Berlin The legal service Myright has after the insolvency of tour operators Thomas Cook a new business model: He wants to achieve a complete reimbursement for the payments already made for all-inclusive vacationers. For this, the legal tech company is focusing on a state liability.
Myright announced on Thursday that it had sent a letter to Chancellor Angela Merkel (CDU) and the Federal Ministry of Justice by Christine Lambrecht (SPD). In it, the company demands that the federal government declare "within 14 days" to fully assume the financial loss for all Thomas Cook victims. Myright announced that it would otherwise enforce consumer rights.
The German Thomas Cook, which includes Neckermann Reisen, Öger Tours and Bucher Reisen, was also in trouble with the bankruptcy of the British mother. The German Thomas Cook had filed for bankruptcy on 25 September. In this country, Zurich Insurance is responsible for this damage, but only up to the current liability limit of 110 million euros per fiscal year, which provides for the Civil Code.
By own information were Zurich already reported damages of 250 million euros. According to projections by the Association of Independent Self-employed Travel Agencies (VUSR), a full replacement in favor of damaged travelers would require between € 300 and € 400 million. It is already becoming clear that consumers will only get back part of their money.
Myright now refers to the EU Package Travel Law, which has been in force since 1 July 2018. Here is regulated, "that the full travel price must be refunded". With regard to the liability limit for insurers in Germany, the Legal Tech company says: "The transposition into national law is therefore insufficient and the German legislator is responsible for ensuring that Thomas Cook customers not only on their vacation, but also on a large part of their money must be waived. "According to the principles of the European public liability law, damaged customers could reclaim their money from the German state.
Possible lawsuit before the district court Berlin
Whether such a state liability because of the liability limit actually exists, should be legally controversial. The legal services provider emphasized that in the UK consumers would receive 100 percent reimbursement after the Thomas Cook bankruptcy.
Myright seeks to sue the Bund at the Landgericht Berlin if he does not give in and make a payment commitment. Consumers can then join this suit. In the end, the case could be referred to the European Court of Justice (ECJ) for clarification.
The legal service provider cooperates with Remo Klinger for the project. "He is one of the most feared lawyers in Germany, since he has fought for the German environmental aid diesel diesel bans," it said in a statement by Myright. Together they want to enforce the full compensation of affected package tourists. Myright receives a success commission in processes. So far, Myright is mainly known by the diesel scandal. Around 30,000 diesel customers have assigned their claims to the legal service provider.
More: For legal techs hiding in the new collection rights problematic clauses. The opposition speaks of a "false regulation through the back door".
(t) Tobacco (t) Insolvency (t) Compensation (t) Tourism (t) Consumer and Consumer Protection (t) Legal area (s) Bankruptcy (t) financialright (t) Zurich Insurance (t) German Environmental Aid (t) Zurich (t) Federal Ministry of Justice (t) Öger Tours (t) European Court of Justice (t) Tour Operators & Tourism