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Your flight angels

Jakub Havej, CEO

If you’ve ever experienced a flight disruption and claimed your compensation with an airline, you were most probably confronted with a term extraordinary circumstances at least once. It can be also referred to as “force majeure”, or “act of God”, but whatever we call it, it’s the most common tricky phrase used by airlines to refuse your claims even if you are legally entitled to compensation.

I promise that once you read this post, it’ll never happen to you again because I’ll tell you all the secrets that are hidden behind this magic formula. In fact, I’m going to reveal our own know-how as this topic is an important part of our training program for new employees.

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Let’s begin with a brief history.

The term of extraordinary circumstances first emerged in the Montreal Convention (Convention for the unification of certain rules for international carriage by air). Subsequently, it was adopted by the Regulation (EC) No 261/2004  which has shaped an interpretation of this term primarily in relation to all EU outbound flights as well as to EU inbound flights operated by EU-based airlines.

The legislation specifies that an operating air carrier shall not be obliged to pay you any financial compensation for a delayed or canceled flight, if it can prove that the delay or the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

Seems messy? Be sure it is.

Although we’ve helped thousands of travelers, we still have endless internal discussions at ClaimAir about this single issue.

Having said that, if you want to successfully claim your compensation by yourself instead of using our risk-free service, you simply need to go deeper and understand core principles used by National Enforcement Bodies or relevant courts, who are the only entities responsible for the evaluation of these events on a case-by-case basis.

No worries, I’ll tell you later in this article all details you need to know.

First, let’s dissect this legal provision.

You always have a right to care, reimbursement, or alternate flight Click To Tweet

It’s clear that it covers only financial compensation, so even if extraordinary circumstances occur, you still have a right to care (meals and refreshments, hotel accommodation, transport between the airport and place of accommodation), reimbursement of your flight ticket, or alternate flight.

Remember the volcano eruptions in Iceland in 2010 and 2014? Many airlines almost got bankrupted because they had to take care of their passengers.

In case your flight is affected by volcanic eruption, airlines must take care of you

The provision also speaks solely about flight delays and cancellations. So, when airlines deny you boarding (e.g. as a result of overbooking a flight), extraordinary circumstances are out of the game.

Airlines must always pay you compensation unless they give you clear evidence of extraordinary event

Airlines must prove that the delay or cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

How can anyone know whether such an event could have been avoided? And how reasonable should reasonable measures be? Of course, most passengers don’t have the answer to this.

Not only is it difficult to answer these questions, but it’s also usually impossible to get these details from airlines.

They are obliged to provide you with evidence of extraordinary circumstances and what measures have been put in place in order to avoid them, but they regularly break the law with hopes that people will give up rather than continue pursuing their claim.

Airlines must always pay you compensation unless they give you clear evidence of extraordinary event Click To Tweet

It was also pointed out by a court that an airline can be required to organize its resources in good time so that it’s possible to operate a scheduled flight once the extraordinary circumstances have ceased.

It means that even though extraordinary circumstances really occurred, it doesn’t necessarily need to be a reason for an airline to be exempted from paying financial compensation.

For instance, when there is a strike of air traffic controllers (which is extraordinary circumstance certainly) that comes to an end half a day before your scheduled time of departure, an airline has to be ready to operate your flight as scheduled. If it doesn’t happen, the occurrence of extraordinary circumstances doesn’t count and an airline is obliged to pay you financial compensation.

Given this fact, your initial aim is to get evidence of the extraordinary circumstances.

Once you have it, you’ll need to figure out how to work with it.

Believe me, this step can be pretty challenging itself.

Incomplete or vague reasons of flight disruptions are always suspicious

As a rule of thumb, when airlines refuse to provide you with evidence of the reason behind flight delay or cancellation, it means they have something to hide, which is always suspicious.

Some examples of vague or incomplete explanations are: “operational issues”, “airport limitations”, or “unexpected flight safety shortcoming”.

Nobody knows what this means so it would be impossible even for courts to make a decision whether it’s extraordinary or not.

Evidence of bad weather is NOT a business secret

You may also face an airline claiming its inability to provide you with official evidence is due to internal policy or confidential information.

Nice try, airline!

The proof should be provided free of charge in line with national provisions regarding access to documents. And no, a weather report is not confidential information.

When an airline provides you with clear evidence of extraordinary circumstances, it’s usually true and conclusive.

Now I can hear you asking: “What can be considered clear evidence? How can I trust the airline doesn’t lie to me?”.

The evidence must be either from official sources, like logbooks, incident reports, or from independent third parties like airports and air traffic controllers.

It can also be helpful to listen to the captain before your flight takes off. He usually doesn’t have any reason to deceive you, so you can later consider his statement when evaluating an airline’s claim.

Once, we received the following “certificate of flight irregularity” issued by Hainan Airlines itself.

This is the EPIC guide on what to do when your flight is delayed or cancelled

The airline really thought that we would accept such self-issued evidence and close the case.

There’s no way we would give up that easily.

We took the case to court and it turned out that the bad weather argument was just an airline’s attempt to hide a technical problem with an aircraft.

As a result, our clients were given €600 compensation each.

On the other hand, once you get the evidence from official and independent sources, my recommendation is to trust them.

Even when you believe that weather wasn’t bad enough to impede a flight, airlines aren’t always the bad guys. The aviation system is complex and an event behind your flight disruption is sometimes really out of their effective control, so you can’t always blame them.

When is extraordinary really extraordinary?

This is the million dollar question. Literally!

But I have the answer and I’ll give it to you for free.

Ready? This is going to be challenging.

There are countless discussions and definitions all over the internet, which can be pretty misleading as this issue evolves all the time (that’s why this post is regularly updated, so don’t worry about it being up to date here!).

As previously stated, the basis has been established by the Regulation (EC) No 261/2004.

As time went by since 2004, there have been many judgments by the Court of Justice of the European Union that have further ruled and clarified the term “extraordinary circumstances”.

Moreover, there are also so-called National Enforcement Bodies (NEB) in every EU member state. These are entities responsible for the enforcement of the regulation and perform surveillance of airlines regarding the rights of air passengers.

They held a meeting in 2013 when they released a document called “Draft list of extraordinary circumstances”.

It’s just a simple PDF document, and as usual, they didn’t forget to mention that it’s just for information and guidance and that the list of extraordinary circumstances is non-exhaustive and non-binding.

Well done, European Union.

It has done more harm than good. For example, the “unexpected flight safety shortcomings” mentioned earlier came from this document. And of course, airlines have immediately started using it for their own sake – referring to this misleading document and more importantly, wrongly pretending the list is exhaustive and legally binding.

This is what Her Honour Judge Melissa Clarke recently said when ruling a lightning strike court case:

“I give no weight to the list. It is not legally binding. It is clear from its long list of deletions and amendments, arising from changes enforced upon it by decided cases, that the Civil Aviation Authority’s view on what should be considered extraordinary circumstances for the purposes of Article 5(3) has often been at odds with that of the courts. I cannot see that it helps me at all.”

But there is still one paragraph that I found useful when determining the essence of a disruptive event:

The extraordinary event has to be unpredictable, unavoidable and external Click To Tweet

The Court of Justice of the European Union took this further since the following statement repeatedly appeared in its judgments:

The extraordinary event is not inherent in the normal exercise of the activity of the air carrier and is beyond the actual control of that carrier on account of its nature or origin.

It isn’t rocket science and if you remember these core principles, you’ll be able to determine the most exceptional events by yourself.

I’ve put together the following list of all possible events, so you get an idea how to deal with your specific situation.

The list is based on all judgments, interpretative guidelines, our own experience at ClaimAir, and the hundreds of comments on this blog post. I hope you’ll find it helpful.

Technical problem with an aircraft

Airlines must pay compensation in case of technical problems with an aircraft

The Wallentin-Hermann case (C-549/07) clarified that a technical problem with an aircraft that was detected during aircraft maintenance or that is caused by failure to maintain an aircraft can’t be considered an extraordinary circumstance.

The van der Lans case (C-257/14) opened this issue again, and finally on September 17, 2015, it was settled that even though a technical problem occurs unexpectedly, since no component of an aircraft lasts forever, dealing with technical problems is inherent in the normal exercise of the airline’s activity. It really can’t be regarded as an extraordinary circumstance.

Hidden manufacturing defect

A hidden manufacturing defect is a kind of technical problem with an aircraft that establishes grounds for extraordinary circumstances.

