Some airlines have alleged an event (e.g. a delay) due to ‘extraordinary circumstances’, e.g. to deny liability and shirk compensating under Regulation (EC) No 261/2004:
(14) As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.
How can passengers who have lost all trust in an airline, cost-effectively check or unmask if the alleged reasons are true? Subpoenaing the airline appears not affordable or useful, because:
a lawyer’s fees can easily overtake the compensation requested;
a judge may not grant your subpoena/witness summons;
it’d be foolhardy and foolish to file the claim against the airline without this information first. If you learned that the airline were being truthful only after filing the claim, then you’d lose and must pay legal costs (e.g. in Canada or the UK);
the airline can falsify its records without a layperson’s knowing it.
I haven’t specified a country because I hope to know this for any G7 country.
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