Originally Posted by
what next
No, no, no! Regulations and laws are made by states, not by insureres. We are talking about legality here. Cost sharing flights (observing the relevant rules) are legal in EASA member countries. How much an insurer has to pay in case of an accident has nothing to do with that.
In the event of a claim, if an insurer judges a flight to be commercial when the insured is only insured for private flights, they could challenge the "cost sharing" law (yes the law !!!) and how it is being applied - it will then be judged in court under "case law" / "common law".
Just because a state writes a law doesn't mean to say that it can't be challenged or proved to be improperly constructed - see here for EU/EASA CASE LAW / COMMON LAW application and challanges -
https://eur-lex.europa.eu/collection...-case-law.html
For example, in my view, Wingly employes pilots - if pilots don't fly for them wingly doesn't make a profit or have business. For example, Wingly sells gift certificates to people who then give them on to a third party who, in turn, contact Private Pilots who offer to fly them anywhere they want to go at the time they wish to depart - one way, return, IFR/VFR, overnight, international ..... and that's not commercial ??