Lockdown without end? Travel industry threatens wave of bankruptcies – now claim back payments and sue!

A contribution by Michael Böhler, lawyer and specialist lawyer for traffic law, Konstanz

From November 2nd, 2020 it will again be forbidden nationwide to use hotels for tourist purposes; in general, people are encouraged to refrain from traveling. Similar regulations apply in various European countries, traveling to non-European countries can currently only be dreamed of. Since it is to be feared that the Covid19 virus will still be rampant and even worse on November 30th, 2020, a continuation of the lockdown for the travel industry is conceivable for the foreseeable future. The income situation thus remains at zero. Together with the countless trips that have to be reversed due to the pandemic, a number of tour operators will experience payment difficulties, and in many cases bankruptcy threatens.

The law requires reimbursement within 14 days!

In numerous cases, the tour operators have acknowledged their repayment obligation after a trip that they canceled themselves, but did not reimburse the travel price or a deposit on it. This delay, which sometimes lasts for months, is unacceptable in view of the fact that Section 651h (5) BGB prescribes repayment within two weeks. In order to at least get the chance of a repayment, a lawsuit should now at least be threatened.

Accepting a voucher as a solution?

In order to maintain liquidity, many tour operators understandably offer a voucher for the amount instead of a reimbursement of the travel price. However, this offer does not have to be accepted, especially with regard to the risk of insolvency (see Thomas Cook).

I therefore advise all travelers to increase the pressure on the tour operator and, if necessary, to sue for repayment.

If If you need support in connection with a trip as a result of the corona pandemic – for example in enforcing the repayment claim presented – I will be happy to support you – nationwide!

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