SPIEGEL: Mr. Methmann, the British travel group Thomas Cook has filed for bankruptcy and ceased operations. According to the company, about 140,000 tourists are on holiday with German tour operators from Thomas Cook. What do these customers need to adjust to?
Methmann: On a holiday that is not really a holiday. Everything is unclear. Everyone is unsure. For the large German Thomas Cook offshoots Thomas Cook GmbH, Thomas Cook Tourism GmbH, Bucher Travel and Oeger Tours GmbH have not yet filed for bankruptcy. But there are many indications that it will happen on Wednesday.
SPIEGEL: How should I behave if my journey is imminent? Can I just give it up and reclaim my money?
Methmann: From a legal point of view, you first have to contact the travel company. If you can not get through there on the phone, you would have to go to the airport at random.
SPIEGEL: And when it says "we fly"?
Methmann: You would have to get in, otherwise your entitlement to promotion will be forfeited. But then you may belong to the stranded at the resort. My advice to you is to stay at home, get legal advice, and then assert your claims with the tour operator's insurance company. It must not be that this limbo is at the expense of the travelers.
SPIEGEL: What should vacationers do if the German Thomas Cook offshoots filed for bankruptcy and they are stuck at the resort?
Methmann: Look first in your travel insurance certificate . He is in the documents for each package there. There is the insurance in it. You should then contact them as soon as possible - because the insurance is responsible, among other things, to bring you back as soon as possible. One possibility is that you seek a return flight yourself in consultation with the insurance company and then file the costs. Or the insurance company can also charter a machine.
SPIEGEL: What part of the travel price will you get back?
Methmann: That depends on which part of the vacation is canceled. When half is already over, it returns half. Only 20 percent was used, but 80 percent are back.
SPIEGEL: Do you really have to fly home immediately? Or can you still finish his vacation?
Methmann: That depends largely on your hotelier. If your hotel has already received its money from the organizer, you can stay until the planned end - if the insurance agrees and you find a later return flight.
SPIEGEL: And if Thomas Cook has not paid the hotelier yet? According to media reports, some hotels have apparently already forced tourists to leave the hotel.
Methmann: Then you should firstly try to get an immediate return flight and secondly let the hotel know in writing that the room is not paid. If it takes a couple of days until the next possible return flight, the insurance company will have to reimburse you for the cost of your room at this hotel or another hotel of a similar category. Important: Document all processes, collect the documents.
more on the subject
SPIEGEL: Many vacation packages offer a direct flight from home to resort and back again. Do I also have the right to fly home at a similar rate in case of insolvency?
Methmann: No. You will only be reimbursed for the necessary costs for a return flight as soon as possible. You can not take the first business-class flight home; Anyway, I strongly recommend that you arrange every self-organized return flight with the insurance company. And if the insurance organizes a charter flight, you have to take that in case of doubt.
SPIEGEL: All of these insurances are capped: the amount of liability in Germany is limited to a maximum of 110 million euros. Is that enough for so many tourists?
Methmann: I have my doubts. This is about one of the three biggest organizers. Just imagine: If 140,000 vacationers are stranded and the return flight per person would cost 500 euros, then already 70 million of the 110 million euros would be gone. And then come the claims of tens of thousands or hundreds of thousands of customers who have not started their journey yet. It's quite possible that travelers will have to pay - and not be reimbursed for part of their costs.
SPIEGEL: And then?
Methmann: In my opinion, that would be a case of state liability. This means that the federal government would have to bear the remaining costs.
SPIEGEL: Why?
Methmann: The EU Package Travel Directive states that every state must ensure that client funds are effectively secured. And the upper limit dates back to the nineties. This is a catastrophe with announcement. We consumer advocates have repeatedly warned that the 110 million euros are outdated, most recently in 2016. At that time, the Justice and Consumer Protection Ministry said it would seek an opinion.
Silas Stein / dpa
German Thomas Cook subsidiaries: Logos from Öger Tours and Neckermann
SPIEGEL: And what came out?
Methmann: When I called the Ministry half a year ago , it was said that the report had not yet been prepared. And when the problems with Thomas Cook emerged, in March the parliamentary group of the Greens requested to increase the liability cap. But nothing happened. The tour operators want to keep the cost of insurance premiums low. This is a powerful lobby.
SPIEGEL: What if I do not get to work on time because of a late return?
Methmann: Strictly speaking, you are then left unencumbered work and could be warned. Call your employer, tell them what happened, and there will not be any trouble. But you have to take holidays for your days off.
SPIEGEL: The Condor airline also belongs to Thomas Cook, and things are getting tight for them as well. What happens in the case of a Condor bankruptcy with airline tickets booked by customers outside a package holiday?
Methmann: Customers have no claims. According to the current legal situation, the money is gone. We consumer associations have long been calling for bankruptcy insurance when buying a ticket, as in the case of the package holiday. Or at least, that only a down payment is due at the time of booking - and the rest then a few days before the trip. But against that, the airlines fight back with their hands and feet. And they too have a powerful lobby.