The difference with the above-mentioned “common technical problem” is that it must be revealed by the manufacturer of the aircraft or by a competent authority.

Airlines are liable for 99% of technical problems with an aircraft and must compensate you for delays Click To Tweet

Be sure it happens rarely, so 99% of technical problems with an aircraft are ordinary ones and therefore out of scope of the extraordinary circumstances definition.

Bad weather conditions

This is the EPIC guide on what to do when your flight is cancelled due to bad weather

This part is both complex and uncertain.

Historically, bad weather conditions were always a basis for extraordinary circumstances as it’s an unavoidable and external event.

However, with a view to other court rulings stating that extraordinary event occurs only when it is not inherent in normal exercise of the airline’s activity, it can be expected that only extreme weather conditions like volcanic eruptions, thunderstorms, hurricanes, etc. will be within the scope of this definition.

Don’t forget that weather conditions need to be evaluated at the airport of departure, the airport of arrival and along the intended flight path of the aircraft.

For now, I’d recommend you request clear evidence of weather conditions incompatible with the safe operation of the flight and if necessary, file a complaint with respective National Enforcement Body.

Lightning strikes

Judgments of the Court of Justice of the European Union establish legally binding rulings that must be followed by other courts.

Before such judgements are made, there are usually several lower court and appeal court proceedings. These initial decisions are not legally binding for other courts but they can still give you an overview of how courts are thinking about the issue.

Lightning strikes is exactly such a case.

On January 14, 2016, the appealing Reading County Court in the United Kingdom ruled in favor of passengers Michael Evans and Julie Lee who have sued Monarch Airlines Ltd. The court awarded them €600 each for a five-hour flight delay resulting from a lightning strike that hit and damaged an aircraft.

The decision is based on similar principles like technical problems with an aircraft.

Lightning strikes don’t pose any significant risk to aircrafts and commonly happen all the time. Therefore, it’s again inherent in the normal exercise of the airline’s activity and as such it cannot be considered extraordinary.

If flight disruption is inherent in the normal exercise of the airline’s activity, compensation is due Click To Tweet

As previously mentioned, this ruling isn’t globally binding for other courts.

It’s expected that this decision will be soon followed by a judgment of the Court of Justice of the European Union.

Until it happens, you must take into account that lightning strikes cases will be ruled on a case-by-case basis. But at least you have an idea how this evolves.

Collision of mobile boarding stairs with an aircraft

This is the EPIC guide on what to do when your flight is delayed or cancelled

This issue was ruled by the Siewert case (C-394/14) confirming that mobile stairs are an indispensable part of air transport and hence inherent in the normal exercise of the airline’s activity. Based on it, a collision of mobile boarding stairs with an aircraft isn’t considered extraordinary circumstances.

One of our commenters raised a question about a truck hitting a plane whilst it was at the gate. I believe that the situation is the same as with mobile boarding stairs.

Bird strikes

Bird strikes are not extraordinary circumstances

This was expected to be the blow of the year. Airlines constantly argued that bird strikes are extraordinary circumstances and therefore that financial compensation is not due.

So, there was a Czech case where the Court of Justice of the European Union initially gave an opinion that the court doesn’t consider bird strikes an extraordinary circumstance and therefore airlines should compensate affected passengers. As usual, the opinion was not legally binding, thus we all eagerly waited for the official judgment so similar cases could have been enforced by using this precedent.

The judgment came on May 4, 2017, and it has surprisingly ruled contrary to the opinion. As a result, a collision between an aircraft and a bird is classified under the concept of extraordinary circumstances.

Personnel strikes

If a strike relates to airline personnel like pilots or cabin crew members, an airline is always liable and this kind of strike cannot be considered an extraordinary circumstance.

The situation is different with strikes unrelated to airlines.

When a strike is held by air traffic controllers, ground handlers, or airport staff, it’s really out of airlines’ effective control and regarded as an extraordinary circumstance.

Crew out-of-hours

There are some restrictions on how long a crew member’s shift can be.

It is a responsibility of airlines to maintain its crew operating limits properly and reserve some time in order to cope with slight delays.

Based on it, crew out-of-hours is not an extraordinary circumstance.

Medical grounds

This is the EPIC guide on what to do when your flight is delayed or cancelled

When a passenger or crew member becomes seriously ill or dies on-board or during the flight, it constitutes grounds for extraordinary circumstances.

Security and in-flight safety issues

War, acts of terrorism or sabotage, political or civil unrest, or general security risks are undoubtedly within the scope of extraordinary circumstances.

Even though technical problems with an aircraft are tightly connected to safety issues, when something wrong occurs with an aircraft during a flight itself, it is considered an extraordinary circumstance as well as it should never normally happen.

Air traffic management

If Air Traffic Control suspends or restricts operations either out of the airport of departure, into the airport of arrival or into or out of a block of airspace through which the air carrier must travel in order to operate the flight, this event can be considered an extraordinary circumstance.

Airport operations and limitations

Several people commented this article with the following reasons for flight disruptions:

  • Flight delayed and diverted due to a hole in the main runway at Gatwick Airport
  • Airport system failure
  • Flight command tower suffered complete system malfunction

All of these events are not inherent in the normal exercise of the activity of the air carrier and are beyond the actual control of that carrier.

Moreover, these events are unpredictable, unavoidable and external.

Based on this, these issues are considered an extraordinary circumstance thus financial compensation is not due.

Other commenters wrote the following reasons for flight delays:

  • Waiting for passengers to board the aircraft
  • Intended baggage offload due to missing passenger

I’m sure you already know the answer… yes, these are certainly within a control of airlines and are a part of their daily routine thus can’t be regarded as extraordinary circumstances.

Delay of previous flight

This one is tricky.

It’s clear that a single event can affect multiple flights by triggering a chain reaction. But it doesn’t mean that an “extraordinary issue” preamble can be called for every flight disruption in the chain.

The Eglītis et Ratnieks court case (Case C-294/10) can be used for this particular scenario. It has mentioned that an airline can be required to organize its resources in good time so that it’s possible to operate a scheduled flight once the extraordinary circumstances have ceased, that is to say, during a certain period following the scheduled departure time.

Airlines should operate the flight once the extraordinary circumstances have come to an end Click To Tweet

In particular, the air carrier should provide for a certain reserve time to operate the flight in its entirety once the extraordinary circumstances have come to an end.

And why is this tricky?

Because such reserve time is assessed on a case-by-case basis, obviously because one size doesn’t fit all.

Imagine that the available resources of airlines will generally be higher at the home base compared to outbound destinations, so a different reserve time is needed.

Still looking for an outcome?

Just follow my first recommendation and require an airline to provide you with clear evidence of extraordinary circumstances. Once you get it, I strongly believe that thanks to this blog post you’ll know how to handle it like an expert.

Also, do remember that you are always entitled to financial compensation unless an airline proves that the delay or cancellation is caused by extraordinary circumstances.

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Now It’s Your Turn…

Now that you’ve seen how to handle the “extraordinary circumstance” preamble, I’d like to hear from you.

What do you think of the claim process of airlines?

Or maybe you have a question coming from you own experience with air travel.

Either way, leave a comment quick below, I’ll be around to reply to comments and answer questions.

  • Ágnes Sívó

    Hi Jakub,
    Your blog is very helpful!
    I have a recent claim refused by Ryanair.
    I was flying from BUD to BRS, and my flight was delayed by 6hrs. The cause was technical issue, nothing else said at the airport. We got 2 croissants, 1 bar of chocolate, 1 orange and 2×0.5L of water during the 6 hrs wait.
    Once I have filed my claim, they got back to me with the following:
    -‘We note that refreshment vouchers were issued according to the time of delay’
    -‘The delay caused to an unexpected technical fault caused by lighting strike’
    -‘However, as this delay was unexpected and therefore outside of Ryanair’s control (extraordinary circumstances) we regret to advise that no monetary compensation is due.’
    As I read the list of the extraordinary circumstances, the lighting strike is not under technical fault, but not sure if this is a good enough reason to apply for the compensation again?
    Also, the aircraft was already at the gate, we were already checked in, and queuing at the gate, when after 45 minutes of wait the ground crew sent us back to the main lobby. I have seen the pilot & cabin crew arriving on a bus to the aircraft, so it makes me question how extraordinary this technical issue was? I am not an aircraft engineer, but if a lighting strike hits the aircraft, the airline should know about it way before the gates are open…
    I am awaiting for your opinion on this 🙂
    Regards,

    Agnes

    • Hi Agnes, there will always be some issues about what is considered extraordinary and what is not. To keep it short, your case should not be considered extraordinary and Ryanair should pay. There was also a court case in the UK confirming this statement, but since it was ruled by a court of a first instance it can’t be used globally – but it can still give us an idea how courts are thinking. If you like us to pursue the compensation for you, please register your claim through our website. Many thanks, Jakub

  • Matt F

    Hello, thank you for the very informative website – I stumbled across this searching to see if a flight cancellation for a crew that ran out of hours was considered something “within the control of the company”, which is the wording United uses to determine if they will pay for food, lodging, transportation etc…I recently booked a flight that arrived at the gate an hour late, for what they claimed was a weather delay. They asked us to board as quickly as possible as the crew was running up against its limit. We pulled away from the gate and were in line to take off off, but the captain had to pull back to the gate because they would not have gotten off in time. The airline put my on a flight from a different airport the following day, but did not pay for a hotel, food, or transportation costs because they said it was a weather delay(from the previous flight being an hour late). Do I have a case to make that this was within the company’s control and they should reimburse my expenses? It seems like only leaving an hour window when flying into a busy airport(LGA) is taking a very large risk of cancellation. thank you!

