If your flight was delayed or cancelled for three or more hours, you may have heard airlines claim ‘extraordinary circumstances’ to absolve them from paying compensation. But what does this term mean, and how does it impact your right to compensation for any flight delay or cancellation?
What are ‘extraordinary circumstances’?
In flight compensation law, ‘extraordinary circumstances’ refer to events beyond the airline’s control that could not have been avoided even if the airline had taken all reasonable precautions. According to EU Regulation 261/2004, which remains in force in the UK post-Brexit, airlines are not required to compensate passengers if the delay or cancellation was due to:
- Severe weather conditions
- Acts of terrorism or sabotage
- Security risks
- Political instability
- Strikes (not involving the airline’s employees)
- Hidden manufacturing defects impacting flight safety
- Any other situation deemed ‘extraordinary’ that could not have been avoided with reasonable measures
This rule protects airlines from financial liability in genuinely uncontrollable situations. However, its application is often contentious, with airlines frequently invoking this defence to avoid paying compensation.
The British Airways case: a game-changer for passengers
In a landmark case, British Airways (BA) tried to use ‘extraordinary circumstances’ to avoid compensating passengers for a flight delay due to pilot illness, arguing it was beyond their control. The case went to the Supreme Court, which ruled in favour of passengers. The court found that BA should have had contingency plans to manage foreseeable issues like staff illness.
This ruling has major implications for passengers:
- Airlines must prove they took all reasonable steps to avoid or minimise disruption, even in challenging situations.
- Contingency planning is now seen as a crucial factor in assessing whether an event was truly ‘extraordinary.’
- Passengers are in a stronger position to claim compensation when airlines fail to adequately prepare for disruptions.
- It is now easier to challenge compensation refusals based on the ‘extraordinary circumstances’ defence.
The Microsoft IT outage flight delay case
In July 2024, a Microsoft Windows/CrowdStrike IT outage caused chaos for thousands of flights. This is a prime example of airlines attempting to use ‘extraordinary circumstances’ to avoid paying compensation. However, legal experts believe that the BA case sets a precedent that could work in passengers’ favour. If the airlines did not take all reasonable measures to prevent or minimise the impact of the outage, passengers could argue the disruption was avoidable, and compensation should be paid.
What this means for all flight delays of 3+ hours
Passengers should not automatically accept ‘extraordinary circumstances’ as a valid reason for denied compensation. Whether an IT failure, staff shortages, or any other cause of delay or cancellation, airlines must prove they did everything they could to avoid the disruption.
If your flight was delayed for more than three hours, you may be eligible for flight delay compensation, regardless of whether the airline claims extraordinary circumstances. If you have had a compensation claim rejected on this basis, we might be able to help.
Are you eligible for flight delay compensation?
You could be entitled to compensation if your flight was cancelled or delayed for more than three hours. The law is on your side, and airlines cannot use ‘extraordinary circumstances’ as a blanket defence without scrutiny.
Use our simple eligibility checker to see if you qualify for compensation. If you do, we’ll connect you with a UK law firm that can help you pursue your claim on a no-win, no-fee basis (T&Cs apply).
Join the Claim connects consumers with SRA-regulated lawyers. Visit the claim page to check your eligibility if a claim is open with one of our trusted legal partners. If a group action has not yet been launched, you can register your interest and we’ll keep you informed if a partner firm decides to take a claim forward.
