How to correctly classify your motorhome booking and why this classification determines whether you receive a full refund or face insolvency proceedings.
If a campervan rental company or travel provider becomes insolvent, almost everything hinges on one question: Did you book a package holiday or just rent a campervan? With a package holiday, an insurer protects your money; with a rental only, you're left with a percentage of the costs. Rogert & Ulbrich reviews your booking documents and assesses the legal implications of your contract.
Why the classification of your booking determines whether you receive a refund or quote
The economic difference between the two types of contracts is significant and is regularly underestimated in consulting practice. Anyone who has booked a package tour can contact the tour operator's insurer in the event of the operator's insolvency. The insurer will refund the paid travel price to the extent that services are not provided and will cover the necessary costs of return transportation. The claim is made against a solvent insurance company, a credit institution, or the travel guarantee fund and is independent of the insolvency estate.
Those who have only rented a motorhome, however, have a standard claim for reimbursement against the insolvent landlord. This is a simple insolvency claim under Section 38 of the German Insolvency Code (InsO) and is therefore dependent on the distribution quota. In practice, this often means a refund in the low single-digit percentage range, frequently only after several years.
The classification is not determined by what the provider calls their offer. What matters are the services actually booked and how they are combined. A provider who refers to a trip is therefore not necessarily selling a package tour, and a package described as a rental can legally be a package tour.
Therefore, first obtain your complete booking confirmation with all attachments before registering or signing anything. The legal classification can be derived from these documents.
When a motorhome rental becomes a package holiday
A package tour, according to Section 651a of the German Civil Code (BGB), exists when a business provides at least two different types of travel services for the purpose of the same trip. Section 651a, paragraph 3 of the BGB lists which services qualify as travel services. One regulation is particularly important and little known for campers: the rental of four-wheeled motor vehicles is itself a travel service. Therefore, a motorhome is not merely an additional service, but already counts as one of the two required types.
This leads to a simple rule of thumb: If a motorhome rental includes another type of service, it can result in a package holiday. Typical scenarios:
- Motorhome and flightThe classic fly-and-drive package for Canada, the USA or New Zealand is a combination of transportation and vehicle rental, and therefore regularly a package holiday.
- Motorhome and accommodationIf a hotel stay is arranged before or after the tour, these are two different types of travel services. However, overnight stays in the rented vehicle itself do not count as separate accommodation services.
- Motorhome and tourist servicesGuided tours, activities, or entrance fees can be added as additional tourist services. However, the restriction of Section 651a Paragraph 4 of the German Civil Code (BGB) applies if these services neither constitute a significant portion of the total value nor are advertised as an essential feature, nor are they booked only after the start of the trip.
- Vehicle rental onlyIf only the motorhome is rented, including accessories, insurance package and mileage allowance, it remains a single travel service. This does not constitute a package tour.
Therefore, don't check how many items are listed on the invoice, but rather how many different types of services were booked. Five additional packages for the vehicle remain a single travel service, but a single flight booked at the same time changes the legal situation.
The insurance certificate: what it provides and how to recognize it
If a package tour is involved, the tour operator is obligated to provide insolvency protection in accordance with Section 651r of the German Civil Code (BGB). They must ensure that the traveler is reimbursed the paid travel price if travel services are cancelled due to insolvency, and that the necessary expenses for return transport are covered. This protection is provided through an insurance contract, a payment guarantee from a credit institution, or via the travel security fund.
Proof of this protection is the certificate of insurance pursuant to Section 651s of the German Civil Code (BGB). It is not a mere formality, but rather the basis of your claim against the insurer. Without it, you will not know whom to contact in the event of insolvency.
The regulation in Section 651t of the German Civil Code (BGB) is particularly important. According to this section, a tour operator may only demand or accept payments towards the tour price before the end of the trip if effective insolvency protection is in place and the traveler has been provided with the certificate of insurance and the contact details of the insurer. Therefore, anyone who has made a down payment for a package tour without ever receiving a certificate of insurance has paid for a claim that the tour operator was not entitled to make. This can give rise to independent claims, including against the individuals involved.
You can recognize the following on the insurance certificate:
- Insurer: Name and contact details of the insurer, bank or fund against which your claim for reimbursement is directed.
- Reference to booking: Assignment to your booking number, travel period and travel price.
- reachDetails of which payments and return transport costs are covered.
Look for the travel insurance certificate in all attachments to your booking confirmation, including any subsequently sent files. If it's missing despite it being a package tour, that's a valid reason to start a search and not a reason to let the matter rest.