    • Hi Matt, I hope you already found the answer in this blog post – yes, “crew out of hours” is not considered extraordinary and the airline is liable. But as you certainly realized, airlines often try to do everything possible to get rid of their responsibility. We would happily mediate the case for you to bring you the compensation… please register your case through our website or reach out to us via claims@claimair.com. Many thanks, Jakub

  • steh-fan

    Hi Jakub, thanks a lot for all the help you’re providing here. I don’t mean to hitchihke Dan’s question here and describe my case, but the question is, what comes after the National Enforcement Bodies that have evaluated the incident? I my case, they (Luftfahrtbundesamt) already did and fined the Airline (Iberia) because they found compensation is due (ironically in the same amount of the due compensation). However, Iberia is still not willing to pay (at first they were, but now send a letter that was sent out in error). I have the case currently reviewed by the German Department of Justice (Schlichtungsstelle), but they only give recommendations. Do I see it correctly the only way after that would be going to court???

    • Hi Stefan, thanks for sharing the details with us. Indeed, the only way is to take the airline to court. It’s a bit ironic that the National Enforcement Bodies can fine airlines for breaching the rights of air passengers but have no power to force them to pay the amount due. Would you like us to litigate your case through our legal partners? Thanks, Jakub

      • steh-fan

        Hi Jakub, thanks for the fast reply. I also find it ironic, that the airline pays the fine to the national enforcement body within days, and let me wait for months, still claiming extraordinary circumstances, even after the enforcement body found otherwise.
        Maybe you can send me the conditions for your legal partners off-line?

        • Hi Stefan, how is it going? Have you settled this matter with the airline?

          • steh-fan

            Hi Jakub, Thanks for asking! Unfortunately, it’s still pending. They did not react to the arbitration process by tbe German ministry of justice, so my only option left os going to small claims court. At the moment I’m uncertain which one I need to go to – my home county, the destination county, or the country the airline is headquartered (which would be Madrid)….

          • It’s true that this can get really complicated and confusing. What’s the value of your claim? There are no lenghty conditions – if we evaluate your claim as economically feasible, we’d take over your case and would forward your case to our legal partners. We work on “no win – no fee” basis, but once legal activity needs to be conducted we ask our clients to pay us the €30 one-time legal fee. We’d then cover all legal costs. Please move this conversation to email – contact us at claims@claimair.com if you’re interested to discuss this more. Thanks, Jakub

  • Mifi Lai

    Hi Jakub,

    I took a flight from Helsinki to Hong Kong,which was delayed for 8 hours.I wrote to compensate from Finnair,they told me the delay was caused by a mistake in manufacturing or design/engineering process.(landing gear hydraulic hoses were broken from both main landing gears,airbus a350).I checked through your article,is one kind of extraordinary circumstances.They agreed to pay me eur200 voucher.Do you think this is a good offer?

    • Jakub Eliáš

      Hello Mifi, as you have mentioned this kind of problem is considered as extraordinery circumstances – because of occurrence of manufacturing defect. Thus, you can try to negotiate in order to get more but you don’t have almost any leverage for it and so it’s probably the best offer which you can get. There would be a possibility to get more via Montreal convention and its Article 19 but only in case of some expenses stemming from the delay like missed connecting flight and was forced to buy a new flight ticket on your own expenses. For that particular case you would get the amount of your expenses in full. Hope it helps and good luck!

  • Paul E

    Hi Jakub,

    I was just wondering if my situation could be considered extraordinary circumstances. On Sunday 5th June I was due to fly MAN-BSL on EasyJet flight 1811. 30 mins prior to departure this flight was cancelled due to a computer failure at Hamburg. The inbound flight I believe was EasyJet flight 1846 from HAM to MAN. Due to the computer failure in Hamburg, this flight was delayed and landed 77 mins late. In its self I would consider a computer failure extraordinary circumstances, however this only delayed the incoming flight, is this grounds for cancelling mine?

    • Jakub Eliáš

      Hello Paul,

      Firstly, I have to mention that the regulation is quite unclear in this matter. Regarding the reason of your flight delay, well it could be considered as a non-extraordinary assuming that problem should has been found during maintenance before the particular flight. However, that it influenced your flight is questionable. By my opinion it shouldn’t be considered as extraordinary circumstance but as I have mentioned, regulation is unclear and thus there might be necessary to have some judgment from CJEU. Let me know if you have any further questions!

      • Paul E

        Sorry I should have clarified a little better. The Inbound fight was delayed due to a failure of Hamburg Airports systems not those of the airline.

        • Jakub Eliáš

          In that case, I would say that it could be an extraordinary circumstance because the airline wasn’t able to prevent it. The flight from HAM to MAN was influenced directly, so extraordinary by my opinion. However, that your flight was cancelled wasn’t directly caused by extraordinary circumstance and so it is possible that it wouldn’t be evaluated as extraordinary circumstance. But again, it is not really clear. Hope it helps a bit

          • Paul E

            Yeah that helps thanks. Still waiting to hear back from them, will push but not get my hopes up.

          • Paul E

            Well I finally heard back. They are claiming “crew issues”, I assume they mean crew out of hours which I believe not to be extraordinary. However they seem to believe different. Here is their response

            “Having looked at the details of your flight EZY 1811, I can confirm that the reason for your disruption was due to crew issue. This event is classified as “extraordinary” under EC Regulation 261/2004 as it was outside of our control. This means that in this instance there is no compensation payable.The compensation rules set by the EU clearly state that if the disruption is within our control you are entitled to compensation and if it considered ‘extraordinary’ then no compensation is payable.”

          • Jakub Eliáš

            Hello Paul, well crew issues aren’t considered as an extraordinary that is clear. However, this happens quite often, airline is trying to refuse even clear facts and relies that most of the people won’t forward the case to the court. For these situations is probably the wisest solution to let the case take over by companies, which are able to take it to the court as for example ClaimAir might be the solution. Let me know in case of any further question and have a nice day Paul!

  • Leon Finn

    Hi Jakob,

    I was recently delayed on a BA flight Mexico city returning to LHR, the incoming flight was struck by lightning, which BA claim as extra ordinary circumstances. It is my understating the claim always relates to the scheduled flight I am claiming for not the actual incoming flight. B.A had hours of foreknowledge (at least 4) that the arriving aircraft would need inspection if a lightning strike did in fact occur. It would appear BA did not use the resources at it disposal to ensure my flight was on time (I.e the intolerable clause) they could of arranged or leased another aircraft, or rescheduled passengers onto flights that at the reported time of the lightening strike to the incoming aircraft had yet to depart from Mexico city?

    I have read many conflicting answers, perhaps a concensus can be offered:
    – is a lightning strike to the incoming aircraft a exceptional circumstances ?
    – do exceptional circumstances incurrred by the prior flight get automatically applied to all subsequent delays to the schedule or is each flight to be assessed seperately.
    – given I checked in at least 3 hours prior to the flight at which point I was given a letter by BA advising the incoming aircraft had flown through a thunderstorm, thereby prior notice exceeding 3 hours did BA use the resources at their disposal

    • Jakub Eliáš

      Hello Leon,
      I’m going to try to answer using regulation 261. Given by the Article 5 (3) – „an operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.” Meaning that if the operating air carrier cannot prove that it has been done everything to avoid the problem, even extraordinary circumstance should be compensated in accordance with Article 7. However, what “all reasonable measures” mean is unclear and can differ. Recently UK court made a decision in a very similar matter in favour of passengers. So I would say there is a good chance for you to be compensated.

