Instead of the Embraer 190 from German Airways, the passengers of the charter company Green Airlines are to be flown to holiday destinations in the almost 30-year-old Boeing 737-300 of the Bulgarian airline ALK Airlines.
The hot water targets from Paderborn and Rostock-Laage are affected. German Airways is apparently not available as an operator for these flights. The charter flights to Sylt and from Groningen should not be affected by this. German Airways did not want to comment on the process upon request.
According to the media statement from Green Airlines, the use of the Boeing 737-300 should only be a temporary solution up to and including July 8, 2021. Then Airbus A319 from the Romanian company Just Us Air will be used. The German charter client presents it in a broadcast in such a way that it would be an increase in capacity. The flight times should not change. Since Green Airlines sells itself as particularly green, the question arises to what extent the almost 30-year-old Boeing 737-Classic, which is considered to be thirsty for fuel, should be environmentally friendly.
Just US Air: AOC and operating license are suspended
The Romanian Just Us Air was suspended on March 1, 2021 AOC and operating license by the Romanian Aviation Authority. Specifically, this means that as of June 30, 2021, this company is not authorized to operate commercial passenger flights. However, there is a possibility that Just Us Air will regain the certificates. For this purpose, an application to the civil aviation authority is necessary, which then makes the decision after an appropriate examination.
The complete document from the Romanian Aviation Authority, from which the above extract was taken, is available for download under this link.
Significant change in the contract: Passengers can withdraw from the contract free of charge
According to EU-VO 261/2004, passengers have the right not to agree to this significant change in the contract when they change their operating carrier and can withdraw from the contract free of charge. The ticket price already paid must be paid back within eight days. A significant change can occur if the flight numbers and the operating airline change. Example: Flights with a German airline have been sold, but a unilateral contract change to a foreign company with a change of flight number is carried out.
Green Airlines pretends to be an airline on the homepage and presents a "fleet", but it is only a GmbH that chartered and markets the seats on its own account. You have neither AOC nor an operating license from a European aviation authority. Therefore the company is not an airline.
EU passenger rights can only be asserted against real airlines
If you book tickets with so-called “virtual airlines”, in the case of delays and cancellations, the demand for compensation according to EU Regulation 261/2004 is particularly difficult. Due to a ruling by the European Court of Justice, the directive is not applicable against the client (“virtual airline”), so that the operating carrier is liable. Thus, with “virtual constructions” the liability risk lies with the operating carrier. Furthermore, in contrast to tour operators, “virtual airlines” do not have to have customer money protection unless so-called connected travel services and / or package tours are offered.
Airlines with a valid AOC and a valid operating license do not have to have any customer money protection for pure flight tickets either. This only needs to be available for connected travel services.
According to the announcement in the commercial register, Green Airlines recently changed its legal form. You are no longer a limited liability company, but a GmbH with a share capital of 25.000 euros. According to German law, this is the minimum amount that must be registered as share capital for the establishment of a limited liability company.