The security certificate is a printed piece of paper that travelers automatically receive when booking a package holiday - and then put it aside. What is he for? We answer the most important questions.
What is the security certificate?
The security certificate is proof that a provider of package travel has secured itself in the event of insolvency. The obligation to do so is regulated by law. For this purpose, it is stated in Clause 251r BGB:
"The tour operator must ensure that the traveler is reimbursed the travel price paid, as far as in the event of the tour operator's insolvency travel services fail. [...] If the contract also includes the carriage of the traveler, the tour operator has the agreed return transport and the accommodation until at the time of return. ""The security certificate refers exclusively to the insolvency of package tour operators," says Robert Bartel, Legal Officer of the Consumer Center Brandenburg, "so only if a company filed for bankruptcy."
What does he bring customers in the case of the Thomas Cook bankruptcy?
The German Thomas Cook subsidiaries such as Neckermann, Öger Tours and Bucher Reisen have not yet filed for bankruptcy. Customers are currently in limbo: Travel is canceled due to the bankruptcy of the British parent company, but the insured event, which is documented with the security certificate, still does not apply.
more on the subject
How to use the bill What do travelers have to do now?
The collateral note includes the name of the passenger and the name and address of the insurer to which the consumer concerned can usually turn. In the case of Thomas Cook, this is Swiss Versicherung Zurich, which is represented by Kaera from Uberursel.
The security certificate also provides information about the limitation of the liability sum. Kaera writes here on his website that insured down payments and residual travel payments of all customers up to a total of 110 million euros. "If this sum is not sufficient," reduced the individual reimbursement claims in the ratio in which their total amount is the maximum amount. " Conclusion: "In this case, you will receive a pro-rated refund."
This is exactly the scenario that consumer advocates fear in the case of Thomas Cook. "It's quite possible that travelers have to pay - and not get reimbursed part of their costs," says Felix Methmann, legal adviser for mobility and travel at the Association of Consumer Organizations.
I can not find my security certificate anymore - what now?
"Do not panic," advises consumer advocate Bartel, and ask directly from the organizer. As a rule, there is a bankruptcy insurance.
Can travelers also use the security certificate in other cases, for example in the case of fraud?
No. It is according to Robert Bartel insurance against bankruptcy. In 2012, the European Court of Justice (ECJ) had decided on a tour operator who never intended to make travel arrangements. But the company had finally gone bankrupt, so it was not primarily a case of fraud, but a case of bankruptcy.
At that time, however, the court strengthened the rights of holidaymakers by deciding that insolvency insurance was independent of the causes of insolvency.
Since when do providers of package holidays have to issue a security note?
The Europe-wide obligation to insure against insolvency has existed since the 1990s. At that time, the European Union reorganized the legislation of the Member States on package holidays because they were very different from each other.
The 1990 protection was extended last year, with the implementation of the EU Package Travel Directive . Since 1 July 2018 a travel right applies in Germany, which redefined the package holidays or introduced a new category of travel booking.
Since then online bookings on portals are better secured - thanks to the so-called connected travel service. Something has been booked, who buys at a travel agency or portal within a day, at least two services for the same trip, but there are different invoices. The single service - for example, a flight or a hotel night - must account for at least 25 percent of the total price.
What you should pay attention to when booking your holiday here:
