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Questions and answers on the preliminary insolvency proceedings of Germania Fluggesellschaft mbH

What does the order regarding the preliminary insolvency administration of Germania mean?

The competent insolvency court in Charlottenburg issued an order regarding the preliminary insolvency administration of the assets of Germania Fluggesellschaft mbH, Germania Technik Brandenburg GmbH and Germania Flugdienste GmbH in its decision dated 5 February 2019 and appointed Rüdiger Wienberg, a lawyer from the law firm hww hermann wienberg wilhelm as the preliminary insolvency administrator.

Will Germania continue with its flight operations?

The flight operations of Germania Fluggesellschaft mbH (IATA Code ST) have been suspended since 5 February 2019. The Swiss company Germania Flug AG (IATA Code GM) and the company Bulgarian Eagle EOOD (ICAO Code BEG) are still operating flights.

Can flights still be booked with Germania?

Since 5 February 2019, it has no longer been possible to book flights operated by Germa-nia Fluggesellschaft under the IATA code ST.

What about flights that have already been booked?

The flight operations of Germania Fluggesellschaft mbH are currently suspended. Based on current forecasts, there will be no flights in February 2019 in particular.

The preliminary insolvency administrator is, however, currently seeking a restructuring solution and is negotiating a takeover with potential investors. It is therefore conceivable that flight operations may be resumed, either in full or in part, at a later date and that flights that have already been booked may be operated.

The question as to whether or not and, above all, based on what conditions flights can be operated as part of a possible investor solution, i.e. whether Germania customers will have to pay for corresponding flights in full or in part, is still completely unresolved at present. This will depend on the investor concept in question. Customer claims vis-à-vis Germania are not transferred automatically in cases involving an investor solution.

Further details will only be clarified later on in the restructuring process. Please watch this space for further information.

Am I entitled to alternative transportation for the Germania flight I have booked?

That depends on whether the flights were booked as part of a package holiday or directly with Germania:

Passengers who booked their flight as part of a package holiday can contact their tour operator to organise alternative transport. Consumer protection law provides for insurance to compensate travellers on package holidays when their airline is no longer available.

Passengers who booked their tickets directly with Germania are not entitled to alternative transport under the applicable law. They are creditors of the company and have the option of entering any claims against Germania Fluggesellschaft mbH in the insolvency table after the insolvency proceedings have been opened. You will receive separate information from the insolvency administrator in this regard.

I have submitted a refund request that has not yet been processed - will I still get my money back?

No, unfortunately not, as insolvency law only allows payments to be made against claims that arose before the application was filed as part of the satisfaction of creditors on a pro rata basis at the end of the insolvency proceedings. The principle underlying this is that all creditors must be treated equally under insolvency law. Individuals affected have the option of registering their claim in the insolvency table. You will receive separate information from the insolvency administrator in this regard.

I have a Germania flight voucher - is it still valid and if so, until when?

The use of vouchers that have not yet been redeemed is ruled out for insolvency law reasons, meaning that vouchers can no longer be redeemed. Individuals affected have the option of registering their claim in the insolvency table.

Will I be refunded for airline tickets that have already been purchased, paid for and issued?

All flight tickets issued by Germania Fluggesellschaft mbH on Germania ticket stock (246) are non-refundable. A refund is ruled out for insolvency law reasons. Individuals affected have the option of registering their claim in the insolvency table after the insolvency proceedings have been opened.

Will my claims for compensation and damages due to flight cancellations or delays still be settled?

Compensation for flight cancellations or delays cannot be paid either. This is ruled out under law. Affected passengers can register their compensation claim in the insolvency table after the insolvency have been opened.

I paid for my ticket using my credit card. Can I get a refund from my credit card company?

Whether or not this is possible depends on the terms and conditions of use that apply to your credit card in the relationship between you and your credit card provider. Please contact your credit card provider.

My credit card provider is asking for proof that I have a refund entitlement against Germania that will not be fulfilled. Where can I get this sort of proof?

Unfortunately, no legally binding information of this nature can be provided at the moment.

To begin with, claims against the insolvent Germania Fluggesellschaft mbH can only be registered once the insolvency proceedings have been opened (probably in April; you will receive corresponding notification from the insolvency administrator). After the claim has been registered, each individual claim has to be checked to determine whether or not it is justified – a process that takes months for proceedings on this scale.

The second question is whether you will actually receive a payment on your claim. This can only be determined at the very end of the insolvency proceedings, once the claims of all creditors have been offset against the assets involved in the insolvency proceedings in a final statement of account. As a rule, individuals with a justified claim will then receive a pro rata payment at the most, i.e. corresponding, in all probability, to a small percentage of their claim.

For the time being, we can only point out that the insolvent Germania Fluggesellschaft mbH cannot currently/is currently not permitted to make any payments to creditors. In order to ensure the equal treatment of creditors, payments of this nature are not permitted under insolvency law.

My credit card provider requires proof that the Germania flight I have booked will not be operated. Where can I get this sort of proof?

Based on the current forecast, Germania flights cannot be operated in February.

The preliminary insolvency administrator is, however, currently seeking a restructuring solution and is negotiating a takeover with potential investors. It is therefore conceivable that flight operations may be resumed, either in full or in part, at a later date and that flights that have already been booked may be operated.

The question as to whether or not and, above all, based on what conditions flights can be operated as part of a possible investor solution, i.e. whether Germania customers will have to pay for corresponding flights in full or in part, is still completely unresolved at present. This will depend on the investor concept in question. Customer claims vis-à-vis Germania are not transferred automatically in cases involving an investor solution.

Further details will only be clarified later on in the restructuring process. Please watch this space for further information.

I would like to register my claim in the insolvency table. What do I need to do?

Nothing to begin with. Claims can only be registered once the insolvency proceedings have been opened, i.e. probably from April 2019 onwards. The insolvency administrator will provide you with separate information on this and on the exact procedure for registering your claim.

How much will my pro rata payment be?

It is not yet possible to say for sure whether a pro rata payment will be made and, if so, in what amount. This depends on a number of factors, e.g. the total amount of the insol-vency claims filed (by all creditors) and established, the amount of the insolvency assets generated (liquidity available for distribution). Questions about the prospects of a pro rata payment will not be answered individually. The insolvency administrator will provide you with information in this regard at regular intervals.

When will I get my pro rata payment?

You can expect to receive any pro rata payment at the end of the insolvency proceedings at the earliest. It is not yet possible to estimate how long the insolvency proceedings will last. Given the complexity of the asset realisation process, however, the proceedings can be expected to last for a prolonged period.

I booked a package holiday that included a Germania flight. Will I be automatically rebooked to another airline?

Air travel as part of a package holiday is covered in the event of insolvency. Please contact your tour operator directly to arrange alternative transport.

I work for a physical travel agency, a consolidator or an online travel agency. What do I need to bear in mind?

All flight tickets issued by Germania Fluggesellschaft mbH on Germania ticket stock (246) are non-refundable. A refund is ruled out for insolvency law reasons. Individuals affected have the option of registering their claim in the insolvency table (see above).

Does my Germania agency agreement remain valid?

Yes, the Germania agency agreement will remain valid.

I have a Germania agency agreement and have not yet received any commission payment for the month of November and/or December 2018. When and how will I receive these payments?

Outstanding receivables from commission claims cannot be paid out for insolvency law reasons. Individuals affected have the option of registering these claim in the insolvency table (see above).

Who can I contact if I have further questions?

Service Center
Germania Fluggesellschaft mbH

Phone: + 49 30 610 818 000*
Online:     To the webform

* Standard rate from a German landline. Mobile phone prices may vary. For international calls the relevant international rate applies.

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