What tenants, buyers and holidaymakers can do legally after the insolvency of a motorhome provider.
The campervan is booked, the full price has been paid, and then the provider files for bankruptcy. Whether you get your money back depends primarily on how you booked and paid. Those who act quickly can often avoid the insolvency quota. Rogert & Ulbrich will review your claims and enforce them.
Wave of bankruptcies in the camping industry: Why so many holidaymakers are currently affected
The camping and motorhome industry has been undergoing a severe transformation for several years. During the pandemic, demand skyrocketed. Rental companies and dealers massively expanded their fleets and inventories, often using external financing. Afterwards, demand collapsed, booking lead times shortened, cancellations increased, and rising fuel and financing costs further strained profitability. The result is a liquidity crisis that many providers could no longer overcome.
It's not just small rental agencies that are affected. Most recently, the campervan rental company Vanever, owned by FreeVenture GmbH, ceased operations after filing for insolvency. Around 430 vehicles at twelve locations in Germany and Austria were affected, and existing bookings were canceled. Several other motorhome dealers and rental companies had already been hit. In almost all cases, the same pattern repeats itself: customers had paid in full upfront.
This is precisely the core legal problem. Anyone who makes advance payments bears the insolvency risk of their contractual partner. Their demand for reimbursement is initially nothing more than a monetary claim against an insolvent company. Whether this will result in a realistic payment is determined in the first few weeks after the insolvency filing.
Is your provider insolvent? Secure your claims now, as many recovery options are subject to short deadlines.
Your legal position in insolvency proceedings: simple claim or segregation
After an insolvency petition is filed, the court initially appoints a provisional insolvency administrator. Creditors can only register their claims in the insolvency schedule once the proceedings have been formally opened. This can take several months. Claims for refunds arising from cancelled bookings are generally considered simple insolvency claims under Section 38 of the German Insolvency Code (InsO) and are registered with the administrator in accordance with Section 174 of the InsO.
For you, this means that at the end of the proceedings you will only receive a quota, i.e., a fraction of your claim. In many cases, this quota is in the single-digit percentage range, and it often takes years until payment is received. Therefore, anyone who relies solely on filing a claim in the table regularly gives away the majority of their money.
You are in a significantly better position if you already own an item. If a vehicle has already been transferred to you, you have a right of segregation under Section 47 of the German Insolvency Code (InsO). The item then does not form part of the insolvency estate and must be returned. In the case of ongoing contracts that have not yet been fully performed by both parties, the administrator has a right of election under Section 103 of the German Insolvency Code (InsO): they can demand performance or refuse it. If they refuse, your only recourse is to claim damages in the schedule of claims.
First, check whether you have become the owner. This distinction determines whether you lose everything or can fully enforce your rights.
Chargeback via credit card, PayPal and booking portal: the fastest way
The most effective leverage usually lies not in insolvency proceedings, but with the payment service provider. Those who paid by credit card can initiate a chargeback. The service was not provided, which is a recognized reason for a chargeback. However, the deadlines set by card systems are short and often tied to the agreed-upon service date. Therefore, contact your card-issuing bank immediately in writing.
PayPal offers buyer protection, which is also subject to deadlines starting from the payment date. Whether it applies depends on the specific payment method and the classification of the service, which is why the claim should be carefully justified. If you paid by SEPA direct debit, you can reverse the charge within eight weeks without giving a reason, according to § 675x of the German Civil Code (BGB).
If you booked through a comparison or booking portal, the portal is your first point of contact. Portals often withhold outstanding booking fees and do not forward them to the provider after insolvency. These amounts then do not go into the insolvency estate but can be refunded directly to you. The situation is most difficult for those who booked directly and paid the provider by bank transfer.
Don't wait for the proceedings to begin. A chargeback deadline can expire every week.
Motorhome purchased or financed: These claims exist against dealers and banks
Buyers who have paid the full purchase price but never received the vehicle are particularly hard hit. As long as no transfer of ownership has taken place, the claim for a refund of the purchase price remains a simple insolvency claim. However, if the vehicle has already been delivered or if delivery has been replaced by a possession agreement, segregation of assets may be considered. The decisive factors are the purchase contract, the delivery protocol, the vehicle registration certificate Part II, and the date of the agreement.
