insurance contract law Püttgen. They primarily advised on insurance and investment law as well as contract law issues that arose from the approval process for the operation of the travel insurance fund. The Frankfurt financing partner Bouazza negotiated specifically for the syndicated financing of the banks.

In addition to the lawyers from KPMG Law, the auditors of the Big Four company also advised on economic, actuarial, tax and organizational issues. In addition, the higher-level project management was located there. KPMG’s mandate is now being transferred to ongoing advice.

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