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Passenger rights

Extraordinary circumstances: when airlines can avoid paying compensation

Extraordinary circumstances are events beyond the carrier's control which could not have been avoided even if all reasonable measures had been taken. By relying on them the carrier may be exempted from the obligation to pay standard compensation, but the label alone is not enough.

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What is usually considered an extraordinary circumstance?

  • extreme weather conditions that make the flight impossible;
  • air traffic management decisions and airspace restrictions;
  • political instability or security risks;
  • hidden product defects reported by the manufacturer or authorities;
  • strikes by third parties not connected with the carrier's own operations.

What is often NOT an extraordinary circumstance

  • ordinary aircraft technical faults connected with the carrier's operating risk;
  • crew shortage or poor schedule planning;
  • strikes by the carrier's own employees (assessed according to circumstances);
  • knock-on effect from a previous delay of the same aircraft when it could have been avoided.

It is also significant whether the carrier took all reasonable measures to reduce the consequences of the disruption – for example, whether it looked for alternative flights.

The burden of proof lies with the carrier

It is not for the passenger to prove that there were no extraordinary circumstances. The carrier must justify that such circumstances occurred and that their consequences could not have been avoided. Therefore a brief airline response without evidence does not mean the claim is unfounded.

What to do if you receive a refusal

  • keep all correspondence with the airline;
  • ask for the specific reason for the disruption;
  • do not agree with a generic explanation without evidence;
  • submit the flight for reassessment.

Official sources

Everything on this page is based on primary sources you can check yourself:

Written and reviewed by Patrik Asevičius, flight compensation specialist at AirDue. Last updated 3 September 2026. General information, not legal advice on your individual case.

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