Extraordinary Circumstances EU261: When Airlines Don't Pay

What Do "Extraordinary Circumstances" Mean Under EU261?

Few phrases appear in rejection letters as often as this one: the delay was caused by extraordinary circumstances, so no compensation is due. The basis is Article 5(3) of Regulation (EC) No 261/2004 — retained in UK law as UK261 after Brexit. Compensation is only ruled out when the cancellation or long delay was caused by an extraordinary event that could not have been avoided even if the airline had taken all reasonable measures.

Two points matter that many passengers miss. First, both conditions must be met: a genuinely extraordinary event and proof that it was unavoidable. Second, the burden of proof lies with the airline, not with you. A blanket claim is not enough — the carrier must set out specifically what happened and why nothing could be done about it.

These Reasons Really Do Count as Extraordinary

In these cases the airline may genuinely refuse compensation — provided it can prove the cause and its effect on your flight:

• Extreme weather: Storms, dense fog, heavy snow or volcanic ash like the Eyjafjallajökull eruption. Ordinary winter weather at a hub does not automatically qualify.
• Third-party strikes: Strikes by air traffic controllers or airport staff lie outside the airline's control.
• Bird strike: The European Court of Justice held that a collision with a bird is an extraordinary circumstance (Case C-315/15, Pešková).
• Security risks: Terror warnings, political unrest or official airspace closures.
• Air traffic control decisions: Delays caused by slot restrictions or flow management the airline cannot influence.

These Excuses Do NOT Count — Airlines Must Pay Here

This is where it gets interesting for you, because many of the most common excuses do not hold up. Know these cases and you won't be fobbed off:

• Technical faults: A normal technical problem that arises in operating an aircraft is not an extraordinary circumstance. The ECJ made this clear back in 2008 (Case C-549/07, Wallentin-Hermann).
• Staff shortages: Sick crew, missed rest periods or scheduling errors fall within the airline's own operations.
• Strike by the airline's own staff: A strike by the carrier's own employees is generally not an extraordinary circumstance (ECJ C-28/20).
• Overbooking: Selling too many seats is an organisational problem for the airline — never an extraordinary circumstance.
• A late inbound aircraft: The mere fact that the plane arrived late from a previous rotation is not enough. The airline must prove the original cause.

Care Duties Remain: What You Always Get

Even where a genuine extraordinary circumstance applies and compensation is ruled out, you are not without rights. The duty of care under Articles 8 and 9 EU261/UK261 applies regardless of the cause. The airline must offer meals and refreshments, hotel accommodation and transfers where needed, and a choice between a refund of the ticket price and re-routing.

The ECJ confirmed this even for the extreme case of volcanic ash: in Case C-12/11 (McDonagh) the court held that the duty of care has no time limit and no financial cap. So keep every receipt for food, hotel and transport — you can reclaim these costs even when no compensation is payable.

Step by Step: How to Rebut the Excuse

If the airline relies on extraordinary circumstances, don't give up straight away. These steps help you test the reasoning and enforce your claim:

1. Request the reason in writing: Ask for a specific statement of which event disrupted the flight. Vague wording is a good sign of a weak case.
2. Classify the cause: Check whether it falls into the list of genuine extraordinary circumstances or into the airline's own sphere (technical, staffing, scheduling).
3. Gather evidence: Flight tracking data (such as Flightradar24), weather reports for the day, or strike notices help you test the airline's claim.
4. Insist on the burden of proof: Point out expressly that the airline must prove both the event and its unavoidability — otherwise your claim stands.
5. Escalate: If the airline won't budge, take it to an approved ADR body or the Civil Aviation Authority (CAA), or consider a court claim. In England and Wales the limitation period is six years (five in Scotland).

Frequently Asked Questions (FAQ)

What exactly are extraordinary circumstances?

They are events outside an airline's normal control that could not be avoided even with all reasonable measures — such as extreme weather, bird strike or third-party strikes. Only then is compensation ruled out under Article 5(3) EU261/UK261.

Is a technical fault an extraordinary circumstance?

Usually no. The ECJ has held that ordinary technical problems are part of an airline's normal operations and do not rule out compensation. Only hidden manufacturing defects or sabotage can be an exception.

Does the airline have to pay in a strike?

It depends on the strike. Strikes by air traffic controllers or airport staff usually count as extraordinary. A strike by the airline's own staff, however, is generally not extraordinary — your claim stands.

Do I get nothing at all in volcanic ash or storms?

Flat-rate compensation falls away, but the duty of care remains: meals, hotel and re-routing or a refund are still owed — according to the ECJ, with no time or financial limit. Keep all your receipts.

Who has to prove the extraordinary circumstances?

Always the airline. You don't have to disprove anything — the carrier bears the full burden of proof for the event and for its unavoidability. A cleanly worded letter makes that clear. Our generator produces one for 10.00 EUR.

Legal disclaimer: This article is for general information only and does not constitute legal advice. The law may vary in individual cases. For complex situations, consult a qualified solicitor or legal adviser.