What applies to the current trip, how the return process works, and who is responsible for the deposit and additional costs.
The insolvency of your campervan rental company can hit you in the middle of your holiday or shortly after returning the vehicle. Are you allowed to continue your trip? Where do you leave the vehicle? And who will refund your deposit and any additional costs? Rogert & Ulbrich clarifies the legal situation at every stage and protects your claims against the administrator, payment service provider, and booking platform.
Three points in time, three different legal situations
For the legal assessment, it is crucial where you stand in your tenancy agreement when the insolvency becomes known. The three situations lead to significantly different claims and require different actions.
- Before pickupThe service is cancelled, but you have already paid. The focus is on chargebacks, claims on the portal, and any applicable insurance certificate. This scenario is the most common and also the most financially challenging.
- During the ongoing journeyYou have possession of the vehicle, and the service is currently being provided. This concerns the continuation of the journey, insurance coverage, the return of the vehicle, and who your contact person is.
- After the returnThe trip is over, but the deposit, final bill, and any claims for damages remain outstanding. Now the focus is on refunds and defending against unjustified demands.
In all three cases, insolvency does not automatically terminate the lease. The proceedings initially only change who acts on behalf of the landlord and how their obligations are fulfilled.
Therefore, first assign your situation to one of these three points in time. Only then is it worthwhile to ask about the specific claim.
The journey continues: Continuing the journey, insurance and a new contact person
If you are already en route when the insolvency is announced, you can usually complete the journey in practice. In several Industry procedures Customers with ongoing rental agreements were explicitly informed that they could continue their rental and then return the vehicle as usual. Legally, your rental agreement remains in effect, and you, as the renter, have a right to possession.
However, one crucial question cannot be postponed: Is motor vehicle liability insurance still in effect? Rental vehicles are insured through the rental company. If this contract is terminated during the proceedings or no longer honored, the coverage may lapse after the extended liability period. Anyone who uses the vehicle on public roads after this point is liable to prosecution under Section 6 of the Compulsory Insurance Act (PflVG) and is personally liable in the event of an accident.
These are the points you should clarify immediately:
- Insurance statusInquire in writing with your insurer, stating your vehicle's license plate number, about the expiration date of your liability coverage. Do not rely on verbal assurances.
- contact personOnce a temporary administrator has been appointed, the relevant contact is that administrator or the office they designate, not the usual service number. Note their name and contact information.
- Breakdown and protection letterCheck whether your mobility guarantee still applies. If it no longer applies, you will have to pay upfront costs yourself in the event of a breakdown.
- Return locationGet written confirmation of where and when the return will take place. Stations are sometimes closed at short notice during the process.
Do not continue using the vehicle until the liability coverage is clarified. In a worst-case scenario, the risk falls on you personally, not on the insolvency estate.
The return: protocol, condition and evidence preservation
The return process is the crucial moment to protect yourself against future claims. During the return process, staffing is often reduced, stations are understaffed or closed, and records are carelessly kept. This is precisely what later leads to disputes about damages, cleaning, and fuel levels.
Therefore, proceed in a structured manner:
- Request a protocolHave a return protocol drawn up and countersigned. If none is drawn up, draw one up yourself and have it signed by the person receiving the item.
- Document the conditionTake photos of the vehicle's exterior and interior from all sides, including the mileage, fuel gauge, and accessories. Make sure the date is clearly visible in the photos.
- No waiver clausesDo not sign any protocol that acknowledges demands or waives your own claims. Cross out such passages and note this.
- Handover to whomNote to whom you handed the item over and in what capacity. If the station is closed, contact the manager before returning it.
- Keys and papersDocument that the keys, vehicle registration document and accessories have been fully handed over.
Do not hand over the vehicle without documentation and do not leave it unattended at a closed station before the procedure has been agreed upon with the manager.
Deposit, excess and damage claims
The security deposit is the point at which those affected immediately feel the difference between a contract and insolvency proceedings. Their right to repayment exists, but it is directed against an insolvent company. Depending on when and how the security deposit was paid, different options are available.
- Deposit paid as paymentThe claim for repayment is regularly an insolvency claim under Section 38 of the German Insolvency Code (InsO) and therefore dependent on the distribution quota. It must be registered in the schedule of claims, and at the same time, the payment method must be checked for a chargeback.
