Extraordinary Circumstances
and Compensation Eligibility
Extraordinary circumstances are unforeseeable events beyond the airline's control, such as severe weather, air traffic control restrictions, security risks, political unrest or certain specific issues. In such cases, the airline may not be required to pay compensation for the flight delay or cancellation but is still obligated to offer care and assistance.
Examples of Extraordinary circumstances
Severe Weather Conditions
Unpredictable and severe weather events, like hurricanes or volcanic ash clouds, can disrupt air travel. Airlines are not held responsible for delays or cancellations caused by these uncontrollable weather conditions.
Air Traffic Control Restrictions
Delays or cancellations due to restrictions imposed by air traffic control, such as airspace closures or limitations, may be considered extraordinary circumstances, as prioritising safety of passengers.
Security Risks and Terrorism
Instances of security threats or terrorist activities can lead to flight delays or cancellations. Ensuring the safety of passengers and crew takes precedence in such situations.
Political Unrest
Political instability, civil unrest, or sudden regulatory changes can impact air travel and delays in such cases are considered beyond the control of airlines.
Bird Strikes or Wildlife Interference
Unforeseen events like bird strikes or encounters with wildlife during the flight that require safety measures can lead to flight disruptions.
Other Issues
Various issues such as runway maintenance, spilled fuel or airport fires can contribute to flight delays or prevent the departure of flights.
Your Rights and Compensation during Extraordinary circumstances
It's important to note that airlines are not obligated to compensate passengers if the flight delay or cancellation is caused by extraordinary circumstances beyond their control. However, the airline must still provide care and assistance.
No Compensation, But Care
If the delay or cancellation is caused by exxtraordinary circumstances, the airline is not required to pay compensation. However, passengers retain the right to care and assistance, including meals, refreshments and accommodation as per regular procedure during a delay or cancellation.
Burden of Proof on the Airline
The airline is responsible for demonstrating that the delay or cancellation was caused by an extraordinary event. Passengers should be aware of their entitlements and, if uncertain, seek assistance of a specialised third party such as Flywize to ensure fair treatment.
What to do in the event of Extraordinary Circumstances and I am at the airport?
If you find yourself stuck at the airport with the airline citing extraordinary circumstances, you are still entitled to care and assistance. The airline is responsible for providing meals, refreshments and accommodation if necessary, during a delay or cancellation.
In case you need to pay for your meals, transport or accommodation, don't forget to keep your receipts as you may request a refund of expenses. You can do so for flights up to 3 years back on average, so be sure to claim your expenses refund even for your past flights.
Questions about Extraordinary Circumstances?
Check our our FAQs
Extraordinary circumstances refer to unforeseeable events beyond the airline's control, such as severe weather, air traffic control restrictions, security risks, political unrest or bird strikes.
Generally, no. Airlines are not obligated to pay compensation to passengers for delays or cancellations caused by extraordinary circumstances. However, passengers are entitled to care and assistance during such events.
Passengers are entitled to meals and refreshments after 2 hours and accommodation if they need to wait for their flight overnight, even in cases of delays or cancellations due to extraordinary circumstances. This is outlined in the EC 261 regulation.
Extraordinary circumstances are events beyond the airline's control. If uncertain, seek the assistance of a specialized third party, like Flywize, to evaluate your situation and guide you on your rights.
If you dispute the airline's claim of extraordinary circumstances, gather evidence and seek professional assistance like Flywize to challenge their position and assert your rights under EC 261.
Yes, there is a time limit. In most cases, passengers have up to 3 years from the date of the flight to make a compensation claim, but this can vary depending on the country. In some cases, the time period might be longer.
Technical issues are not considered extraordinary circumstances, as it is the airline's responsibility to make sure the aircraft is operational and ready to fly. If your flight was delayed or cancelled due to technical issues with the plane, you might be eligible for compensation.
If you believe you are entitled to compensation despite the airline's claim of extraordinary circumstances, seek assistance from a specialized service like Flywize. We can help you navigate the process and assert your rights.
ATC strikes or industrial action are considered extraordinary circumstances. While in these cases, you are not eligible for compensation, you are still entitled to care and assistance as outlined in EC 261.
At Flywize, we specialise in navigating the complexities of EC 261 claims for compensation. We can evaluate your situation, guide you on your rights and assist you in requesting compensation or care and assistance as applicable.