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EC261 / UK261 · THE AIRLINE’S DEFENCE

The airline said “extraordinary circumstances”. Does that settle it?

By Nathan Zarcaro, founder of MyAirAdvocate · 3 min read · Updated

THE SHORT ANSWER

The airline avoids paying compensation only if it proves the cause was an extraordinary circumstance that could not have been avoided even if it took all reasonable measures. Meals, a hotel and a refund or new flight are owed whatever the cause. Compensation is EU €250, €400 or €600 and UK £220, £350 or £520, by distance.

Does this apply to my flight?

EC261 · UK261

COVERED

  • ●A delay, cancellation or denied boarding on a flight EC261 or UK261 covers
  • ●A refusal that blames the weather, a strike, air traffic control or a fault

NOT COVERED

  • ●US domestic flights (Boston to Denver): different rules, no fixed compensation
  • ●Flights into the EU or UK on a non-European airline (New York to London on Delta or American)

The phrase comes from EU Regulation 261/2004, and the UK kept it in UK261. The test is the same in both.

In this guide · 6 sections
  1. 01Does “extraordinary circumstances” mean the airline doesn’t have to pay?
  2. 02What counts as an extraordinary circumstance?
  3. 03Can the airline use extraordinary circumstances if I was bumped?
  4. 04How much am I owed if the cause wasn’t extraordinary?
  5. 05What do I do when the airline blames extraordinary circumstances?
  6. FAQQuestions people ask

THE SHORT ANSWER

Does “extraordinary circumstances” mean the airline doesn’t have to pay?

Not by saying so. The airline avoids paying compensation only if it proves the cause was an extraordinary circumstance that could not have been avoided even if it took all reasonable measures.

The phrase in a refusal letter is a claim, not a finding. Check the cause against the list below. If British Airways sent it, here’s what to do when BA refuses compensation.

WHAT COUNTS

What counts as an extraordinary circumstance?

The causes airlines name most, and how each one stands.

  1. A technical fault: doesn’t count

    A technical fault in normal operation isn’t an extraordinary circumstance (Wallentin-Hermann, 2008).

  2. A strike by the airline’s own staff: doesn’t count

    A strike by the airline’s own staff isn’t an extraordinary circumstance. The EU’s top court has said so twice: when a union called the strike (Airhelp v SAS, 2021, C-28/20), and when staff called in sick together in protest (Krüsemann, 2018, C-195/17).

  3. A strike by air traffic controllers or airport staff: can count

    A strike by air traffic controllers or airport staff can be an extraordinary circumstance. The airline still has to prove it caused your delay.

See exactly what your flight owes you. Free, no card.

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BUMPED

Can the airline use extraordinary circumstances if I was bumped?

Denied boarding has no extraordinary-circumstances defence (Article 4). If the airline bumped you and cites the phrase, it has told you nothing that changes the claim.

THE MONEY

How much am I owed if the cause wasn’t extraordinary?

Compensation is EU €250, €400 or €600 and UK £220, £350 or £520, by distance.

The rules are EC261 and UK261. Where the flight departs decides which one you get.

YOUR NEXT MOVE

What do I do when the airline blames extraordinary circumstances?

Four things, in this order.

  1. Ask for the cause in writing

    One line. Ask what happened, at which airport, and when. A general note about a busy day isn’t a cause.

  2. Test it against the list above

    A technical fault or a strike by the airline’s own staff doesn’t count. Say so by name in your reply.

  3. Claim the care first

    Meals, a hotel and a refund or new flight don’t depend on the cause. Send those receipts whatever the airline says about the rest.

  4. Keep the paper trail

    Save the refusal, your reply, your boarding passes and the arrival time you can prove.

COMMON QUESTIONS

Questions people ask

The airline said “extraordinary circumstances”. Is that final?

No. The airline avoids paying compensation only if it proves the cause was an extraordinary circumstance that could not have been avoided even if it took all reasonable measures.

Is a technical fault an extraordinary circumstance?

A technical fault in normal operation isn’t an extraordinary circumstance (Wallentin-Hermann, 2008).

Is a strike an extraordinary circumstance?

A strike by the airline’s own staff isn’t an extraordinary circumstance, whether a union called it (Airhelp v SAS, 2021) or staff called in sick together in protest (Krüsemann, 2018). A strike by air traffic controllers or airport staff can be.

Do I still get a hotel and meals if the cause was extraordinary?

Yes. Meals, a hotel and a refund or new flight (Article 9 care) are owed whatever the cause.

Can the airline use the phrase if it bumped me?

No. Denied boarding has no extraordinary-circumstances defence (Article 4).

See exactly what your flight owes you — free, no card. We check it against the rules, and if it qualifies and you say go, we file the claim for you.

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The law this guide is written against: EC261 full text (EUR-Lex) · UK261 full text (legislation.gov.uk)

General information, not legal advice. Compensation depends on the facts of each disruption and the airline’s evidence. MyAirAdvocate files claims for a flat $39, charged only if the airline pays, and never takes a percentage of what you are owed.