Extraordinary Circumstances Flight Delays — Can You Still Claim?
“Extraordinary circumstances” is the single most common reason airlines give for refusing flight delay compensation — and it is also the most frequently misused. Under UK261, an airline does not have to pay compensation if a delay or cancellation was caused by something genuinely beyond its control. But the legal test is far narrower than airlines often suggest, and many rejections that cite extraordinary circumstances do not actually meet it. Knowing where the line falls is the difference between accepting a refusal and recovering up to £520 per passenger.
In this guide
- What Counts as an Extraordinary Circumstance
- Causes That Usually DO Qualify
- Causes That Usually Do NOT Qualify
- Weather — The Grey Area
- How to Challenge an Extraordinary Circumstances Refusal
- Common Questions About Extraordinary Circumstances
- Related Guides
- Our Partner's Fees Explained
- Check If You Could Claim Compensation For Your Delayed Flight
This guide explains what extraordinary circumstances actually means under UK261, which causes do and don’t qualify, what the courts have decided, and what to do if your airline has used it to reject your claim. If you already have a rejection letter, see our airline rejected my claim guide.
What Counts as an Extraordinary Circumstance
The Legal Test
To qualify, an event must meet all three conditions:
- Unpredictable — not something the airline could reasonably foresee
- Unavoidable — could not have been prevented even with all reasonable measures
- External — not inherent in the normal exercise of running an airline
If an event fails any one of these, it is not extraordinary, and compensation is payable.
Care Still Applies Regardless
Even when extraordinary circumstances genuinely apply:
- Compensation may be off the table
- But the airline must still provide food, drink and communication
- And hotel accommodation plus transport if delayed overnight
- This duty of care applies no matter the cause of the delay
Causes That Usually DO Qualify
Genuinely Outside the Airline’s Control
These are normally accepted as extraordinary:
- Severe weather incompatible with safe flight
- Strikes by third parties — air traffic control, airport staff, ground handlers, border force
- Security incidents and airport closures
- Political instability or airspace closures
- Bird strikes
- Acts of sabotage or terrorism
- Hidden manufacturing defects identified across a fleet
The Important Catch
Extraordinary circumstances do not excuse every knock-on delay:
- The airline must still take all reasonable steps to get you to your destination
- If a strike or weather event ends well before your flight, the airline cannot keep relying on it
- A failure to re-route or recover the schedule can make compensation payable again
Causes That Usually Do NOT Qualify
Inherent in Running an Airline
Airlines often cite these, but they are normally claimable:
- Technical faults and component failures (general wear and tear)
- Routine maintenance issues
- Software or system glitches
- Strikes by the airline’s own staff (pilots, cabin crew)
- Crew sickness or crew scheduling problems
- Late inbound aircraft caused by the airline’s own earlier delay
- Overbooking
What the Courts Have Said
Key case law on technical faults:
- In KLM v van der Lans (2015), the European Court held technical problems are not extraordinary
- Early failure of an aircraft component is not extraordinary either
- The logic: maintaining aircraft, including unexpected faults, is part of running an airline
- Only a hidden manufacturing defect or sabotage-related damage may qualify
- Even a lightning strike, which aircraft are built to withstand, does not usually meet the threshold
Weather — The Grey Area
When Weather Is Genuinely Extraordinary
Weather is the most disputed cause. It may be extraordinary when:
- Conditions are genuinely incompatible with safe operation
- Your specific airport or route was affected
- The airline can evidence it with a NOTAM, weather report or ATC directive
When the Weather Excuse Fails
Be sceptical if:
- Other airlines operated similar routes at the same time
- The weather was forecast well in advance and could have been planned around
- The real cause was a knock-on delay the airline blamed on weather
- The airline refuses to provide specific documentation
How to Challenge an Extraordinary Circumstances Refusal
Request the Evidence
Your first step is always to ask for proof:
- Ask the airline for the specific cause of your delay in writing
- Request the supporting documentation (NOTAM, weather data, ATC log)
- Vague or incomplete reasons are a warning sign
- Refusal to provide evidence often means the cause was not genuinely extraordinary
Escalate If Needed
If the airline maintains its refusal:
- Escalate to the CAA-approved ADR scheme covering that airline
- Or take the airline to the Small Claims Court
- The burden is on the airline to prove the circumstances were extraordinary
- Check what you’re owed first with our compensation calculator
Common Questions About Extraordinary Circumstances
The airline said “operational reasons.” Does that count?
Usually not. “Operational reasons” is a vague catch-all that frequently hides causes which are the airline’s responsibility — technical faults, crew shortages or knock-on delays from an earlier flight. None of these are extraordinary circumstances. Ask the airline to state the specific cause in writing. If it cannot or will not, that is a strong sign your claim is valid and should be pursued.
My flight was delayed by bad weather. Can I really not claim?
It depends on the detail. Genuinely severe weather that makes safe operation impossible is extraordinary, and compensation would not be payable. But airlines over-use the weather excuse. If other carriers were flying the same route, if the weather was well forecast, or if the real cause was a late inbound aircraft, the refusal may not stand. Ask for the specific weather evidence for your flight — not a general statement about conditions that day.
The airline blamed a technical fault. Is that extraordinary?
Almost never. The courts have been clear that technical faults and component failures are part of the normal business of running an airline (KLM v van der Lans, 2015). Routine mechanical problems, system glitches and general wear and tear do not qualify. The only technical issues that may count are a hidden manufacturing defect affecting an entire fleet or damage from sabotage. A standard technical fault means you can usually claim.
What about a strike?
It depends who is striking. A strike by third parties — air traffic control, airport staff, ground handlers or border force — is usually extraordinary, so compensation would not apply. But a strike by the airline’s own staff, such as its pilots or cabin crew, is generally not extraordinary, because managing its workforce is part of running the airline. The CAA has previously taken enforcement action against airlines refusing to pay for their own staff strikes.
Even if it was extraordinary, do I get anything?
Yes — your right to care survives. Regardless of the cause, once the delay passes the relevant threshold the airline must provide food and drink, a means to communicate, and overnight accommodation with transport if needed. If you paid for these yourself because the airline failed to provide them, keep your receipts — you can claim those costs back even when cash compensation is not payable.
How do I prove the circumstances weren’t extraordinary?
You don’t have to — the burden is on the airline. Under UK261 the airline must prove the delay was caused by extraordinary circumstances and that it took all reasonable steps to avoid the disruption. Your job is to ask for that evidence and challenge it if it is missing or weak. If the airline cannot substantiate its claim, an ADR scheme or the Small Claims Court can decide in your favour.
Related Guides
Flight Delay Compensation Calculator
Airline Rejected My Flight Delay Claim
Technical Fault Flight Delay Compensation
Bad Weather Flight Delay Compensation
Strike Flight Delay Compensation
Air Traffic Control Delay Compensation
How to Claim Flight Delay Compensation
Escalating to the CAA & ADR Schemes
Check If You Could Claim Compensation For Your Delayed Flight
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