What do several travel agencies do

Bankruptcy of the travel agency

Far more often than the bankruptcy of the tour operator hits the traveler Bankruptcy of the travel agency with whom he booked. Problems arise here if the traveler has paid his travel price to the travel agency before departure and the travel agency does not pass the price on.

Security certificate does not help

The security certificate only covers the event that the tour operator becomes insolvent. It offers no protection against the bankruptcy of the travel agency.

From July 1st, 2018, however, the travel agency must take precautions against the event of bankruptcy. This can include the fact that the travel agency no longer accepts payments or that it collects the payments on a separate external money account. The travel agency does not have to issue a security certificate itself when merely arranging a trip. Only the organizer's security certificate must have been handed over before payment is accepted.

Payments were not forwarded

The customer usually feels the organizer's insolvency in such a way that he has paid the travel price in whole or in part to the travel agency, which then pays Not to the tour operator forwards. The organizer will then object that the trip has not yet been paid for.
It is important here that you keep the payment receipts in a safe place.
As a rule, the traveler can rely on the fact that the travel agency, which asks the customer to pay the office instead of the tour operator and hands over a security certificate, is also authorized to receive the money. Some dishes have already decided unanimously. This means that the payment to the travel agency has a fulfilling effect. The customer is thus treated as if the tour operator had received the travel price.
The organizer then has to carry out the trip. If he does not do this, the customer is entitled to a claim for reimbursement in the form of a reduction in price and, if necessary, even a claim for damages because of useless vacation time.

Changes as of July 1st, 2018

Due to the reform of travel law, the travel agency has to pay more attention to insolvency protection. This includes not only the handover of a security note in the case of booking a trip, but also the collection of payments on a separate insolvency-proof foreign money account. The travel agency does not need its own security certificate.

Furthermore, the assumption applies that the travel agency which issues the travel confirmation to the traveler is also authorized to accept the traveler's payments. With the payment, the traveler fulfills his part of the contract and has the full right to the provision of the travel service. This also applies if the tour operator does not receive the money.

If the travel agency does not arrange a package tour, but rather individual services from different providers with separate accounting (so-called related travel services - e.g. hotel with provider A and the flight with provider B) this initially represents a mediation that is usually not subject to a security certificate. The travel agent should only adhere to the third-party account model to ensure payments.
Only when this travel agency or this agent provides the transport service from the booked partial services himself does the security certificate obligation arise for him.

Warranty and compensation claims

After returning from the trip you can Claims for damages consist. The tour operator is responsible for processing them. In this respect, it does not mean any losses if the travel agency refuses to process your objections. You should just make sure that you send your notification of defects to the tour operator within four weeks of returning from the trip. This deadline does not apply to trips booked after July 1st, 2018.

Home> Tips on Travel Law> Travel Law

presented by lawyer Grit Andersch