  • O

    Hi Jakub, nice article 🙂

    Question in relation to Strikes which I am confused about due to various information sources which I hope you can answer…

    My current knowledge and situation, please correct if I am wrong:
    1) Strikes by non-airline personnel such as air traffic control, ground personnel, etc are considered as extraordinary circumstances.
    2) Strikes by airline personnel such as pilots, cabin crew, technicians, etc are not considered as extraordinary circumstances.

    SAS this year has had several strikes by their pilots. Last week they announced strikes in Norway and Stockholm. During negotiations in Norway they came to an agreement and there was no Strike. In Sweden the strike was scheduled for Thursday, the negotiations in Sweden were less successful, as they continued the discussions and the pilots rescheduled the strike for Saturday, they never came to an agreement and the Strike took place on Saturday. We only found out about all this afterwards.
    The day before the flight we were send a link by the airline to check-in on line. At night, 9 hours before the flight we were able to check-in online. Arriving at the airport we were informed that the flight was cancelled due to the pilot strike. We were at Gothenburg airport at 5am, flight was originally at 7am, and we were supposed to arrive at our destination in Helsinki 10am with one stop-over. We were given a letter stating that we were entitled to meals and refreshments if the waiting time is longer than 2 hours (is there somewhere stated there is a minimum time before they should offer something?) but the letter mentioned nothing about compensation as written in the law. In the end we were re-routed and were put on a flight departing at 3pm (8 hours later than our original departure time) and arriving at our destination at 11pm, 13 hours later than our original arrival time. We were not offered anything, not sure how they can assume people can be the whole day without drinks or meals.

    Taking the distance into consideration the compensation should be 250€/travelling person for cancellations.

    So in the above situation where it is clearly nothing extraordinary as its simply that the airline has issues with their staff and can’t manage to keep their staff happy and working should we receive the compensation? Or can they really write this of as an extraordinary circumstance?

    • O

      Additionally due to the delay, our work in Helsinki was rescheduled, which meant that the we were not able to use the return flights, with a different airline but booked under the same reservation, and had to book new return flights.
      Should we get a refund for the return flights that were on the same reservation as this was caused by the strike?

    • Jakub Eliáš

      Hello O :),

      In general, strike is considered as an extraordinary circumstance. Well it’s true that you can compartmentalize it to industrial and airline but it is not specified within the regulation, so some CJEU judgement would be desirable. I mean it is obvious that airline should bear responsibility for strikes of their own employees. Maybe in the future we will see a judgment on this topic, it would be kinda logical conclusion.

      Regarding the mentioned limit on refreshment, that is not true. Article 6 (c) clearly states that the assistance shall be offered in case of flight delay beyond its scheduled time of departure – no time specification.

      That you had to reschedule your flight, in my opinion should not being covered by regulation 261. However, you might try to use Montreal Convention and its Article 19 – because you are able to prove your “damage” or expenses in monetary terms (buying alternative flight ticket) and get the money spent on it back.

      Hope it is at least a bit helpful 😉

  • Zico Broekstra

    Hi Jakub,

    we also had a delay due to a closed runway, it was all over the news; http://www.bbc.com/news/uk-england-sussex-36512630 .
    We flew from Amsterdam to London and had a connecting flight from London Gatwick to Lima Peru with BA, however we were delayed for over 6 hours which caused for the departure hall to fill up completely. We filled in the form for a compensation for the delay as the flight was from a EU (it still was) airport to an airport outside of the EU that was further than 3500 km away. Also the delay was over 4 hours which should give us right on a € 600,- compensation. However, they also came with the extraordinary circumstances argument. What would you advice, do you reckon we have a chance on a compensation?

    Regards,

    Zico

    • Hi Zico,

      it can’t be clearly answered as such scenario is not specified anywhere in the legislation. However, the runway closure is a sort of things that is unpredictable, unavoidable and external, so it can fit the definition of extraordinary circumstances, thus making the airline not obligated to pay the financial compensation. So generally speaking, you are not entitled to the compensation unless you pursue your claim through a court or at least the National Enforcement Body.

      Best,
      Jakub

  • daniel

    Hi Jakub: here is my situation. strike at brussels airport of baggage carriers. we arrive on friday afternoon in strasbourg on time. but our baggages only arrive on monday. Brussels airlines claims extraordinary circumstances – ok fair enough. However it turns out (based on newspaper accounts) that the strike was only a couple of hours long and that by friday evening at 19h an agreement was reached with the union and the carriers were back at work shortly theeafter. Nonetheless we only got our baggages on monday – three days later – obviously because brussels airlines does not have staff working on weekends. what do you think – can we still claim compensation for expenses incurred to make it through the weekend?

    thanks!

    daniel

    • Hi Daniel, I really thing they work over the weekend and that the delay was caused becouse of the mess the strike caused. Regarding the extraordinary circumstances, the carrier shall not be liable for damage occasioned by delay if it proves that it took all measures that could reasonably be required to avoid the damage or that it was impossible for it to take such measures. Based on it, unless Brussels Airlines provides you with the clear evidence, they are still liable and should compensate you for your expenses (don’t forget to keep all related receipts). I hope it helps, let me know if we can be of any help. Thanks, Jakub

  • Cognitive Dissonance

    What every one misses is that the regulation says that the airline has to PROVE an exceptional circumstance. This can only be done through an application to a court. No application – no exceptional circumstance. The airline should not get to say for instance what weather conditions constitute an exceptional circumstance. But they do and get away with it.
    The NEBs, and the EC will support the airlines
    The CAA have never once brought any airline to court in regards to the regulation and have no power to fine any airline, despite being the Uk’s NEB.
    In terms of duty of care – the airlines will say that only on the production of receipts will they compensate you. This is also confirmed by the EC. If you are poor, vulnerable, handicapped, don[‘t have the language skills, or just too scared to leave the airport then you sleep on the floor like an animal.
    The European Ombudsman has found this interpretation untenable.It is immoral, illegal and shows the true nature of the EC.
    The EU have done nothing to reign in the EC.
    Make of all this what you will.

  • James MacLean

    Icelandair have claimed the following “On July 27th last the flight command tower at Keflavik Airport suffered complete malfunction which resulted in all aircrafts being restricted from Icelandic Airspace. This caused major disruption to all aircrafts landing and departing from Keflavik Airport on July 27th and into the morning of July 28th”. They have refused me compensation.Does the above explanation fall into the category of extraordinary circumstances?

    • Hi James. Yes, this falls into the category of extraordinary circumstances as it was kind of unpredictable, unavoidable and external issue. Therefore, you are not entitled to the financial compensation but if you had extra expenses as a result of the delay/cancellation (e.g. food, hotel, etc.), the airline must refund you. I hope it helps. Cheers, Jakub

      • James MacLean

        Thanks for your reply. I would think that a backup computer system should be in place. How can the airline claim this is an exceptional circumstance when they are in full control of their set up?

        • You’re welcome, James. From what you wrote, it was the system of air traffic controllers (flight command tower) that broke down… the airline doesn’t have any control over it, thus it is extraordinary. Jakub

          • James MacLean

            Hi Jakub, I really appreciate your help and knowledge. So I have another question relating to my delay. Icelandair posted that there would be a 3 hour delay more than 3 hours before the scheduled departure. At no time did they offer an alternative flight with a diferent carrier. From what I have read under the EU regulations the airline should offer another carrier if they cannot deliver their service. As we were flying with Icelandair from ORD to Iceland and then on with them to London I feel that they should have offered this. What is your opinion on this point.

          • Hi James, since the flight is “just” delayed, it’s still expected that it’s going to be operated. In the case of your long-haul flight (Chicago – Keflavik), there is a trigger of 4-hours delay on a departure when the airline must provide you with a proper care (food, hotel, transfer to the hotel). When the delay is at least 5 hours on a departure, you can request a reimbursement of your flight ticket (and then buy another one on your own expenses). The obligation of alternate re-routing offered by the airline applies only in a case of airline’s inability to operate the flight (e.g. cancellation or denied boarding issues). Of course, if you missed your connecting flight as a result of the initial flight delay, the airline must provide you with re-routing under comparable transport conditions, but this wasn’t probably your case. Is it clear enough? Thanks, Jakub

  • Gwilym Boore

    we are having issues claiming compensation from Air France over a cancelled flight from Lille. They claim the flight was cancelled because of lightening disruption. However, the flight prior to ours was also cancelled as well the flight that was due to leave Lille the following morning. Three flights cancelled over one bit of lightening seems excessive.

