What Counts as an Extraordinary Circumstance? Airlines Won't Tell You

What the Law Actually Says

EU261 defines extraordinary circumstances as events that could not have been avoided even if all reasonable measures had been taken. The key test: was it outside the airline's control, and could the airline have done anything to prevent it?

What DOES Qualify

• Severe weather — genuine storms, lightning strikes, extreme conditions
• Air traffic control strikes or restrictions
• Security threats or political instability at the airport
• Bird strikes (the initial strike — not subsequent disruption)
• Pandemics and government-mandated travel bans
• Airport capacity restrictions outside the airline's control

What Does NOT Qualify

• Technical faults — by far the most abused excuse. Routine technical issues are part of operating an airline and are almost never extraordinary circumstances.
• Staff shortages — pilot or crew unavailability is the airline's operational responsibility
• Knock-on delays from a previous flight — an earlier delay causing your flight to be late usually doesn't qualify
• Overbooking — always the airline's decision, never extraordinary

The Technical Fault Grey Area

Airlines sometimes argue that an unexpected technical fault qualifies as extraordinary. Courts across Europe have consistently ruled that it doesn't — maintaining aircraft in airworthy condition is a core airline responsibility. The only exception would be damage caused by something genuinely external, like a bird strike or foreign object on the runway.

What to Do If the Airline Claims Extraordinary Circumstances

1. 1Ask the airline for written confirmation of the exact cause
2. 2Note the official delay reason on your boarding pass or the airport departure board
3. 3Submit to AirHelp or Compensair — they'll challenge the airline's reasoning professionally