Did you buy your ticket directly from the airline?
When an airline goes bankrupt, it is generally because there is no more money left in the company and you can therefore not expect a refund on your ticket. Your rights depend on whether you bought bankruptcy insurance or not.
If you bought bankruptcy insurance
If you chose to pay for additional bankruptcy insurance when you bought your ticket, you should contact the Danish Travel Guarantee Fund for more information. Your invoice must clearly state that you paid for bankruptcy insurance.
If you have travel insurance
If you have travel insurance – as part of your contents insurance or as additional cover taken out separately – you can contact your insurance company to find out whether you are covered in case of bankruptcy.
If you are not covered by travel insurance and you bought the ticket directly from the airline, you can most likely only file a claim for damages against the insolvent estate.
Did you pay with a credit or debit card?
If you paid for your ticket with a credit or debit card, we recommend that you contact the bank that issued your card and ask them for help getting your money back. Depending on the agreement you have with the bank and/or credit card company, you may be entitled to demand that the bank withhold payment.
Please note that VISA/Dankort represents two payment cards in one. On Danish websites, you pay with Dankort (a debit card) and on foreign websites you pay with VISA (a credit card). Your bank cannot withhold payment in case of bankruptcy if you paid with Dankort. We recommend that you contact your bank if you paid with VISA/Dankort.
Other forms of payment
If you did not pay for the ticket with a credit or debit card, you should file a claim for damages to the insolvent estate. An administrator will be appointed to determine the debts and assets of the estate, and if it is found that there are more assets than debts, part of your claim may be covered. However, settlement of the estate will take a long time.
Did you buy your ticket from a Danish tour operator?
Today it is quite common to buy tickets through tour operators. If you bought your ticket this way and if the tour operator is a Danish company, you should immediately contact the tour operator in writing.
You can demand a refund on the grounds the tour operator is unable to provide the service you paid for. You can probably also demand that the tour operator find a similar ticket for you on another airline.
If it is important that you leave on a specific date, you may have to accept longer travel time due to stopovers. If the cancelled ticket was a low-price ticket, you may not necessarily have the right to demand a rebooking in a higher class or on a “better airline”.
If the tour operator rejects your claim, you can file a claim with the Danish Consumer Complaints Board.
Please note that if you only demand a refund, you will have to pay for a new ticket yourself – even if it turns out to be more expensive than the original ticket.
Did you buy your ticket from a foreign tour operator?
If your ticket was bought from a foreign tour operator, the Danish rules may not apply. However, we recommend that you do as described above – contact the tour operator in writing as quickly as possible and demand a rebooking or refund.
If the tour operator rejects your claim, you can contact the European Consumer Centre to find out more about your complaints options.
If the ticket was paid with a credit or debit card, we recommend that you contact your bank/card-issuing institution to find out whether they can help you by withholding payment. See the above section.
If you have flown out with an airline and can’t get home
If you chose to pay for additional bankruptcy insurance when you bought your ticket, you should contact the Danish Travel Guarantee Fund as they will be able to help you get home. The Danish Travel Guarantee Fund will also be able to help if you bought a package holiday.
If you bought the ticket directly from the airline without buying bankruptcy insurance, you may need the help of your own travel insurance. Otherwise you will have to make arrangements and pay for the return journey yourself. Then, when you get home, you can file a claim for damages to the insolvent estate.
If you bought the ticket from a tour operator, they are obligated to help you get home. You should therefore contact the tour operator and ask for assistance with arranging the return journey. If the tour operator refuses to help, you will have to make arrangements for the return journey yourself and then demand compensation for your reasonable expenses from the tour operator.
If the tour operator refuses to cover your additional expenses, you can file a complaint with the Danish Consumer Complaints Board if the tour operator is Danish. If the tour operator is foreign you can contact the European Consumer Centre to find out more about your complaints options.
11. maj 2012