Extraordinary circumstances: can the airline refuse to pay compensation?
Has an airline cited extraordinary circumstances to reject your compensation claim? Not every reason is valid. Discover which situations are genuinely exceptional, which refusals may be challenged and what evidence the airline must provide.
Extraordinary circumstances may exclude financial compensation, but they do not necessarily remove your rights to assistance or rerouting.
What are extraordinary circumstances under air passenger law?
Extraordinary circumstances are events that are not inherent in the normal exercise of an airline’s activity and are beyond its effective control. They may affect a delayed flight, a cancelled flight or a missed connection.
However, the existence of an external event is not always sufficient. To be exempt from paying compensation, the airline must also demonstrate that the disruption could not have been avoided even if all reasonable measures had been taken.
Key point: a general response such as “circumstances beyond our control” is not, by itself, sufficient to establish whether the refusal is justified.
When can an airline legally refuse to pay compensation?
The airline cannot simply describe an incident as extraordinary. It must explain the precise reason, establish its connection with your flight and show what measures were taken to limit the consequences.
An external event
The event must not be inherent in the airline’s normal operations.
An event beyond its control
The airline must show that it could not reasonably control the situation.
A direct connection with your flight
The stated cause must have genuinely caused the delay or cancellation concerned.
Reasonable measures
The carrier must show what it did to avoid or reduce the disruption.
The airline may be required to provide extracts from flight logs, operational records or incident reports supporting the reason it has given.
Which events may be considered extraordinary circumstances?
Some events are genuinely beyond the airline’s control. However, their classification still depends on the circumstances, their actual impact on the flight and the reasonable measures that could have been taken.
Dangerous weather conditions
Storms, strong winds, heavy snow or poor visibility that make the flight incompatible with safety requirements.
Air traffic management
Airspace closures or restrictions imposed by air traffic control authorities.
Security risks
A serious alert, security incident or airport closure for safety or security reasons.
Political instability
A political event or external crisis preventing the journey from being operated normally and safely.
Bird strike
A sudden external impact may require safety inspections and affect the aircraft’s subsequent rotation.
Runway or airport closure
An external decision may temporarily prevent an aircraft from taking off or landing.
Which reasons are not automatically extraordinary?
An unusual problem is not necessarily an extraordinary circumstance. Some events are part of the airline’s normal activity, maintenance or organisation and may therefore preserve your right to compensation.
Reasons that can often be challenged
- A routine technical fault
- Insufficient maintenance or normal wear and tear
- A previous flight arriving late
- Poor fleet organisation
- A shortage of staff or crew
- An operational reason that has not been properly explained
Points that should be checked
- The exact cause communicated by the airline
- The time and location of the event
- Its actual impact on the aircraft concerned
- Whether another aircraft could have been used
- The measures taken to limit the delay
- The evidence provided with the airline’s response
Technical faults and strikes: is compensation excluded?
Technical fault
Most technical problems discovered during normal maintenance or caused by inadequate maintenance are not automatically considered extraordinary circumstances.
A failure caused by a genuinely external, sudden event that is not inherent in the airline’s normal activity may require a different assessment.
Strike
An external strike, such as an air traffic control strike, may be extraordinary depending on its impact on the flight.
A strike involving the airline’s own staff does not automatically exclude compensation and must be assessed carefully.
Which rights still apply despite extraordinary circumstances?
Extraordinary circumstances may allow the airline to avoid paying standard financial compensation. However, they do not automatically remove its obligations to provide assistance, reimbursement or rerouting.
Meals and refreshments
Reasonable care may be required while you are waiting.
Communications
The airline may be required to provide two communications.
Hotel and transport
Accommodation may be required when an overnight wait is necessary.
Reimbursement or rerouting
The appropriate options must be offered according to the disruption.
If the airline does not provide the required assistance, keep the receipts for any necessary, reasonable and appropriate expenses.
What should you do if the airline refuses your compensation claim?
An initial refusal does not necessarily mean that your case is definitively ineligible. The reason, flight information and available evidence must be examined.
Ask for the exact reason
Request a precise explanation instead of accepting a general or automated response.
Keep your evidence
Keep your booking confirmation, boarding passes, messages, schedules and receipts.
Check the connection with your flight
A disruption affecting another route does not automatically justify the consequences for your journey.
Submit a well-supported claim
Fly Claim can analyse your situation and handle the claim process with the airline.
Frequently asked questions about extraordinary circumstances
Does bad weather always exclude compensation?
No. It must be established that the weather conditions genuinely prevented the flight from being operated safely and directly caused the disruption.
Is a technical fault an extraordinary circumstance?
Not automatically. Most technical problems connected with the normal operation and maintenance of the aircraft are not sufficient to exclude compensation.
Does a strike automatically remove my rights?
No. An external strike and a strike involving the airline’s own employees are not necessarily treated in the same way.
Does the airline have to provide evidence?
The airline must be able to demonstrate the connection between the circumstances it has cited and the disruption, as well as why the disruption could not have been avoided despite taking reasonable measures.
Can I claim again after an initial refusal?
Yes. A new claim may be possible when an assessment shows that the airline’s explanation is insufficient, vague or potentially challengeable.
Can I receive up to €600?
When the incident is not exempt and the other eligibility conditions are met, compensation may amount to €250, €400 or €600, depending on the flight distance and circumstances.
Check whether the airline’s refusal can be challenged
Enter your journey details and the reason provided by the airline. There are no upfront fees to start your claim.