Extraordinary Circumstances
What is meant by ‘extraordinary circumstances’?
You will not be entitled to compensation for denied boarding, long delays or flight cancellations if these events were due to:
“ … extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.”
This term is not defined in the Regulations although some basic guidance is given in the Preamble. In addition the European Court of Justice has also provided guidance and the European Commission has published Interpretive Guidelines.
These events listed in the Preamble to the Regulations are 'deemed' to be extraordinary circumstances:
Political instability
Meteorological conditions (bad weather)
Unexpected flight safety shortcomings
Strikes that affect the operation of the operating carrier
Air traffic management decisions
Examples of such events include:
Airports closed by drone incursions
Volcanic ash
Political unrest
Bird strikes
Strikes by staff not employed by the carrier
Terrorist threats
Examples of events which are not deemed to be extraordinary include:
Staff shortages
Wildcat strikes by the carriers own staff
Routine maintenance problems that are inherent in the operation of the airline – but not hidden manufacturing faults
A set of mobile stairs colliding with an aircraft is regarded as inherent in the operation of an airline
However it is for the carrier to prove that there was an extraordinary event and also to show that it was that event that caused the delay and that it could not have been avoided by taking all reasonable measures.
For instance light snow at an airport in a winter sports area might not amount to extraordinary circumstances. If bad weather causes delays that might be regarded as extraordinary but if this has a knock on effect for later flights it might be argued that these subsequent delays are down to the carrier not taking reasonable measures to prevent the delays – perhaps by not having enough crew or spare aircraft on standby.