    • Hi Gwilym, lightning strikes don’t fall into the category of extraordinary circumstances, so even if it was just a single lightning strike, you are still entitled to the financial compensation. We’d happily claim it on your behalf, let us know anytime. Thanks, Jakub

      • Gwilym Boore

        Hi Jakub – I may well be interested in your service. Have you got an email address that I can contact you on so that we can start a conversation.

        I’ve been away for a couple of weeks hence the delay in replying.

        • Hi Gwilym, now please accept my apology for the late response. Will you be able to register your case in our platform at claimair.com? Of course, you can always send an email to claims@claimair.com. Many thanks, Jakub

  • Ubk

    BA cancelled my flight less than 24 hours before departure. The say this was because of airfield limitations. I asked them for a proof (8 times by now) but they say they don’t provode evidence for data protection reasons? According to the airports no airfield limitations were in place. May BA refuse sending a proof?

    • Jakub Eliáš

      Hello there,
      Well, they shouldn’t refuse the request. However, it is quite common that the airline refuses to provide any kind of information regarding the flight. So, there are two ways – spamming the airline with the request (probably not very effective) or forward the case to some institution to which the airline is obligated to provide the proof (court or relevant National Enforcement Bodies) – you can use services which will take over your case and communicate with the institutions by themselves as well.

      Hope it helps and good luck!

  • Nebojsa Popovic

    Hi Jakub,
    my father supposed to fly with Croatia Airlines from Belgrade to Split but the original incoming flight flight from Split to Belgrade was couple of times delayed and finally cancelled on that day. They organized new flight next day in the morning hours.
    I sent them complain but they replied that the reason of cancelling was software problem on check-in system on Split airport and therefore they can not pay the compensation.
    Can you please advise if normal functioning of check in software is the responsibility of airline or airport and if this is the acceptable reason? Also, I would like to say that this was flight to Belgrade wad the only one cancelled on that day (some other flights had delays but not cancellations).
    Thank you ion advance

  • Fabio Polieri

    Hi Jakob, I’m italian so please forgive me if I’ll make some mistackes….
    I had a big problem with Lisbon airport; on the 27/08/2016 the chance to take the flight from Lisbon to Roma Ciampino operated by Ryanair was denied to me and my partner because of a Lisbon security staff’s strike.
    Because of this strike there was only a working metal detector and just 3 security staff members at the inspections; this situation caused an huge queue that forced me to stay for 2 hours in line before I could reached the security inspection; so me and my partner were unable to reach the gates at the right time and we have lost our flight. After this inconvenience the Ryanair company has offered us the chance to take another flight, on the 30/08/2016 and we accepted.
    Now I’d like to know who will pay for all the expenses incurred such as hotels, meals and such as, that I had to face from the 27 August 2016 till the 30 August 2016.
    In a confidential email Ryanair says that it rejects any responsability and it won’t recognize me any kind of compensation.
    A strange thing was that Ryanair before saying that thay will not give me nothing, asked me to send them the hotels and meals bill’s. So I did. But than they refused to pay.
    So I called the Italian Civil Aviation Authority call center’s and thay said me that if Ryanair gave me the reprotection on another flight thay must pay me all the expenses incurred from 27 to 30 August.
    Do you think that there is a possible solution to my problem?

    • Hi Fabio, it’s clear without any doubts that Ryanair should have provided you with proper care (meals & refreshments, hotel accommodation, transport from the airport to the hotel) as an addition to the alternate transportation (which was apparently provided). We’ll happily assist you with this and will do our best to get you your money. Will you register your case through our website at claimair.com? When registering the case, please specify the sum of your extra expenses and upload relevant invoices / receipts. Let me know if you need some help with it. Thanks, Jakub

      • Fabio Polieri

        Thank you Jakub for your help. I’m trying to fill the on-line form on the claimair website but I’m not sure what to click when it’s ask me to chose between “flight delay; flight cancellation; denied boarding” because as I said the flight was not delayed or cancelled but I were unable to reach the gates at the right time because of the airport security staff’s strike.

      • Fabio Polieri

        Jakub I hope you have not forget my last question 😀 help me, please.

        • Hey Fabio, sorry, I’m guilty as I forgot to reply… thanks for the reminder 🙂 Please select “denied boarding” and add a note referring to our conversation, so my teammates can use these details. Thanks again, Jakub

  • Giles Strong

    Hi Jakub,
    My Fiance was flying with Easyjet from Budapest the other week, their flight home cancelled with no reason given at the time, we have since emailed Easyjet for the compensation claim and they have replied saying that it was extraordinary circumstances due to a hole in the runway at Gatwick, meaning inbound flights were delayed. Do we have a case? My argument is that they should have just delayed the flight as the runway was actually fixed in 3 hours!

    • Jakub Eliáš

      Hello Giles, I have been thinking a lot about it, so sorry for later response 🙂
      Well, in my point of view the hole in the runway could be considered as extraordinary circumstance in some sort of sense. However, since they didn’t tell you the reason at the airport (not even mentioning that airlines should be prepared for such a situation, when something goes wrong with inbound flight) and moreover as you have mentioned, the runway was fixed in 3 hours, that seems quite weird to me and it is possible that the airline is trying to avoid its responsibility.
      I would say that it definately worth for trying to push a little bit more on the airline in this case, actually we can help you with that! Check out our website (www.claimair.com) to find more. In every case, let me know if you have any questions or further news about your case. Hope it helps 🙂

  • Hi Kathryn, I’ve just come across your comment again and I’d like to inform you that there was a recent court ruling stating that “lightning strikes” cannot be considered extraordinary circumstance… what do you think? Do you want us to get you compensation? Let me know. Jakub

    • Kathryn Hope

      Hi Jakub, if you think it’s worth a try I’m happy to go along! To be honest I’d completely forgotten about it…..

      • Woow, you’re fast like a lightning strike 🙂 I really think it’s worth it… moreover, you have nothing to loose as we work only on “no win – no fee” basis. Will you please register your case in our system at http://www.claimair.com? The only thing you’ll need is your booking confirmation, you can find it in your email. You can also register all fellow travelers. Thanks, Jakub

  • mark drake

    German wings had 6.5 hour delay from Heathrow due to plane obstructing stuttgart airport
    Been told
    We apologise that we are unable to offer you any payment. In this specific case, operation of the flight contrary to schedule was caused by change in takeoff requirements or a change in flight route. Unfortunately, these requirements are beyond our control. 
    Any help appreciated please

    • Jakub Eliáš

      Hello Mark, well the reasoning of Germanwings is very general, I think that it would deserved some better explanation than that. I would definately go for more details about what caused the flight delay and use that the airline is liable to provide a proof about that all necessary measures had been taken. Hope it helps, in case of further questions don’t hesitate to contact me again here, or directly. Jakub

  • Jim Smitheman

    Hi

    My son is currently sitting in Iceland awaiting the departure of a WOW flight that should have left more than 7 hours ago. I presume he will qualify for the appropriate level of compensation. However, being very tall, he had paid extra for an emergency exit seat but because WOW are now using a different plane to the one my son booked on he finds himself in a standard seat. Can he claim additional compensation for this?

    • HI Jim, I’m sorry, the “quality of seating” or similar is not regulated anywhere in the law. But if your son paid for seating an extra fee, this should be refunded on a commercial law basis as such payment didn’t have any effect. Anyway, thanks for your comment. Jakub

  • Sam

    Hi thanks for your clear article, it’s all very ambiguous. I have just had a 5 hour delay (take off), 4hours 25 mins delay on arrival. I was travelling from Ibiza to Manchester on Ryanair. They have stated that they do not owe me compensation due to bad weather conditions. However, when we first arrived for our flight it said a 3 hour delay, and when questioning airport staff they said its at least 4 hours as the flight the plane was doing before ours wouldn’t be leaving Manchester until at least 8pm (nearly 2 hours after our scheduled flight time). We also heard that an earlier flight had had to be diverted from Amsterdam to Italy and it had had a knock on effect. Then to be told it was weather by Ryanair even though other flights from Ibiza to Manchester were not late or cancelled. I smell a rat and have asked them through resolver to produce reports of the weather conditions that caused this. I think they are lying and the fact the flight before ours was so late they are trying to get out of paying compensation by any means they can. What can I do to further help my case ? Thanks

    • Jakub Eliáš

      Hello Sam, thank you for interesting questions.
      In such a situation I would definately pushed on Ryanair to provide a proof of extraordinary circumstances, however sometimes it might be very difficult (even though the onus in on airlines, clearly) to force airline and receive some kind of proof. For those purposes, it is necessary to contact National Enforcement Bodies, airlines usually give what the they want (or got fined), also I must notice that NEB is most of the time quite slow, as you might predict from the national institution 
      Your issue is clearly caused by delayed inbound flight, the info which is necessary to know for the proper claim evaluation is why was the inbound flight delayed. Probably caused by bad weather, but depends on by whom, if the ATC delays the flight – it is considered as extraordinary for example.
      I hope that it helps a bit, in case of any further questions, comments and so, please feel free to ask. Also, let us know as soon as you have more info!

