"Extraordinary circumstances" is the main reason airlines use to reject compensation claims. But what actually qualifies? This guide explains when this excuse is valid - and when it's not.
What Are Extraordinary Circumstances?
Under EU Regulation 261/2004, airlines don't have to pay compensation if the disruption was caused by "extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken."
The regulation itself doesn't define exactly what qualifies. Instead, it gives some examples and European Court of Justice rulings have clarified the boundaries over time.
✅ Valid Extraordinary Circumstances
These situations generally DO exempt airlines from paying compensation:
Severe Weather
Weather conditions that make it unsafe or impossible to operate the flight:
- Hurricanes and severe storms
- Heavy snow or ice storms
- Volcanic ash clouds
- Dense fog preventing takeoff/landing
- Extreme winds exceeding safe limits
Important: Minor weather issues that could have been anticipated or managed with reasonable planning may not qualify.
Air Traffic Control (ATC) Restrictions
When ATC decisions cause delays:
- Airspace closures
- ATC staff shortages or strikes
- Flow control restrictions
- Runway closures by airport authorities
Security Threats
Genuine security issues including:
- Bomb threats
- Terrorist activity
- Security breaches at airports
- Unattended baggage causing evacuation
Political Instability
Situations outside airline control:
- War or conflict in destination country
- Civil unrest affecting airport access
- Government-imposed travel bans
- Sudden border closures
External Strikes
Strikes by non-airline personnel:
- Air traffic controller strikes
- Airport security staff strikes
- Ground handling company strikes (in some cases)
❌ NOT Extraordinary Circumstances
These situations do NOT excuse airlines from paying:
Technical Problems
This is the most important one. According to multiple court rulings, technical and mechanical issues are NOT extraordinary circumstances because:
- Airlines should maintain their aircraft properly
- Technical issues are inherent to running an airline
- Airlines can prevent them with proper maintenance
⚠️ Most Common False Excuse
Airlines frequently blame "technical issues" and claim extraordinary circumstances. This is almost always invalid. The European Court ruled clearly in Wallentin-Hermann v Alitalia (2008) that technical problems don't qualify.
Crew Issues
Problems with pilots or cabin crew:
- Crew calling in sick
- Crew exceeding working hours
- Crew not arriving on time
- Crew shortages due to poor planning
These are operational issues within airline control.
Airline Staff Strikes
Following the Krüsemann v TUIfly (2018) ruling, "wildcat strikes" by the airline's own staff are NOT extraordinary circumstances. The airline has control over labour relations with its own employees.
Operational Issues
- Aircraft arriving late from previous flight
- Overbooking
- Fuel shortages (airline's responsibility)
- Computer system failures
- Scheduling conflicts
Most Bird Strikes
This one is nuanced. While a bird strike might seem beyond airline control:
- Airports have bird deterrent programs
- Airlines know bird strike risks exist
- Damage can be inspected and repaired
Courts have ruled both ways on bird strikes, often depending on the specific circumstances and damage caused.
How to Challenge a False Rejection
If an airline rejects your claim citing extraordinary circumstances:
- Ask for specifics: Request detailed written explanation of what the extraordinary circumstances were
- Research the real cause: Check news reports, flight tracking sites, and airport announcements from that day
- Look for patterns: If multiple flights were affected, was it really extraordinary or an operational issue?
- Send a follow-up letter: Challenge the rejection with evidence and cite relevant court cases
- Escalate: Contact national enforcement bodies or consider Alternative Dispute Resolution (ADR)
Evidence to Gather
To challenge an extraordinary circumstances claim, collect:
- Weather reports for the departure and arrival airports
- News articles about the disruption
- NOTAM (Notice to Airmen) reports
- Screenshots from flight tracking websites
- Social media posts from other affected passengers
- Any written communication from the airline
Key Court Cases
Wallentin-Hermann v Alitalia (2008)
Technical problems discovered during maintenance or arising from poor maintenance are NOT extraordinary circumstances. Airlines are expected to maintain their aircraft.
van der Lans v KLM (2015)
Only hidden manufacturing defects affecting flight safety that couldn't have been discovered during normal checks may qualify as extraordinary. Normal wear-and-tear issues don't qualify.
Krüsemann v TUIfly (2018)
Wildcat strikes by airline's own staff are NOT extraordinary circumstances. Airlines have control over their labour relations.
Pešková v Travel Service (2017)
A bird strike may be extraordinary, but the airline must still prove it took all reasonable measures and the delay couldn't have been reduced.
The "All Reasonable Measures" Test
Even if an extraordinary circumstance exists, airlines must prove they took "all reasonable measures" to avoid or minimise the delay. This includes:
- Having replacement aircraft available
- Rebooking passengers on other flights
- Using other airlines if necessary
- Minimising the delay duration
If an airline could have reduced the delay but didn't, you may still be entitled to compensation.
Conclusion
Don't automatically accept an airline's claim of "extraordinary circumstances." Many rejections use this excuse incorrectly, knowing that most passengers won't challenge it.
Technical problems, crew issues, and airline staff strikes are NOT extraordinary circumstances. If your claim was rejected for these reasons, push back.
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