When it comes to flight compensation, the chances of success for passengers who enforce their claims in court are very good - especially if they have an experienced legal service provider like Captain Frank at their side. But why is that? In this article, we take a look at the reasons why Captain Frank wins almost every claim against airlines and the factors that contribute to airlines often losing out in court.
The amount in dispute for flight compensation is often in the region of EUR 400, which does not seem like a lot of money at first glance. However, the associated cost structure is a considerable disadvantage for the airlines. The court costs for filing a claim are EUR 114 and the legal fees amount to around EUR 76 to 142 per party, depending on the case. This means that there is little financial incentive for the airlines' legal representatives to make extensive efforts to defend themselves against the claim. In many cases, it is simply not economically viable for the airline to go to the effort required to defend a claim - especially as the chances of success on their side are low.
Before Captain Frank files a claim, a thorough risk assessment is carried out. Only clear-cut cases where the chances of success are clearly in the passenger's favour are brought to court. This careful selection ensures that most lawsuits have a solid foundation from the outset. Airlines represented by law firms are then often confronted with a large number of such claims, which leads to considerable processing bottlenecks. The airlines' law firms are often unable to respond in a timely manner or do not receive the necessary information from the airlines in good time. As a result, many claims are simply recognised or paid after the claim has been filed, including the legal costs incurred.
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In the few cases in which the airlines attempt to defend themselves against the lawsuits, they often resort to arguments such as ‘exceptional circumstances’. These arguments are set out in page-long pleadings, but in practice prove to be less than successful. Most of these arguments can be easily refuted and the courts usually rule in favour of the passengers or their legal service providers. This is because the legal basis for compensation claims is clearly defined in EU Regulation 261/2004 and the courts adhere to these guidelines. For Captain Frank, this means that with the right preparation and experience, these defence strategies can be easily overridden, almost guaranteeing success in court.
The combination of low amounts in dispute, careful case selection and weak airline defence strategies means that legal service providers like Captain Frank win almost every flight compensation claim. For passengers, this means that with Captain Frank they have a strong partner at their side who will effectively enforce their claims and ensure that they receive the compensation they are entitled to.
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