      • Sam

        Hi thanks for your reply, I had looked into a couple of things and demanded proof and got a reply today saying their first letter was incorrect and the adverse weather affected an earlier flight, not ours so in black and white I have a confirmation letter stating we are entitled to compensation. I am truly grateful for the fantastic info available on putting the argument forward to the airline. They obviously do not want a court case which I made clear I would go through with if they denied ,y application again. Thanks for your advice and I would recommend to anyone struggling with something similar to consult your article to get a kick start in getting sorted. Now I just have to wait for the funds to hit my bank 🙂

        • Jakub Eliáš

          Hi Sam, that’s awesome! I am glad you find our blog valuable, since it is the main reason why we’re doing it – to help you out of struggles 🙂

  • Claudia D.

    Hi Jakub,
    I find this blog very informative, and was just about to start a claim for a flight when I found your blog and told myself would be a good idea to ask for your advice.
    My story is very recent.
    We ( me, my partner and our infant) had to fly from London to Bucharest last Friday to participate to an event. Our flight was delayed more than 4 hours due to technical issues, that meaning we would have missed our event so basically the flight wouldn’t fulfill its purpose anymore and we decided to abandon the journey after a long wait.
    Do we qualify for any compensation or refund at all if we didn’t arrived at the destination?

    • Jakub Eliáš

      Hello Claudia, thank you for your question.
      The entitlement to a compensation is conditioned to check-in. Since the flight was delayed, you have made the check-in so the compensation should be payable to all of you. Also, the regulation 261 says that you shall be entitled to a reimbursement for your unused flight ticket(s). Let me know in case of any further questions or troubles!

  • Lori

    Hi Jakub,

    Thank you for your informative blog…very good info as I travel around Europe a lot and seem to have more than my fare share of delays and cancellations.

    My most recent incident was last week when I was supposed be on flight LX435 with Swiss from London City to Geneva when ½ hour before our flight was supposed to take off, they announced the flight was cancelled. They re-booked me on a later flight departing out of London City, but more than 5 hours after the original flight should have taken off and landed. The ground staff said the cancellation was due to a technical issue but nothing more.
    I wrote Swiss requesting compensation of EUR250 as per EC Regulation 261/2004. Their response was the following:

    “SWISS endeavours to always provide you with flawless service, and I regret that we were unable to do so on this occasion.

    Your flight LX 435 on 26.10.2016 was cancelled due to an unexpected flight safety shortcoming on LX 434. On behalf of Swiss and our partner airlines I would like to apologise for the inconvenience this caused you. I realize that you expect your flights to operate as scheduled, and we make every effort to do so. I assure you that we do not cancel our flights without good reasons and that the security of our guests is our absolute priority. At times, however, there are many unavoidable and unforeseen factors, beyond our influence, that can interfere with our flight operations resulting in cancellations as you have experienced. I am sorry that you felt let down and disappointed by this flight irregularity and the way it was handled at the airport. In the event of a flight cancellation, we book our passengers onto alternative flights to their destinations and, if necessary, organise hotel accommodation and care. While we realize that you are disappointed, we must remain fair and consistent in our handling. We are, therefore, unable to comply with your request for EU compensation and sincerely hope you understand our position. If you have incurred any direct costs for meals, refreshment, accommodation, transportation or communications, please send us the receipts of these expenses for reimbursement.
    Thank you for your understanding!”

    In fact, flight LX434 was the inbound flight coming from Geneva to London City due to land 1 ½ hours before our flight departure. Upon my further request to specify exactly the “unexpected flight safety shortcoming” on LX434, Swiss replied as follows:

    “LX 435 was cancelled as LX 434 had to perform a diversion to London Heathrow due to FADEC 2 fault. A full authority digital engine control (FADEC) is a system consisting of a digital computer and its related accessories that control all aspects of aircraft engine performance. If a total FADEC failure occurs, the engine fails. “

    My questions are the following:

    1. Is the reason Swiss provides above an extraordinary event that was unpredictable, unavoidable and external? This seems like a technical problem which is subject to routine maintenance on the aircraft and which should not be covered as an extraordinary event .

    2. However, if it is considered extraordinary event, it would also seem that since my flight was cancelled due to the diversion of the previous flight to a different airport in the same city, that the airline should provide for a certain reserve time to operate my flight in its entirety once the extraordinary circumstances have come to an end. In my case, it seems that they could’ve fixed the problem with the FADEC and sent the plane from London Heathrow over to London City (only 20 miles apart) or flown in another Swiss flight from elsewhere?

    3. Do you think I am entitled to compensation? What can I do to help further my case?

    Many Thanks.
    Lori

    • Hi Lori, many thanks for extensive description of your situation. I’ll keep it short… technical problem with an aircraft cannot be considered an extraordinary event and therefore, Swiss should pay you €250 compensation. The response from Swiss is a very common fluff that airlines use while struggling to get rid off their responsibility…and pretending how supportive they are. As you can imagine, it can be difficult for you to deal with it… we can get it for you, just register your case on claimair.com. Let me know anytime you need further support, Jakub

  • Martin Donnelly

    Hi Jakob,

    Some advice please on extraordinary weather.
    Last month i was due to fly in a party of 4 from Inverness to London Gatwick at 14.55. Our flight was delayed by over 3 hours. The reason given by the flight crew was that there had been fog in Portugal or Greece ( i can’t remember) on their first flight of the morning.
    I have been advised by EasyJet that this constitutes my flight as being delayed due to exceptional circumstances.

    Are they just fobbing me off?

    • Hi Martin! As you can read in the article, an airline must provide you with clear evidence… only this is the way how to get rid off liability. If I were you, I’d certainly give it another try and would insist on financial compensation. Let me know how it works. Thanks, Jakub

  • Sak J

    Hi Jakub – thanks for the useful post. I was taking a flight in July from TFS – LGW with BA and the flight was over 3 hours delayed (by a few minutes, but frustrating nevertheless). When I tried to claim for compensation, they said that it was due to air traffic control congestion and therefore I was not liable for compensation. Surely airlines are faced with air traffic control congestion quite regularly – and so I don’t see this as extraordinary. Have you seen any cases like this before please? Any advice would be much appreciated. Thanks

    • Jakub Eliáš

      Hello Sak, well your are partly right about the regularity of ATC restrictions. However, such a restriction couldn’t be influenced by the airline, thus even avoided. That unfortunately means extraordinary circumstance applies for your case. Let me know in case of further questions! 🙂 Jakub

      • Sak J

        Thanks Jakub – should they be able to prove that it was ATC congestion? Or do I just have to take their word – it sounds like an easy excuse to give for any other situation to avoid paying out! Rgds, Sak

        • Jakub Eliáš

          They’re always liable to provide impartial proof of extraordinary circumstances as well as a proof that all necessary measures had been taken, I am sorry I should have mention it within my comment 🙂 However, in reality airlines often simply refusing to provide such an information, in that case National Enforcement Body should take a place, since they may fine airlines for not doing what they should. Jakub

  • Elsa

    My flight was cancelled then changed to delayed due to a air traffic strike.. Can I get compensation for this?

    • Jakub Eliáš

      Hello Elsa, in case that strike of the airport staff happens, it is considered as extraordinary circumstances. However, if the flight disruption would be caused by the strike of airlines staff, the entitlement to compensation arises in that situation. Let me know in case of any further questions, Jakub

  • Iman

    Hello dear jakub,

    Tnq u at first for the sharing such practical info!
    I got the thicket from Iran (tehran) to istanbul & then going to Tashkent (uzb) by Turkish airline!
    In Tehran i got both boarding pass, but in Istanbul i change my seat to sray on exit (i’m a little tall)
    After i got my new boarding pass (istanbul to tashkent), the flight gate number was wrong & i lost the flight.
    Turkish air line, customer service even not listening to my claim & expressed it was yout fault, u have to check public board! And we are justvresponsible for the gare changing in boarding time (one hour before flight)
    Please help me if any right reserved for me but i gotta pay more than 500 box for another ticket & hotel!
    I newer try to use Turkish airline, by the way!
    Once again tnq & look forward to hear from you.
    Iman

    • Iman

      Need to clear that, the gate number which mentioned on my boarding pass in Istabul airport was wrong!

