The bankruptcy of the travel group Thomas Cook revealed a weak point in the package travel law in Germany, because the insurer's liability was limited to 100 million euros for legal reasons. Now the Bundestag decided in the night from Thursday to Friday a new customer money protection for package tours.
Germany had implemented the EU regulation inadequately because it was not expected that there would be a major insolvency that would exceed the maximum liability of 100 million euros. In the aftermath of the Thomas Cook bankruptcy, the Federal Republic of Germany compensated travelers who would otherwise have received nothing. But not entirely voluntarily, because the government only gave in after numerous lawyers had announced public liability suits.
A new travel insurance fund is being created. Tour operators have to deposit around five percent of their turnover with this by the beginning of November 2022. Depending on the market development, this percentage should be increased to up to seven percent. The fund is to be filled with 31 million euros by October 2027, 750. Until then, the state is fully liable for bankruptcy losses that would exceed the fund's content.
Smaller tour operators can continue to insure themselves otherwise. A bank guarantee or an appropriate insurance policy is sufficient for annual sales of up to ten million euros. In the case of small organizers with annual sales of up to three million euros, liability is even limited to just one million euros.