If your flight was delayed by a technical fault and you arrived 3 hours or more late, you are usually owed compensation of €250, €400 or €600 per passenger, and the same applies if it was cancelled: for the EU Court of Justice, a technical problem with the aircraft is, as a rule, not an extraordinary circumstance. Airlines often reply with "an unforeseen technical issue" and a refusal. Here is what to ask them and how to answer the rejection.
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Flight delayed by a technical fault: what compensation you get
When the aircraft cannot leave because of a technical problem, Regulation (EC) 261/2004 gives you three separate rights, which airlines often blur together:
- Care: meals, drinks, two communications and, if you fly the next day, a hotel and transfers. Always owed.
- Refund or rerouting: if the flight is cancelled you choose between a ticket refund within 7 days and another flight to your destination. Always owed.
- Compensation: €250, €400 or €600 per passenger depending on distance, if you arrive 3 hours or more late or the flight is cancelled with less than 14 days' notice. This is the part the airline tries to refuse.
A ticket refund does not replace compensation: they are separate rights, as our guide on refund or compensation explains.
Why a technical fault is not an extraordinary circumstance
In judgment C-549/07, the EU Court of Justice set out three points that still guide every claim:
- technical problems are inevitably linked to operating such complex aircraft: fixing them is part of an airline's normal activity;
- having met the minimum maintenance requirements is not, on its own, enough to avoid paying;
- how often an airline has faults is not decisive: a rare fault does not become extraordinary for that reason.
It does not matter whether the fault was found during pre-flight checks, in maintenance or on the same aircraft's previous flight: it is a risk the airline has to manage, for example with standby aircraft or by rebooking passengers on other flights.
Exceptions exist, but they are rare. The judgment itself mentions a hidden manufacturing defect affecting safety, revealed by the manufacturer or a competent authority for aircraft already in service, and damage caused by third parties, such as sabotage. Even then the airline must prove it and show it did everything it reasonably could to limit the delay. For other reasons for refusal, such as weather and strikes, read our guide on extraordinary circumstances.
The airline said no: typical replies and how to respond
Technical fault rejections all look alike. This is how to read them:
| What the airline writes | What it really means | How to respond |
|---|---|---|
| "Unforeseen technical issue" | An aircraft fault, i.e. normal airline activity | A technical fault is, as a rule, not an extraordinary circumstance (judgment C-549/07) |
| "For your safety" | The aircraft was not fit to fly | Safety comes first, but it does not change who pays the compensation |
| "Maintenance was fully compliant" | Minimum rules were followed | Meeting minimum maintenance standards is not enough to be exempt |
| "Circumstances beyond our control" | A stock phrase with no detail | Ask for the specific event and evidence: the burden of proof is on the airline |
| "We can offer you a voucher" | An attempt to close the case | Compensation is paid in money unless you agree otherwise in writing |
What to ask the airline: your checklist
If the answer is vague, reply in writing and ask for details. An airline that genuinely has an extraordinary circumstance has no reason to hide it.
- Which fault: which component or system of the aircraft failed.
- When and how it was found: during pre-flight checks, in maintenance, on the previous flight or in the air.
- Where it came from: if it was a defect flagged by the manufacturer or an authority for the whole fleet, or damage caused by a third party, ask them to say so and document it.
- What they did about it: whether they looked for a replacement aircraft, crew or seats on other flights, including other airlines.
- Actual arrival time: for delays, what counts is when the doors opened at your destination, not take-off.
Keep your boarding pass, booking, photos of the departure boards, the airline's messages and receipts for your expenses. If the airline does not answer or upholds its refusal without evidence, you can also complain to the national enforcement body.
How much you are owed for a technical fault
- €250 for flights up to 1,500 km, such as Dublin–London;
- €400 from 1,500 to 3,500 km, such as Dublin–Tenerife, and for flights within the EU over 3,500 km;
- €600 over 3,500 km outside the EU, such as London–New York.
The amount is per passenger, children included. If you paid for meals or a hotel yourself because the airline gave you no care, you can also claim those reasonable expenses back with your receipts.
How to get your compensation without risk
The full rules are on our pages about delayed flights and cancelled flights. With DelayFlight24 you can check for free in 2 minutes whether you are owed compensation: we review the airline's refusal, ask for the technical details ourselves and, if needed, take the claim all the way to court. You pay nothing upfront and only pay 25% + VAT if you get compensated.
Frequently asked questions about technical fault delays
My flight was delayed by a technical fault: am I entitled to compensation?
Almost always, if you arrived 3 hours or more late. A technical fault is, as a rule, not an extraordinary circumstance, so the airline must pay you €250, €400 or €600.
What if the fault led to a cancellation?
The same applies: if you were told less than 14 days before, you are owed compensation on top of a refund or rerouting.
The airline says it was a safety issue: does that change anything?
No. Every fault that grounds an aircraft is a safety issue. The airline was right not to fly, but it still has to pay.
When can a technical fault be an extraordinary circumstance?
In rare cases, such as a hidden manufacturing defect revealed by the manufacturer or an authority, or damage caused by a third party. The airline must prove it and show it took all reasonable measures.
I accepted a ticket refund: can I still claim compensation?
Yes. A refund and compensation are separate rights: accepting the first does not mean losing the second.
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Find out more
- Air passenger rights
- Delayed flight: when you can claim compensation
- Cancelled flight: refund and compensation
- Overbooking: what you are owed
- What our service costs
Article updated on 29/10/2026 by the DelayFlight24 editorial team.