    • Jakub Eliáš

      Hello Iman,
      Firstly, I gotta mention that such an issue doesn’t seem to be covered by any legislation, unfortunately.
      However, it looks like the airline changed the gate before departure, it happens, usually because of some problems of another airplanes staying at the initial gate.
      True is that you should be definitely informed about such a change, by announcement, text message or so.
      My advise is thus to complain to the airline, I believe they could offer you some sort of compensation (hopefully to cover your costs), but as I have mentioned above, it’s not covered by a legislation, meaning not much legal leverage to support your complaint. I wish you good luck and let me know in case of any further questions.

  • Adam Almagro

    Hi Jakub, great job with the blog! Very informative and interesting.
    One of my friends (Mr. Penny) has faced the following case:
    He booked a flight from XRY (Jerez, Spain) to HHN (Hahn, Germany) for himself and his wife for October 25, 2016 with Ryanair at the price of EUR 300 per person. Departure was scheduled at 10:00 a.m. Due to foggy conditions, the flight was cancelled. They were offered a choice between a refund of the money paid or an alternative flight on October 27, but they refused both options because they were going to attend a funeral of a close relative the day after. They booked then a flight from MAD (Madrid, Spain) to FFM (Frankfurt, Germany) on their own for October 26 at 7:00 a.m at the price of 500 Euros per person instead, so they managed to attend the funeral. Mr. Penny is now thinking of claiming compensation of 400 Euros, plus the additional costs of the flight MAD-FFM.
    In this case, from my understanding, given the unavoidable and external circumstances of the foggy weather conditions (which are not that common in Jerez), Ryanair would not be obliged to pay neither compensation, nor the other flight, but only reimburse him for the cancelled flight. Is that correct, or would there be basis for something else?
    Thank you in advance,
    Adam Almagro

    • Kamila Z.

      Hi Adam, thank you for your interesting question!
      You’re right that the airline isn’t eligible to pay Mr. Penny the compensation for the flight cancellation due to the bad weather which is considered as an extraordinary circumstance.
      The airline is obligated to ensure the closest possible way to the Client’s final destination under comparable conditions. That means the airline should pay him for his expenses on alternative flight ticket which he paid on his own in accordance with the Article 9 of the Regulation (EC) No 261/2004.
      Hope it helps you! Also, let me know the results and in the case of any struggles we will be happy to help you.

  • Sandra Dunlop Snr

    Hi Jakub,we had booked a flight from Belfast to Orlando via Newark, departing on 1 June 2015. When we arrived to check in, we stood in the queue for over 2 hrs before we got any information as to why we were waiting! Eventually we were told the flight coming from Newark to Belfast to collect passengers had been delayed in Newark. This meant that we had to be booked on to a later connecting flight in Newark to Orlando. This all meant the doors opened at our arrival in Orlando MCO 4hr 5mins late. I submitted a claim for delayed compensation back in June 2015. I used the templates from Moneysaving expert and followed the advice given. United, after about 6 months, said that we were not entitled to compensation, as they do not accept that the connecting flight should be considered, as it was outside EU. I wrote back, quoting EC Regulations re connecting flights which are booked as one package being relevant. Again they refused to pay compensation, so I issued a NBA. They still refused! I then got a local solicitor involved and he sent an email to United Airlines on 4/11/16. They sent back a reply, stating they would not be paying out compensation, as our flight coming to pick us up had been delayed in Newark on 31/5/15 due to lightening in the area! Newark was in Code Red condition. They included excerpts from a daily briefing, issued at 6.15pm on 31/5/15,stating Air Traffic Control imposed a Ground Delay Programme that resulted in an average delay of 166 minutes. They also say an SWAP was in effect and the majority of their express flight operation was cancelled and they were working to get the planes that were diverted to other airports because they could not land at Newark into the airport. There were 20 mainline United flights that had to divert on May 31st. Because of the impact of the weather on the inbound flight from Newark, there was a delay on flight 76 on 1 June 2015.

    Now, I am thinking, what the heck has all this got to do with us. Our flight was not diverted! Also the weather briefing wqas at 6.15pm, 3.25hrs before our inbound flight was due to depart Newark. They had 3 hours to arrange for a plane to come from another hub, like London or Dublin. I don’t think they exhausted all their options?
    They have offered us 1500 Airmiles instead, which is nothing for Uk flyers. Also United have pulled out from Belfast, as of January 2017!

    Do you think we have a case. This effects 8 passengers, all my family.

    • Jakub Eliáš

      Hello Sandra,
      Thank you for your question. Well, you are right that the connecting flight, where the delay happened within the coverage of regulation 261 has an entitlement to compensation.
      However, if the delay or cancellation was caused by ATC decision, it is considered as extraordinary circumstances, mainly because the airline couldn’t avoid such a situation.
      For sure, the airline is liable to provide you a proof that all reasonable measure had been taken to avoid the incident, as for example they have tried to bring a different airplane. In case they would refused, national enforcement body would help.
      Let me know if it helps, otherwise we can have further conversation if you want just leave me a message on hello@claimair.com

      • Sandra Dunlop Snr

        Hi Jakub,
        thank you for your reply. What is national enforcement body?? I will ask my solicitor to email United for proof that all reasonable measures had been taken, like a different plane.

        • Jakub Eliáš

          Hello Sandra,

          National Enforcement Body is an national institution established to supervise on passengers rights and other aviation related issues. Within the UK, the Civil Aviation Authority is the one you would be looking for. The disadvantage is that they’re usually quite slow and unable to make legal steps against the airline, just impose a fine. Let me know how it goes! Have a good day, Jakub

          • Sandra Dunlop Snr

            Thank you Jakub,
            I have emailed my solicitor and instructed him to ask United for proof that they have taken all reasonable measures, including a different plane. I will keep you informed.

  • Magda

    Hello Jakub,

    Well done for the helpful article on claims against airlines and what comes under extraordinary circumstance.

    I have a quick question for you and I hope you can shed some light on this. It’s regarding my flight from Poland to the UK (London). Basically my flight was delayed by 4hrs 43 minutes.I received a delay confirmation letter from the Airline but when I contacted them for compensation under EU Regulation 261/2004 they refused citing reasons outside their control. Namely, the delay was caused by the original aircraft scheduled to operate my flight being repositioned due to an airport closure at Bologne on that day. Bologna-Guglielmo Marconi Airport was indeed closed that day until 19:30 (landing incident with a another airline) . My flight from Poland was originally at 19:05 but I actually flew at 00:15. Ryanair did take care of the passengers and offered snacks while waiting for the plane.
    Are they right to refuse my claim?

    Please let me know.

    • Jakub Eliáš

      Thank you for your question and I am glad you like our article 🙂
      Well, this kind of reason is considered as extraordinary circumstances, since the airline couldn’t influenced the airport closure. However, they might assign different airplane to your flight, thus I would request the airline to provide a proof that all reasonable measures had have been taken to avoid the delay. Hope it helps, otherwise let me know! Jakub

  • David Seon

    Hi Jakub, what joy bumping into this web site, My case is almost similar to the case below. To refresh you I believe my flight was impacted by the Emirates crash at Dubai airport on 3rd August 2016. My flight with United Emirates from Uk Bhm 9:45am 3 Aug change at Dubai for another flight to Bangkok.
    Initially my Emirates flight from the UK was 3hrs delayed departing the uk. So I would miss my connection anyway. Eventually when I did arrive at Dubai at 2.30 am on the 4th Aug, I was informed the airport was closed, my next flight to Bangkok would be in 5 days time and no alternative flights would be available.
    I could not locate my baggage for it somehow went on to Bangkok without me.
    Thus I was stranded in Dubai for 5 days. All I had was my shoulder bag. As luck would have it I had credit cards with me. Emirates offered no advice or support. Five days later I flew on to Bangkok. Lost half my holiday because all in all my holiday was for 9 days in Bangkok.

