Information about the bankruptcy of CamptooNL
Information about the bankruptcy of CamptooNL

Information about the bankruptcy of CamptooNL – January 2023

In the bankruptcy of CamptooNL B.V. (CamptooNL), the trustee has recently received many inquiries from users (renters and owners of campervan) of the online platform. Because the platform had many users, there are many users who have suffered financially due to the bankruptcy. The number of emails and questions from users reaching the trustee is significant. It is not possible for the trustee to answer the users individually. Therefore, you will find more information about the bankruptcy of CamptooNL here. We have created a question & answer overview (FAQ) of the most frequently asked questions below.

You can follow the progress of the bankruptcy through the public reports. The public reports are published on the website of the Law Office: https://insolventies.rechtspraak.nl/#!/details/09.dha.22.230.F.1306.1.22

Bankruptcy updates are posted on the website of the trustee’s office.

FAQ

1. I filed a claim against CamptooNL but have not yet received confirmation from the trustee. Has my claim been properly received?

If you have submitted your claim to CamptooNL via faillissementen@gmw.nl to the trustee, you can assume that your claim will be placed on the list of provisionally approved unsecured creditors (the ‘creditor list’). Even if you have not yet received confirmation of this.

Many creditors are involved in the bankruptcy. The number of claims submitted to the trustee is considerable. It is possible that due to this rush, you have not yet received confirmation of the placement of your claim on the list of creditors. There is no need to file your claim again, or to inquire whether your claim has been properly received. Not even if you filed your claim several months ago. This causes additional delay.

If – unexpectedly – you have not received confirmation of the placement of your claim by July 1, 2023, please email faillissementen@gmw.nl .

2. Do platform users have an unsecured claim?

There is a legal ranking for claims filed in bankruptcy. The law states that certain claims of creditors are ranked higher (preferential), than other claims. This means that creditors who have a higher ranking under the law will take precedence when making distributions. Examples of this type of creditors are the Tax Authorities and the UWV.

All claims from users of the platform (the tenants and owners) against CamptooNL are concurrent. The law does not give preference to these claims. Examples of these claims include:

  • a tenant who has paid rental fees in advance, without the booking going through;
  • a tenant who is entitled to a refund of the deposit paid;
  • an owner who has not received the rental fee paid by the tenant for the booking;
  • an owner who is entitled to a deposit paid by the tenant;
  • a lessor who is entitled to claims payments made to CamptooNL by an insurance company;
  • a tenant or an owner who has otherwise suffered damages due to the acts or omissions of CamptooNL and has a claim for damages against CamptooNL.

On an unsecured claim, a (partial) payout will only be possible if the higher-ranking creditors are fully satisfied.

3. When will I receive payment on my claim against CamptooNL?

Only when the substantive settlement of the bankruptcy is completed, the trustee can indicate with certainty whether sufficient funds have been realized in the bankruptcy estate to make a distribution to the creditors. Settlement of a bankruptcy usually takes at least a year and a half. Only after substantive settlement of the bankruptcy, if there is sufficient balance in the bankruptcy estate, it will be possible to make distributions to creditors.

When making payouts from the bankruptcy estate, the trustee is required to do so based on the order of priority given to creditors by law. This means that creditors who rank higher by law will take precedence when making distributions. Examples of these types of creditors are the Tax Office and the UWV. These are also called preferential creditors.

Given the state of the bankruptcy assets and the size of the claims of higher-ranking creditors currently known to the trustee, the trustee expects that no distribution can be made to the unsecured creditors.

It is not necessary to give the trustee a deadline for payment.

4. I did business with CamptooNL, but paid into a bank account in the name of Deelit Ventures B.V.

Deelit Ventures B.V. is the parent company of CamptooNL B.V. This company is also bankrupt. Mr. S.M. de Wit is also trustee of this company. The bank accounts of CamptooNL B.V. were part of the banking arrangement of the parent company. This explains the ascription of the bank account you paid into. You entered into an agreement with CamptooNL B.V., so you have a claim in the bankruptcy of CamptooNL B.V.

5. Why don’t users get the deposits back?

The deposits paid by tenants were deposited in a third-party account of Adyen or Buckaroo. CamptooNL did not have its own third-party funds foundation that secures or manages funds for its users. Adyen or Buckaroo, as custodians, held the funds exclusively for CamptooNL. There was no direct service relationship with the tenants or owners. The security deposits therefore did not end up in a segregated asset and, insofar as they were still present on the bankruptcy date, are part of the balance of the bankruptcy estate.

6. Cause and background of bankruptcy, investigation by trustee

It is the duty of the trustee to investigate the cause and background of the bankruptcy and the role played by the management board. If this investigation reveals any irregularities, improper performance of duties or fraudulent actions, the trustee will take the necessary measures.

7. Digital file and data of tenant / owners

CamptooNL operated an online platform. All customer files and data were kept digitally. The trustee has secured this customer data in accordance with AVG/privacy legislation. The trustee has entered into an agreement with Goboony B.V. Goboony has purchased the anonymized customer data, but can only read it after a tenant or owner has given explicit permission through the so-called opt-in process.

The receiver itself does not have the software to read the secured data. The trustee cannot provide this data to you.

8. What to do in case of damage to the campervan or caravan

Some users of the platform have taken out insurance at the time of booking to cover possible damage to the campervan. Your claim may still need to be settled or submitted. The trustee refers to the roadmap she previously posted on her office’s website: https://www.gmw.nl/en/bankruptcy-camptoo-group-damage-to-campervan-or-caravan/

The platform user should handle the claim settlement directly with the insurer. as the trustee is not involved in that.

9. Can the trustee mediate between owner and tenant regarding non-performing bookings and/or claims situations?

CamptooNL operated an online booking platform. CamptooNL was not a party to the rental agreement reached between tenants and owners. The bankruptcy of CamptooNL resulted, among other things, in bookings no longer taking place, for example because the (down) payment made by the tenant was not or could not be passed on by Camptoo to the owner.

Because CamptooNL was not a party to the rental agreement between owners and tenants, the trustee will also not take a position regarding the legal position between owners and tenants. The trustee will not perform any acts of mediation.