Extraordinary Circumstances: When and Why Airlines Can Deny Compensation

Planning a trip always brings excitement and anticipation. However, sometimes plans change abruptly at the airport if a flight is significantly delayed or completely canceled. In such situations, many passengers wonder whether they are entitled to receive compensation from the airline. An unpleasant surprise may occur: the carrier invokes “extraordinary circumstances” and refuses compensation. Let’s clarify together what these situations represent, when airlines are allowed to reject a claim, and how you can act to enforce your rights.

What are extraordinary circumstances?

By extraordinary circumstances, we mean unforeseeable events that the carrier cannot control or prevent, even if it takes all reasonable measures. These usually include severe natural phenomena or rare incidents that endanger flight safety. This concept appears in Regulation (EU) 261/2004, the law that defines the rights of air passengers in the European Union and the situations in which airlines must grant compensation. When such circumstances are invoked, the carrier must provide clear evidence, not just brief explanations.

The European legal framework: air passenger rights

Regulation (EU) 261/2004 establishes the basic rules for passenger protection. If your flight departing from or arriving in the EU is delayed by more than 3 hours, canceled, or you are denied boarding (a situation frequently encountered in overbooking, meaning selling more tickets than available seats), you are entitled to request compensation. The amount of compensation depends on the flight distance and the length of the delay; you can consult this official price list to see exactly what amount you may be entitled to.

Every day, affected passengers request support and compensation for various incidents: from canceled flights to long delays or missed connections. Each airline must inform you about your rights and provide minimum assistance if problems arise: meals, drinks, accommodation, or transport if necessary. Clear situations and exceptions are explained in legislation, but their interpretation can still cause confusion.

How to identify extraordinary circumstances and which scenarios they include

The formal definition in European legislation is based on three clear criteria:

1. The event could not have been foreseen or avoided.
2. Control over the situation does not belong to the airline.
3. Even with rapid and reasonable actions, the carrier could not have prevented the impact on the flight.

Here are several concrete examples to help you correctly recognize such circumstances:

• Severe weather: When the airport is affected by violent storms, heavy snowfall, or dense fog, the pilot cannot take off safely. For example, if Bucharest is hit by an unusual storm and all flights are grounded, the situation is no longer under the airline’s control.

• Security risks: Threats related to a terrorist incident or interventions by authorities that block departures.

• Political instability: Massive protests or acts of violence at the airport that cause operational shutdowns.

• External strikes: Such as strikes by air traffic control staff or airport personnel, not by the airline’s own employees.

• Bird strike incidents: Engine damage caused by a bird strike on the runway, a relatively rare and difficult-to-anticipate event.

Examples of frequent situations in which compensation is refused

Airlines must clearly explain the reasons for refusing compensation. There are several cases where invoking extraordinary circumstances is objectively justified:

• Adverse weather conditions: All flights at the respective airport are suspended due to snow or storms, not just a single flight.

• External strikes: If air traffic control staff at the airport go on strike, the airline cannot take any measures to resume operations.

• Wildlife-related incidents: Encounters with birds or animals on the runway that affect the aircraft.

• Unruly passenger: A passenger creates a serious security issue, and the crew decides to delay departure.

• Urgent medical cases: A serious health issue involving a passenger or crew member requires returning to the gate or making an emergency landing.

On the other hand, if the delay occurs due to factors that can be managed by the airline (such as internal organization or aircraft maintenance), compensation must be granted.

When airlines remain responsible for compensation

European legislation and courts do not allow airlines to invoke extraordinary circumstances for any type of incident. Below are situations in which the carrier must take responsibility and compensate affected passengers:

• Routine technical defects: Technical issues caused by normal wear and tear or lack of scheduled maintenance fall under the airline’s responsibility.

• Internal strikes: If the carrier’s own staff, such as pilots or cabin crew, decide to strike, the airline cannot transfer responsibility.

• Administrative errors: Planning mistakes, staff shortages, resource management errors, or overbooking cases.

• Poor connection management: If a delay or cancellation affects a connecting flight and the airline is at fault, the passenger may claim compensation.

What documents and steps you can take to file a claim

If the carrier mentions “extraordinary circumstances,” request supporting documents: airport reports, weather bulletins, official records of the disruption, or documentation of the external factor involved. If you are not convinced by the response received, follow these steps:

1. Contact the airline’s customer service and request official written explanations.
2. Submit a complaint via the dedicated online form, attaching supporting documents (ticket, boarding pass, emails, photos of the flight information board, etc.).
3. If the refusal persists or you do not receive a response within a reasonable timeframe, contact the national civil aviation authority.
4. You may use dedicated claim management platforms that help you track your request and receive a reasoned response.

The standard deadline for claiming compensation is 3 years from the date of the flight, according to EU legislation. For details about the required bureaucracy and additional useful documents, you can consult this page about compensation for canceled flights.

What rights remain valid even if you are not entitled to compensation

Even in exceptional situations where you do not receive financial compensation, airlines must provide minimum assistance during the waiting period: meals and drinks for long delays, accommodation if an overnight stay is required, and transport between the airport and the accommodation. When a flight is canceled or delayed by more than 5 hours, you may choose between rerouting or receiving a refund of the ticket price.

Additionally, if your luggage is lost during such complications, you are entitled to receive additional compensation for lost baggage.

Useful recommendations for protecting your rights in case of disrupted flights

To minimize risks and ensure you do not miss any benefits, follow these recommendations:

• Always request the reason for refusal in written, detailed form.

• Use a compensation calculator to quickly determine the amount and the steps to follow.

• Submit your claim as soon as the issue occurs; timing matters for the effectiveness of the process.

• Keep all relevant documents until the case is fully resolved.

Remember: proper information and prompt action help you avoid financial losses and inconveniences during your travels.

Frequently asked questions

How do you know if you are entitled to compensation?
The flight must depart from the EU or be operated by an EU-based airline. Your claim is valid only if the issue encountered is not due to extraordinary circumstances.

How can you identify the type of strike?
If the strike affects only the airline’s employees and not airport staff or air traffic authorities, responsibility lies with the carrier.

How do you distinguish a normal incident from an extraordinary circumstance?
If the carrier could have prevented or managed the situation differently, the incident cannot be considered an extraordinary circumstance.

Which documents support a claim?
Keep your flight ticket, boarding pass, all official communications with the carrier, and any evidence of additional expenses incurred.

Are ground assistance and related services always provided?
Yes. Even if the reason for the delay or cancellation is justified by extraordinary circumstances, the crew must ensure you have access to food, accommodation, and information.