Extraordinary Circumstances – What does this mean for your compensation claim?

Airlines often reject compensation claims, stating that extraordinary circumstances occurred. Don’t be discouraged by this. Many of these explanations are incorrect. However, there are situations where no compensation is actually due.

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What are extraordinary circumstances?

Under EU Regulation 261/2004, extraordinary circumstances exist if all three criteria are met:

• Unforeseeable – the event occurs unexpectedly.
• Unavoidable – even with all reasonable measures by the airline, the disruption could not have been prevented.
• Externally caused – the event is beyond the airline’s control.
  
  

An example is the attempted coup in Turkey on 15 July 2016, which caused numerous flight delays and cancellations. This event was neither foreseeable nor controllable by airlines and was solely caused by external political factors. Therefore, it is considered an extraordinary circumstance. In such cases, the airline is not at fault, and passengers have no right to compensation for delays or cancellations on those days.

Examples of extraordinary circumstances

Some events can significantly disrupt normal flight operations but are beyond the airline’s control. Typical examples include:

Strikes

Generally considered extraordinary circumstances if the airline cannot influence them.

• Airport staff (working for all airlines)
• Baggage handling
• Security personnel
• Airport management / tower staff
  
  

Special cases:

Pilot strikes of a single airline must be assessed individually. Compensation may be possible in some cases, but airlines usually do not pay without legal action.

Security risks & political events

• War, political unrest, terrorist threats
• Bomb threats or explosives found
• Sabotage of aircraft or fleet
• Airport closures for security reasons
• Removal of unaccompanied baggage or aggressive passengers
  
  

Extreme weather conditions

• Storms, hurricanes, fog, icing
• Lightning, hail damage, severe turbulence
• Natural disasters such as earthquakes or ash clouds (e.g., Eyjafjöll volcano 2010)
• Shortages of de-icing fluids due to extreme conditions
  
  

Birdstrike

• Collision with a bird during flight, takeoff, or landing, which requires immediate inspection and, if necessary, repair of the aircraft.

Air Traffic Management / ATC

• Air traffic control decisions (airspace closures, capacity restrictions)
• Closure or limitation of runways
  
  

Medical emergencies / Personal reasons

• Acute illness or death of passengers or crew
• Emergency landing for medical reasons
• Removal of aggressive or dangerous passengers causing delays
  
  

Unexpected technical problems

• Damage by third parties (e.g., collision with airport vehicle)
• Hidden manufacturing defects
• Technical faults despite proper maintenance
• Premature failure of components
• Failure of essential systems (avionics, engines, control surfaces, landing gear)
• Smoke, fire, or odors on board (if not due to maintenance errors)
• Any situation requiring immediate inspection or repair before the flight can proceed
  
  

Situations that are not considered extraordinary circumstances

• Technical defects due to poor maintenance
• Predictable technical issues
• Crew planning errors (“out of hours”)
• Poor operational planning (tight connections, etc.)
  
  

In these cases, compensation is generally due if the delay at arrival is at least 3 hours or the flight was cancelled.

Proof must be provided by the airline

The airline must prove:

• That extraordinary circumstances actually existed
• That these circumstances specifically affected the flight in question
• That all reasonable measures were taken to avoid the disruption

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