Extraordinary Circumstances: What Airlines Can and Can't Use as Excuses

"Extraordinary circumstances" is the airline industry's favourite get-out-of-jail-free card. When your flight is delayed or cancelled, this phrase is often the first thing you hear. But what does it actually mean — and when are airlines just using it as an excuse?

What Are Extraordinary Circumstances?

Under EU261, airlines don't have to pay compensation if the disruption was caused by "extraordinary circumstances" — events that are:

  1. Outside the airline's control
  2. Unavoidable even if all reasonable measures were taken

The key word is "unavoidable." If the airline could have prevented the disruption through reasonable planning, it's not extraordinary.

What Actually Qualifies

Legitimate Extraordinary Circumstances

Situation Usually Valid?
Severe weather (airport closed) ✅ Yes
Air traffic control strike ✅ Yes
Security threats at airport ✅ Yes
Political instability ✅ Yes
Medical emergency on board ✅ Yes
Bird strike damaging aircraft ✅ Usually yes
Runway closure (not airline fault) ✅ Yes

NOT Extraordinary Circumstances

Situation Valid Excuse?
Technical defect / mechanical fault ❌ No
Staff shortage ❌ No
Late incoming aircraft (cascading delay) ❌ No
Pilot sick (unless very specific cases) ❌ Usually no
Overbooking ❌ No
Fuel planning error ❌ No
IT system failure ❌ No
Cleaning taking longer than expected ❌ No
Baggage loading issues ❌ No
Weather at origin airport hours ago ❌ No

The Most Abused Excuses

1. "Technical Issues"

This is the most common — and most often incorrect — excuse. Airlines say "technical issue" hoping passengers will assume it means something extraordinary.

The reality: Technical defects are part of normal airline operations. Aircraft need maintenance. Parts fail. These are foreseeable risks of running an airline.

Court rulings: Multiple European courts have ruled that technical faults are the airline's responsibility and do not constitute extraordinary circumstances.

2. "Weather"

Weather is legitimate — but only when it's actually severe enough to disrupt operations.

Not valid:
- A storm that passed 3 hours ago
- Light rain or fog (airports have instruments for this)
- Weather at a different airport affecting your flight
- "Weather" cited without specifics

Valid:
- Airport officially closed due to weather
- ATC grounds all flights due to conditions
- Lightning preventing ground crew from working

3. "Air Traffic Control"

ATC restrictions can be extraordinary — but only when they're genuinely outside the airline's control.

Not valid:
- ATC delays due to the airline's own late arrival
- ATC slot restrictions the airline should have planned for

Valid:
- ATC strike
- ATC system failure
- Security-driven ground stop

4. "Staff Sickness"

A single pilot calling in sick is not extraordinary — airlines should have backup crews. System-wide illness affecting multiple staff might qualify, but this is rare.

How Airlines Use (and Abuse) This Loophole

Airlines know most passengers won't challenge a rejection. The playbook:

  1. Deny the claim citing "extraordinary circumstances"
  2. Don't provide specifics — just the phrase
  3. Hope the passenger gives up
  4. Only provide details if pressed

When you ask for specifics, many airlines suddenly can't provide evidence — because the extraordinary circumstances don't actually exist.

Your Right to Evidence

Under EU261, if an airline claims extraordinary circumstances, you have the right to:
- Request specific details of the circumstance
- Ask for evidence (weather reports, ATC notices, etc.)
- Challenge the claim if evidence is insufficient

Court Precedents That Help You

Wallentin-Hermann v. Alitalia (2009)

EU Court of Justice ruled that technical problems are inherent to airline operations and do not count as extraordinary circumstances.

McDonagh v. Ryanair (2013)

Court ruled that a volcanic ash cloud was extraordinary — but airlines still had duty of care obligations (meals, hotel).

Pešková v. Travel Service (2018)

Court confirmed that a bird strike is generally an extraordinary circumstance — but compensation may still be due if the airline's response was unreasonable.

What to Do When an Airline Claims Extraordinary Circumstances

  1. Ask for specifics in writing — what exactly was the circumstance?
  2. Request evidence — weather reports, ATC notices, maintenance logs
  3. Check flight tracking sites — Flightradar24 and similar show what other flights did that day
  4. Don't accept "technical issues" at face value — this is almost never valid
  5. Escalate — file with your national enforcement body or use ClaimPlane

Red Flags That the Excuse Is Fake

Success Rates When Challenging

According to passenger rights data:
- 60-70% of initially rejected claims are successful on appeal
- Claims escalated to national enforcement bodies have even higher success rates
- Airlines often drop the "extraordinary circumstances" claim when faced with legal action


Don't Let Airlines Hide Behind This Excuse

ClaimPlane knows which excuses are real and which are nonsense. We challenge airline rejections, request evidence, and escalate to enforcement bodies when needed.

👉 Check Your Flight — If your claim was rejected, we can still help.


"Extraordinary circumstances" is not a magic word. Make airlines prove it.