Extraordinary circumstances are events an airline could not have avoided even by taking all reasonable measures, such as dangerous weather, airspace closures or air traffic control strikes: only then can it refuse the compensation of up to €600 for a delay, cancellation or overbooking. Technical faults, crew shortages and strikes by the airline's own staff do not count. Here is how to tell whether an airline's refusal holds up.
What extraordinary circumstances are
EU Regulation 261/2004 requires the airline to pay €250, €400 or €600 per passenger when you arrive 3 hours or more late, when your flight is cancelled with less than 14 days' notice or when you are denied boarding. The only way out for the airline is to prove that the problem was caused by extraordinary circumstances.
Two conditions must both be met:
- the event is not part of the airline's normal operations and is beyond its control;
- the airline took all reasonable measures to limit the delay or avoid the cancellation, for example by looking for a replacement aircraft or crew.
The burden of proof is on the airline, not on you. A vague line like "operational reasons" is not enough.
What counts and what does not
| Usually an extraordinary circumstance | Usually not |
|---|---|
| Storms, snow, fog or wind that make flying unsafe | A technical fault on the aircraft, even if found at the last minute |
| Strikes by air traffic controllers or airport staff | Strikes by the airline's own staff |
| Airspace closures, volcanic eruptions | A shortage of pilots or cabin crew |
| Security risks, political instability | Knock-on delays from earlier flights caused by the airline |
| A passenger falling ill or violent behaviour on board | Overbooking and commercial decisions |
Two judgments of the Court of Justice of the EU are decisive. In C-549/07 the Court held that a technical problem arising from maintenance, or a lack of it, is not an extraordinary circumstance: it is part of an airline's normal operations. In C-28/20 it made clear that a strike by the airline's own staff, even one called by the unions, does not release it from paying.
Bad weather: when the airline is right and when it is not
Bad weather is the most common reason given for refusing claims, but it does not always apply. What matters is the weather that affected your flight, not a general alert. If your aircraft left late because its previous flight was held up by a storm at another airport hours earlier, the airline has to show it did everything it could to recover the delay.
If other flights left the same airport normally at the same time, bad weather can hardly explain a delay of several hours.
What you are owed anyway
Even when there are extraordinary circumstances, the airline must:
- give you care at the airport: meals, drinks, two phone calls or emails and, if needed, a hotel and transport to it;
- if it cancels the flight, let you choose between a refund within 7 days and an alternative flight.
Extraordinary circumstances only remove the cash compensation, not these rights. Full details are on our passenger rights page.
The airline has refused: what to do
- Ask for the reason in writing, with details of the event and the time.
- Check it against the facts: did other flights leave? Was the problem with your aircraft or at another airport?
- Do not accept a voucher instead of compensation unless you want to.
- Have the case checked: many refusals rest on reasons that would not stand up in court.
With DelayFlight24 you can check for free in 2 minutes whether your flight qualifies for compensation. We review the airline's reason and, if the refusal is unfounded, we pursue the claim all the way to court: you pay nothing upfront and our fee is 25% + VAT only if you get compensated. The full rules are on our pages about delayed flights and cancelled flights.
Frequently asked questions about extraordinary circumstances
Is a technical fault an extraordinary circumstance?
As a rule, no. Faults are part of an airline's normal operations (judgment C-549/07). Rare exceptions include a hidden manufacturing defect reported by the manufacturer or damage caused by a third party.
Does a strike by the airline's staff mean it does not have to pay?
No. A strike by the airline's pilots or cabin crew is not an extraordinary circumstance (judgment C-28/20). A strike by air traffic controllers, on the other hand, usually is.
The airline only says "operational reasons": is that enough?
No. It must name the specific event and prove that it took all reasonable measures. A vague formula is not enough to deny compensation.
With extraordinary circumstances, do I also lose my ticket refund?
No. If the flight is cancelled you are always entitled to a refund or an alternative flight, plus care at the airport.
How do I know whether the bad weather was real?
Check whether other flights left at the same time and ask the airline for details. If you hand us your claim, we check the flight data and the airline's reason for you.
Work out your compensation now
Enter where you flew from and to: in 2 minutes you will know whether you are owed compensation and how much.
- Free check, no commitment
- No upfront costs: 25% + VAT only if we win
- We deal with the airline for you
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 22/10/2026 by the DelayFlight24 editorial team.