Press release concerning the insolvency of Helmut Gallist GmbH
Oberammergau, November 2021: Helmut Gallist GmbH based in Oberammergau had been known as ticket agent and provider of tour packages for the Oberammergau Passion Play for many decades. By order of the Weilheilm Local Court dated 29 October 2021, insolvency proceedings have been opened against the assets of Helmut Gallist GmbH. Numerous creditors, including Passionsspiele Oberammergau Vertriebs GmbH & Co KG (POV), must fear for their claims now.
Prior to its insolvency, Helmut Gallist GmbH had purchased tickets for the Passion Play from POV in order to resell them, usually in the form of service packages consisting of tickets and accommodation. The customers of Helmut Gallist GmbH were both purchasers of tour packages and commercial tour operators.
Numerous affected customers of and tour operators cooperating with Helmut Gallist GmbH have contacted POV for weeks now and asked about the whereabouts of their payments.
In the wake of this, POV became aware of various incidents that are likely to be relevant for all affected customers:
Apparently, Helmut Gallist GmbH had not acted as a service provider or tour operator on its own responsibility vis-à-vis many of its travel customers, but as an alleged “intermediary” or “agent” of POV. POV, however, had not granted Helmut Gallist GmbH any power of representation for this purpose.
It has also turned out that in many cases Helmut Gallist GmbH had apparently accepted substantial advance payments for tour packages without providing the legally required insolvency protection in the form of a coverage certificate.
It must therefore be feared that the advance payments of numerous, if not of all, purchasers of tour packages of Helmut Gallist GmbH are not covered. These customers, just as POV itself, would then only be able to file their claims as debtors of the assets in insolvency in the insolvency proceedings.
In any case, affected customers are advised to contact the insolvency administrator of Helmut Gallist GmbH to file their claims:
Michael George, attorney-at-law
Lecon Rechtsanwälte
Hans-Urmiller-Ring 11, 82515 Wolfratshausen, Germany
Phone: +49 8171 38730100
Fax: +49 8771 38730-222
E Mail: mail@lecon.eu
Insofar as purchasers of tour packages of Helmut Gallist GmbH had to make advance payments without corresponding coverage certificates being issued, this would constitute an administrative offence punishable by a fine pursuant to Section 147b of the German Industrial Code (Gewerbeordnung – GewO). These customers are advised to file a corresponding complaint with the Trade Licensing Office (Gewerbeamt) of Garmisch-Partenkirchen and to have a lawyer check whether Christian Gallist, as managing director of Helmut Gallist GmbH, can be held personally liable under civil law in this respect.
Finally, it is recommended to have a lawyer check whether criminal charges of fraud should be brought against Christian Gallist as the managing director of Helmut Gallist GmbH.