"Extraordinary Circumstances": When Airlines Can Refuse to Pay

The basic idea

Compensation schemes exist to push airlines to run reliably. They are not meant to punish airlines for things nobody could control. So the rules carve out events outside the airline's control, even with all reasonable measures taken.

Usually accepted as extraordinary

• Severe weather that makes the flight unsafe
• Air traffic control restrictions and airspace closures
• Security alerts and unruly passenger incidents
• Air traffic controller strikes and other strikes outside the airline
• A bird strike, which is a well known example from case law

Usually not accepted

• Ordinary technical faults found during routine operation
• Crew shortages caused by the airline's own rostering
• Airline staff strikes in many cases, depending on the circumstances
• Knock-on delays from the aircraft's earlier rotation, in many cases

How to push back politely

1. Ask for the cause in writing and the reasonable measures taken.
2. Check whether other flights at the same airport operated normally that day.
3. Note whether weather warnings existed or the sky looked clear, and record what staff said.
4. If unsatisfied, escalate to the national enforcement body rather than repeating yourself to the airline.