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.

Weather and natural phenomena

Extreme weather can be a valid extraordinary circumstance, but the threshold is high. Light snow, ordinary fog or seasonal thunderstorms that other airlines managed through do not usually qualify. The carrier must show that the specific conditions made the flight impossible or unsafe, and that it took all reasonable measures to minimise the disruption.

A weather problem at the destination airport may also affect flights elsewhere, so the airline's explanation should match the actual conditions at the relevant time and place.

Air traffic control and airspace restrictions

Decisions by air traffic management, security closures of airspace or political decisions restricting overflight can be extraordinary circumstances. However, the airline must prove that the restriction actually affected the specific flight and that it could not have rerouted or rescheduled to avoid the impact.

Generalised claims about “air traffic control” without a specific restriction notice are not enough. Ask for the precise restriction, the time window and whether other carriers operating the same route were affected in the same way.

Strikes

Strikes by third parties — for example airport staff, air traffic controllers or security staff — may be extraordinary circumstances. Strikes by the airline's own crew or ground staff are assessed differently and often do not provide a defence, because they are within the carrier's operational risk.

Even where a third-party strike is genuine, the airline must still show that it took all reasonable measures to avoid cancelling or delaying the flight, such as rebooking passengers onto other services.

Technical faults and hidden defects

Ordinary technical problems discovered during maintenance or pre-flight checks are generally part of the airline's operating risk and do not excuse compensation. The Court of Justice has held that unexpected technical failures may in exceptional cases be extraordinary, but the carrier must prove that the defect was unforeseeable and outside its normal maintenance regime.

A hidden manufacturing defect reported by the aircraft or engine manufacturer, or a safety directive from the aviation authority, is more likely to qualify — but the airline must still provide evidence linking that defect to the specific cancellation or delay.

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, Legal consultant, European law specialist and traveller. Last updated 9 September 2026. General information, not legal advice on your individual case.

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