- Deposit only pre-authorized by cardIf the amount was only reserved and never debited, the reservation will expire automatically after a certain period. Please check your statement and request release if necessary.
- Claim of damage after returnIf the property manager claims damages, the normal rules of evidence apply. They must prove that the damage occurred during your tenancy. Your return documentation serves as crucial counter-evidence.
- On BillIf you are entitled to a refund and a claim is simultaneously asserted against you, the possibility of offsetting the claim must be examined. In insolvency proceedings, the special rules of Sections 94 et seq. of the German Insolvency Code (InsO) apply and should be reviewed before making any declaration.
Do not pay any amounts demanded retroactively without having the legitimacy verified. We have information on our experiences with refund and billing disputes on our website. Lease and rental car return compiled.
Cancelled or interrupted trip: Additional costs of an alternative solution
If the vehicle is not handed over to you or you have to cut your trip short, you will incur costs in addition to the rental price paid. A last-minute replacement booking during peak season is usually more expensive, and there are also cancellation fees for parking spaces, ferries, or connecting services.
Legally, a distinction must be made between two positions. The claim for a refund of the rent is a claim for reimbursement. The additional costs of an alternative solution, on the other hand, constitute a claim for damages, which presupposes a breach of contract. Both are directed against the insolvent landlord and are therefore initially dependent on the distribution of the debt.
In order for the claim to remain quantifiable, documentation is crucial:
- Demonstrate necessity: Note that a replacement booking was necessary, for example because ferries, pitches or holiday periods were unavailable.
- Show appropriatenessDocument that you chose a comparable solution, not the most expensive one. Two to three quotes are usually sufficient proof.
- Collect evidence: Invoices for the replacement booking, cancellation receipts, proof of additional travel or accommodation costs.
- Check package holidayIf the trip was a package tour, insolvency protection applies according to § 651r of the German Civil Code (BGB). In this case, the insurer will reimburse the travel price to the extent that services are cancelled and will cover the necessary return transport. This is clearly the more economically advantageous option.
First, check whether your booking was a package holiday, as this fundamentally changes the situation. We've explained the basics of repatriation after a provider's insolvency in our article. Camping provider insolvent compiled.
Secure deadlines and utilize solvent third parties.
All contractual claims against the landlord are dependent on the quota. Registration in the insolvency schedule Pursuant to Section 174 of the German Insolvency Code (InsO), this remains necessary, but rarely leads to a significant repayment. Therefore, claims against parties outside the insolvency estate are economically crucial, and these are subject to their own deadlines.
- Direct debitWith SEPA direct debits, you can request a refund within eight weeks of the debit without giving a reason. This is the shortest of all relevant deadlines.
- credit cardFor complaints, the rules of the card systems apply, which for future services regularly link to the agreed service date. Please contact the card-issuing bank for the specific deadline.
- Payment serviceBuyer protection programs have their own time limits and exclusions, which result from the respective terms of use.
- Booking portalIf a portal is holding unpaid booking fees, it is the first point of contact for claims arising from these bookings. Submit your claim in writing, setting a deadline.
- InsurerIf you booked a package tour, contact the insurer named in your travel insurance certificate. They also have their own reporting and formal requirements.
Pursue these methods simultaneously, not sequentially. We address questions about the bank and payment methods in the section... banking law, general questions about the vehicle in the traffic law.
Rogert & Ulbrich – Your lawyers in case of campervan rental company insolvency
Rogert & Ulbrich represents consumers nationwide at the intersection of tenancy and travel law, banking law, and insolvency law. Attorneys Dr. Marco Rogert and Tobias Ulbrich and their team are familiar with campervan rental contracts, insolvency proceedings, and argumentation strategies in disputes concerning damages and security deposits.
We will assess your situation at the correct point in the rental agreement, clarify your insurance coverage, and oversee the return process with comprehensive documentation. We will defend against unjustified claims for damages, register your claims with the relevant authorities, and simultaneously contact payment service providers, booking portals, and any insurers. If an out-of-court settlement cannot be reached, we will also represent you in court proceedings.
Is your campervan rental company insolvent and you're on the road or waiting for your deposit? Contact us for a free consultation and let us check the outstanding deadlines.