Linked travel services: the click route according to § 651w BGB
Between package holidays and individual bookings, there is a third category that is of great importance in online sales but is rarely explained in the context of competition: linked travel arrangements as defined in Section 651w of the German Civil Code (BGB). These arise when a business arranges at least two different types of travel services for the same trip, without creating a single package.
The law covers two typical sales methods. Firstly, booking during a single contact, where you select and pay for each service separately. Secondly, targeted referrals, where, after booking a motorhome, a further travel service is specifically arranged, and the subsequent contract is concluded within 24 hours of the confirmation of the first booking. Everyone is familiar with this pattern from the confirmation page that suggests suitable flights or ferries.
The practical consequence: According to Section 651w of the German Civil Code (BGB), an intermediary for linked travel arrangements must also provide insolvency protection insofar as they accept payments, and they must inform you of your rights using a prescribed form. If they violate these obligations, the law provides for legal consequences against them. They can then be held liable to a greater extent than they intended, based on their own description as a mere intermediary.
Therefore, reconstruct the booking history, including dates and times. Screenshots, confirmation emails, and the time interval between bookings can be crucial. Our website provides information on claims arising from problematic online offers. Online fraud.
Here's what you should specifically check on your booking confirmation
In most cases, the classification can be made based on the documentation, without relying on the provider's advertising. Pay attention to the following characteristics.
The following are arguments in favor of a package holiday:
- formA standardized information sheet stating that you are entitled to all rights applicable to package holidays. This form is legally required and serves as strong evidence.
- terms: Terms such as tour operator, travel price, travel confirmation and travel period instead of landlord, rental price and rental period.
- Insurance certificate: An attached proof of insolvency protection, including the name of the insurer.
- Total price: A single price for multiple services instead of separate amounts with separate payments.
Arguments in favor of a simple rental agreement include:
- Rental agreement provisionsDeposit, mileage allowance, excess, handover protocol, return time and cleaning fee.
- Only one type of service: Only the vehicle with accessories, even if numerous packages were added.
- No insurer referenceNo mention of an insurer, bank, or fund in case of insolvency.
Please keep all documents complete and unaltered, including the original confirmation emails. You can find more articles about vehicles in our section. Automotive, We will address general questions about the vehicle in the traffic law.
Pure rent without insurance: what's left then?
If the investigation reveals that you only rented a motorhome, there will be no insurance certificate and no insurer. However, this doesn't mean that only the pro rata share remains. It means that claims against other parties involved will take precedence.
We are examining these options in this constellation:
- chargebackDepending on the payment method, options include reversing a direct debit, filing a complaint with the card-issuing bank, or submitting a buyer protection claim. The deadlines vary considerably and are independent of the insolvency proceedings.
- Booking portalIf the payment is processed via a platform, it must be clarified whether there are still funds there and whether the platform has violated its own obligations.
- financingIf the vehicle was not rented but acquired through financing, objections against the financing bank may be considered under §§ 358, 359 of the German Civil Code (BGB).
- People involvedIf advance payment was demanded even though insolvency was already established, claims against the management may be considered.
- Claim registrationRegardless of this, the claim must be registered in accordance with Section 174 of the Insolvency Code (InsO) in due time, as long as it is not clear whether another course of action is feasible.
It should also be noted that travel cancellation insurance does not usually cover the insolvency of the provider. It does not replace the insolvency protection certificate and does not close the gap in the case of a pure rental agreement.
Pursue the different avenues in parallel, not sequentially. We have outlined the recovery options following a provider's insolvency in our article. Camping provider insolvent compiled, questions about the bank will be addressed in the banking law.
Rogert & Ulbrich – Your lawyers in cases of insolvency of travel providers and campervan rental companies
Rogert & Ulbrich represents consumers nationwide at the intersection of travel law, banking law, and insolvency law. Attorneys Dr. Marco Rogert and Tobias Ulbrich and their team are familiar with the sales models of campervan and travel providers, the argumentation strategies of insurers, and the procedures of insolvency proceedings.
We will assess the legal aspects of your booking, review the insurance certificate, and submit your claim to the insurer. If it is a simple rental agreement, we will pursue claims against the economically liable parties and simultaneously ensure compliance with chargeback and registration deadlines. If an out-of-court settlement cannot be reached, we will also represent you in court proceedings.
Is your campervan rental company or travel provider insolvent and you don't know what you booked? Contact us without obligation and let us sort out your documents.
