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.
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.
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
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