Legal review6 min readApr 19, 2026

Extraordinary circumstances: when the airline does not have to pay

Airlines often mention extraordinary circumstances, but not every explanation is sufficient. What is important is what actually happened, whether the cause is out of control and whether the rights to care and diversion still remain.

Main guide for this topic

Air passenger rights

This article is a detailed subtopic. Start with the main guide if you want the full picture on eligibility, amounts, exceptions and next steps.

What are extraordinary circumstances

Extraordinary circumstances are events that the airline could not realistically avoid even with reasonable measures. Typical examples are severe weather, airport closures, security incidents, political instability, certain air traffic control decisions and some events affecting flight safety.

If such an event is the actual cause of the delay or cancellation, the fixed fee may be deducted. But the burden of explanation is not on the passenger. The airline should show what happened and why it could not have avoided it.

The most important thing is that there is a concrete connection between the event and your flight. It's not enough that there was a problem somewhere in the system if it can't be seen how that particular problem led to your delay or cancellation.

A technical problem is not always an excuse

Passengers often hear that the problem was of a technical nature. However, routine maintenance, aircraft breakdown, crew organization and operational technical problems do not automatically mean extraordinary circumstances.

An airline may have a stronger defense if it is an unusual event that is not part of a regular business risk, such as a lightning strike, a bird strike, or a security issue it could not have foreseen. And then it is checked whether the carrier has taken reasonable measures to reduce the delay.

That is why it is important to look for a precise reason. The phrase technical problem is too broad. A good assessment requires knowing whether the problem was a routine malfunction, a sudden security event or a consequence of the airline's organization.

Strikes are checked separately

Not every strike is the same. A strike by air traffic control, airport staff or external services may be treated differently than a strike by the airline's own employees.

If the disruption is caused by the carrier's employees, the claim is often worth a closer look. If the cause is an external strike affecting the airport or air traffic control, the airline may have stronger defenses.

Therefore, check the date, airport, airline and publicly available information about the disruption. In the case of strikes, it is especially important not to make conclusions based only on a short SMS message.

Weather and flight control are not automatically the end of the story

Severe storms, runway closures, airspace restrictions and flight control decisions are often cited as extraordinary circumstances. However, the scope and duration of the event should be checked here as well.

If other flights took off normally, if the problem was short-lived or if the delay did not occur until much later due to rotation of the aircraft, the case may require additional verification. Sometimes an extraordinary circumstance explains the initial disruption, but not the entire multi-hour standstill.

The question of reasonableness is important: whether the airline could have provided another aircraft, crew, diversion or better information to passengers. The answer depends on the specific facts.

The right to care can remain

Even when fixed compensation is not certain due to extraordinary circumstances, rights to care, information, refund or redirection may still exist. This is a common point that travelers miss.

If you wait for hours due to bad weather or a flight control decision, the airline may still be obligated to provide meals, refreshments, communication, and in the case of a night wait, hotel and transfer.

Therefore, no compensation should be accepted as the answer to all questions. There may not be a fixed fee, but there may be other requirements that need to be set separately.

What can a traveler do?

Ask for a written explanation of the reason for the disruption. If you receive only a verbal explanation, note the time, counter and name of service if you have one. Save your boarding pass, booking confirmation, airline messages and receipts.

It is also useful to note what happened at the airport: whether other flights were cancelled, whether the airport was operating, whether passengers were diverted and when an alternative was offered. Those details later help to check whether the airline's defense is convincing.

Even when a fixed fee is not certain, rights to care, information and diversion may still exist. A good claim clearly separates fixed damages from reimbursement of expenses and the right to assistance while waiting.

Ask what measures have been taken

Extraordinary circumstances are not only a question of what happened, but also what the airline did to minimize the consequences. If there was a problem with weather, air traffic control or safety, one can still ask whether the carrier could have better organized the diversion, crew or briefing.

Therefore, in the airline's response, you are looking for a specific connection between the event and your flight, as well as an explanation of reasonable measures. A general sentence that the flight was delayed for reasons beyond control is often not enough for a serious check.

If other flights of the same company or the same route took off normally, make a note of it. It doesn't automatically mean you're eligible, but it's a useful signal to do an extra check.

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