Press release

22/05/2012

Travel Agency Hispania Ltd. files for bankruptcy; consumers may claim compensation via electronic form

Travel Agency Hispania Ltd. was declared bankrupt on 21 May 2012. The company has placed a security with the Consumer Agency from which consumers will be reimbursed for travel packages.

Hispania has sold travel packages for trips to destinations such as the Azores Islands, Malta and Hurghada. Travel packages are those in which a two or more travel services are sold together for a combined price.

If you have purchased a travel package through a mediatory travel agent, please contact them directly. Your travel agent will be able to reimburse you for your payment, if they have not yet transferred payments to Hispania.

If you have paid your journey partly or in whole with your credit card, please contact your credit card issuer. If you claim compensation from your credit card company, you will not be able to claim compensation from the Consumer Agency security.

If you made a direct payment to Hispania or the mediatory travel agent has transferred payments to Hispania, please submit an electronic claim for compensation (in Finnish) to the Consumer Agency.

If you are unable to fill in an electronic claim form, please contact the Consumer Agency and request a paper form (tel. +358 50 421 5500).

Claims for compensation must be submitted to the Consumer Agency by 4.15 pm (EET) on 31 August 2012. Decisions on compensation shall only be processed after this time.

Which costs can you claim compensation for?

Consumers may claim compensation from the Consumer Agency for the following costs related to travel packages:

  • Return travel fare for passengers and accommodation at the destination for the remainder of their stay, if their package included accommodation.
  • Advance payments made by the consumer, as well as the missed portion of a trip, if a trip has been cut short.
  • Vouchers intended for purchase of travel packages that have been purchased.
  • If the customer has paid again for accommodation that was included in a travel package, the security will reimburse hotel accommodation according to the original agreement.
  • The cost of just a chartered flight.

Which costs can you not claim compensation for?

The security will not reimburse consumers for the following:

  • financial losses incurred due to lost work time,
  • travel insurance payments,
  • cost of vaccinations,
  • compensation for distress caused by a ruined vacation,
  • and tour packages purchased at ones travel destination.

Consumers may seek compensation for these costs from the bankruptcy estate, and claims will be processed along with claims from all other creditors when the company’s debts are inventoried.

The security will not provide compensation for trips purchased by companies nor gratuitous trip or trips paid for with vouchers provided to consumers for marketing purposes.

If the purchased trip is not a travel package (e.g. only accommodation)

If you have only purchased accommodation or another singular travel service through Hispania, the manner in which you can seek compensation will depend on the method of payment you used to purchase the service.

  • If you paid for your trip by credit card, please submit a request for refund to your credit card issuer. Customers who have paid by credit card have the right to decline paying the portion of their credit card bill that covers payment of the trip. If you have already paid the bill you have the right to receive reimbursement from the credit card issuer who has funded the payment.
  • If you have used any other payment method to pay for the trip, e.g. cash, please contact the District Court appointed administrator of the estate, who will draw up an estate inventory. Sami Uoti (Law Firm Uoti, Sotamaa & Welin Oy) is acting as administrator of the estate.

When the inventory of the estate is complete, it will be decided whether the bankruptcy will end in liquidation due to lack of assets or if it will continue. If the bankruptcy proceedings continue, a date shall be stated at which time claims can be given, consumers may then state their claim within the bankruptcy. The consumer may draw up a claim letter, in which the consumer lists their outstanding claims and justification for said claims.

A model for a claim letter is available on the website for the Bankruptcy Ombudsman (in Finnish).

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