If you financed the purchase through a bank, a second option is available. In the case of a linked contract according to § 358 of the German Civil Code (BGB), you can raise objections arising from the purchase contract against the lender according to § 359 BGB. If the loan can still be revoked because the mandatory information was incorrect, the reversal of the transaction can be handled through the bank. The bank is solvent, the retailer is not. This is the crucial economic difference.
Furthermore, check whether a down payment guarantee, escrow account, or security assignment was agreed upon. If payment demands were made with short deadlines, even though insolvency was already foreseeable, fraudulent misrepresentation under Section 263 of the German Criminal Code (StGB) may also be considered. While filing a criminal complaint does not replace civil enforcement, it can uncover evidence and support liability claims against management.
Further information on enforcing claims relating to vehicles can be found in our section. traffic law as well as financing issues in banking law.
Do not sign any settlement or waiver agreement before you know what rights you are giving up.
Package holiday or pure rental: The difference determines insolvency protection.
Many people assume their payment is legally protected. However, this only applies to package holidays. According to Section 651r of the German Civil Code (BGB), a tour operator must ensure that paid travel prices are refunded in the event of insolvency. Proof of this is provided by a travel insurance certificate, in Germany usually issued by the German Travel Security Fund (DRF). If you have received a travel insurance certificate, contact the insurer named therein directly.
Renting a motorhome alone is not a package tour, but a rental agreement. There is no travel insurance certificate, and no statutory insolvency protection. Those who have only booked the campervan are therefore in a worse legal position than customers of a traditional tour operator.
The situation may be different if at least two different travel services are booked for a single price, such as a campervan plus ferry, campsites, or a fixed itinerary. In this case, according to Section 651a of the German Civil Code (BGB), it is considered a package tour, and insolvency protection applies. Insolvency protection obligations may also exist for linked online booking procedures according to Section 651w of the German Civil Code (BGB). Therefore, carefully check your booking confirmation instead of relying on the provider's description.
Check your booking documents for a travel insurance certificate. It can determine whether you will receive a full refund.
You should now follow these steps in the correct order.
After an insolvency filing, the order matters. Those who exhaust all chargeback options first and only then prepare the insolvency claim have significantly better chances of receiving a full refund.
- Secure documents: Save and print booking confirmation, invoice, payment receipt, bank statement and all correspondence immediately as PDFs.
- Clarify payment method: Credit card, PayPal, direct debit, portal payment or direct bank transfer. Which payment method is available depends on the payment method used.
- Meet deadlines: Submit a chargeback or buyer protection claim immediately and in writing, with a clear explanation of the non-performance of the service.
- Check insurance policies: Check your travel cancellation, travel interruption and legal expenses insurance policies for relevant clauses and report any damages there.
- Register a claim: Register in the insolvency schedule within the prescribed time limit after the commencement of proceedings, even if a chargeback is running in parallel.
- Document replacement booking: Additional costs for a short-term replacement camper must be documented, as they may be part of the damage.
You should make replacement entries promptly, but keep them economically reasonable. Excessive additional costs will not be reimbursed. It is also important that you do not play parallel proceedings against each other. A successful reversal of a transaction will result in the claim being reduced accordingly in the insolvency schedule.
If payments were processed through dubious platforms or fake portals, you will find further information in our section. Online fraud.
Following the correct procedure will prevent you from losing money due to avoidable missed deadlines. Have your case reviewed before taking the first step.
Rogert & Ulbrich – Your lawyers for insolvency of camping and motorhome providers
Since 2007, Rogert & Ulbrich has represented consumers against companies that fail to meet their contractual obligations. Dr. Marco Rogert and Tobias Ulbrich, along with their team, have handled over 40,000 cases and filed more than 25,000 lawsuits, including some of Germany's largest consumer cases. For cases involving vehicle purchases, financing, advance payments, and payment service providers, we draw on our expertise in banking law, traffic law, and insolvency proceedings.
We review your contract, payment method, and insurance coverage, initiate chargeback and buyer protection proceedings, register your claim with the insolvency administrator within the prescribed time limit, and enforce claims against financing banks, booking portals, and responsible parties. Where appropriate, we combine civil enforcement with criminal proceedings. Representation is provided out of court and in court, nationwide and entirely digitally.
Is your camping provider insolvent and has your payment already been debited? Get in touch and secure your rights. You can reach our Legal team at any time via the contact form.
