What are "extraordinary circumstances"?
An airline doesn't have to pay compensation if it can prove the delay or cancellation was caused by extraordinary circumstances that couldn't have been avoided even if it had taken all reasonable measures. It's the airline's job to prove this, not yours.
Usually NOT extraordinary (you should be paid)
- Technical faults, including ones found during routine checks. The courts treat these as part of running an airline (CJEU Wallentin-Hermann, C-549/07; van der Lans, C-257/14).
- Strikes by the airline's own staff, such as pilots or cabin crew (CJEU Airhelp v SAS, C-28/20).
- Crew shortages, crew who are ill or out of hours, and scheduling problems.
- Overbooking: a commercial decision.
- Knock-on delays from an earlier flight, unless that earlier delay itself had an extraordinary cause.
Usually extraordinary (no compensation)
- Severe weather that actually affected your flight. If other flights operated normally at the same time, ask why yours didn't.
- Air traffic control restrictions and ATC strikes.
- Airport closures, security alerts, and strikes by airport or other third-party staff.
- Bird strikes (CJEU Pešková, C-315/15).
- Medical emergencies and disruptive passengers.
If the airline says "extraordinary circumstances"
Ask it to explain exactly what happened to your flight, and why it couldn't have avoided the delay. A general statement isn't enough. Even in extraordinary circumstances, the airline still had to look after you (meals, hotel) and offer a refund or another flight. If you think its answer doesn't stand up, escalate: see what to do if your claim is rejected.
Questions
Is a technical fault an extraordinary circumstance?
Almost never. Courts have ruled that technical problems, even unexpected ones, are part of an airline's normal operation. The rare exceptions are hidden manufacturing defects declared by the manufacturer or authorities, or damage caused by a third party.
Is bad weather an extraordinary circumstance?
Usually, but only if the weather actually caused your flight's delay or cancellation. If other flights were operating normally, the airline may still owe you compensation.
Who has to prove extraordinary circumstances?
The airline. You only have to show your flight was delayed, cancelled or overbooked.
More guides
- How much compensation can I get for a delayed or cancelled flight?
- Cancelled flight: what you're owed
- Bumped from an overbooked flight: your rights
- How far back can I claim?
- Airline rejected your claim? What to do next
- Missed your connecting flight? What you're owed
- Delayed or cancelled by a strike: can I claim?
- Meals, hotels and refunds during a delay
- Downgraded to a lower class: what you're owed
Important: DelayOwed is a self-help guidance tool, not a law firm or claims company, and is not affiliated with any airline. Airline names are used only to describe which flights this guide covers.