    In uk my insurers state my claim is invalid in view of the conditions of my policy,which regrettably fall outside the terms and conditions of my policy. I don’t think they wish to pay out. I even took travel disruption as extra cover. I decided to contact Emirates for a clearer reason

    I contacted United Emirates and the reply back was ‘’Unfortunately, the operational incident and the subsequent closure of Dubai Airport resulted in major flight cancellations and delays.This being not an excuse, Emirates are unable to accept liability in such circumstances as the events on 03 August and ensuing days were due to extraordinary circumstances and are construed as ‘force majeure’’’.
    I have tried to get Emirates explain clearly the meaning of ‘’extraordinary circumstances’’ as stated in section 15 of the CAA regulations cat 15, I only get an answer in the above paragraph.

    I have trolled the web and apart from media news I have information that this issue was due to an Emirates crash on the 3 Aug and possibly even down to a pilot error in bringing the flight down possibly linked to insufficient pilot rest periods.

    I am claiming for half my holiday and the cost of taxi fares and hotel stay in dubai for 5 days.

    Are there grounds for compensation here?
    What would be the suggested next best move?

    Thank you

    • Jakub Eliáš

      Hi David,

      Very challenging case!

      I have noticed couple of things. Firstly, as your initial flight was departing from the UK, assuming your whole itinerary was on the one booking, it should be solved within the regulation 261, thus Emirates ought to offer you accommodation, meals and of course help in general.

      Moreover, it has to be provided even though extraordinary circumstances take a place, now I getting to my second point. The incident of crashing plane in Dubai, is unfortunately considered as extraordinary (it doesn’t really matter if it was pilots fault, in your case), the reason for that is the airport closure, airline simply couldn’t avoid it.

      There might be an options of using Montreal Convention to claim your lost days of vacation, however it’s very possible that it would become necessary to take this issue to court.
      My advice is thus insist in position of claiming your expenses (food, accommodation, taxi and so).
      Let me know how it goes! Jakub

      • David Seon

        Thanks Jakub, I can see this case will be a long haul. Will keep you posted.
        Regards
        David

  • Steve

    Great Information Here Jakub,
    My daughter was booked on a Lufthansa flight from New York JFK to Frankfurt November 22 2016 at 4:45pm. She received an email at 7:00 am that morning that the flight was cancelled. I now know it is because of the pilot’s strike. Her group was able to get a flight out of Newark on a United/Lufthansa codeshared flight at 7:45. Everything I have read in the EU regulations, as well as all of today’s news accounts says that “strikes” are considered extraordinary circumstances. And no compensation will be offered. But in this article you say “If a strike relates to airline personnel like pilots or cabin crew
    members, an airline is always liable and this kind of strike cannot be
    considered an extraordinary circumstance.” Will she be entitled to compensation? BTW she also has flights on Lufthansa scheduled this week round trip from Frankfurt to Ireland as well as Frankfurt to JFK next week. I hope this gets resolved quickly!

    • Jakub Eliáš

      Hi Steve,
      Yes, strike of airline’s staff shouldn’t be considered as extraordinary circumstances, since airline could definitely avoid this situation. The reason why you have found such information is because strike in general was for quite long time considered as extraordinary.
      However, now it’s necessary to differentiate if is it strike by ATC workers or airline’s pilots for example.
      For her further flights, it’s uncertain if the strike will go on, Lufthansa insist on their statement, so it is possible that her flights will be affected as well. Let me know in case of any further questions. Jakub

      • Steve

        Jakub,
        In the end, my daughter had three flights canceled. Her flight from JFK to Frankfurt was re booked on a later flight from a different airport as I stated earlier See took a refund for her round trip to Ireland and went to Iceland instead. Curiously Lufthansa’s refund email falsely claimed that she had cancelled her flight. She only requested her refund after Lufthansa cancelled her flight to Ireland. This all adds up to 3 cancelled flights due to the Lufthansa Pilots Strike. I was hoping to get compensation for her and put the information into this websites calculator on your front page. The results say “no compensation is due.” Again this seems contrary to your position (And what I want to believe). Is she entitled to compensation if her flights were cancelled due to the Pilots Strike. If so can I forward the information to Claimair.com for assistance. 25% seems worth it.

        • Jakub Eliáš

          Hello Steve, Pilots Strike (Strike of Airline staff in our form) is evaluated as non-extraordinary in our system. Please send me an email to claims@claimair.com and we can find out what’s wrong or use our online support in the right down corner 🙂

  • Joakim

    Thank you very much for this information. My flight with Lufthansa was delayed for 40 min and we missed our connecting flight. The captain said it was due to technical issues with the hydraulics. I emailed Lufthansa and they insisted on calling me – no written evidence or statements here! I installed an app to record my calls. They said that they could not be held responsible for technical issues… But thanks to this blog I said “to prove this, you need to show that you have done all services on time, so I need to contact a legal body in my country and they well contact you about the correct documents”. The operator asked me to hold for a while. When she got back 3 min later she said, without hesitation, that I would get the money! The money reached my account 7 days later.

    The rules on Lufthansas webpage are only possible to find through Google. They are basically the EU text. Here they are:
    http://www.lufthansa.com/cmn/en/passenger-rights

    The legal body to contact when flying from Sweden is Allmänna reklamationsnämnden (ARN).

    • Jakub Eliáš

      Hi Joakim, very well managed! I am glad we were able to help you with this situation.

  • Anders Beatty

    Having written over 7 emails over 3 months trying desperately to get compensation for a 6 hour delay for my wife and daughter from Wizzair and having been offered a 30 euro ‘good will gesture’ I wrote back to them…….

    ‘On the advice of the CAA I have been informed that technical problems are not extraordinary circumstances unless they are the type that you could not expect to encounter when operating a flight.

    The decisions made in the Wallentin-Hermann vs Alitalia case 2009 and Jet2 vs Huzar case 2014 have confirmed that routine technical difficulties are not extraordinary circumstances.

    Also I would like to make you aware that European Court of Justice ruling in the case of van der Lans v KLM had on 15th September 2015 confirmed that airlines are required to pay compensation when flights are delayed due to unforeseen technical problems.’

    ……..so I was rather suprised to get the following letter from Wizzair.

    We regret to inform you that we maintain our viewpoint that the delay of your flight was caused by extraordinary circumstances, which could not have been avoided even if all reasonable measures had been taken, namely circumstances beyond the actual control of Wizz Air. However, please note that we are not authorized to send you the official reports that verify the reasons of the delay, as these documents are confidential and can only be provided if legal action is brought against our company. Furthermore, unfortunately, we are only able to provide the previously mentioned reimbursement of your additional expenses that occurred directly due to the delay.

    Thank you for your time and understanding.

    Kind regards,

    Orsolya Süveges

    CUSTOMER SERVICE DEPARTMENT | Wizz Air Hungary Ltd. (member of Wizz Air Group)

    Has anyone got any advice on how to reply to this?

    I m at a loss as to what say next. Needless to say I ve now got the bit between my teeth.

    Many Thanks
    Anders

    • Jakub Eliáš

      Hello Andres, my answer will be quite simple – insist. Technical issue shouldn’t be considered as extraordinary. Only in case that the problem couldn’t be found during standard maintenance – might be considered as extraordinary (usually manufacturing defect). You can use our services or ask ADR (Alternative Dispute Resolution) to mediate your case – of course if the airline would refused again. Let me know if you have any further questions 🙂

  • Carin Kul

    Hi Jacub,
    My parents were suppose to go from Gothenburg (Sweden) to Stuttgart (Germany) through Frankfurt last weekend with Lufthansa. They got informed the evening before that the flight was cancelled because of striking pilots. I was reading in this blog that If a strike relates to airline personnel like pilots or cabin crew members, an airline is always liable and this kind of strike cannot be considered an extraordinary circumstance. Is this right? Thank you!

    • Jakub Eliáš

      Hi Carin, yes and the reason is very simple – they could avoid this situation for sure – in contrast with strike of airline staff for example. Jakub

  • Ash Forrest

    Hi Jakub. Thanks very much for the information. My airline is sticking by ‘extraordinary circumstances’. I’ll copy in the latest exchange but my flight was delayed because the previous flight was delayed due to a medical emergency. I have read a company can’t claim ‘extraordinary circumstances’ if the previous flight was delayed by bad weather but could you advise on this situation?

    Kind regards,

    Ashley

    Letter I sent most recently…

    Dear Sir or Madam,

    Re: Compensation claim for delayed flight

    Booking reference: xxx

    I am writing regarding flight xxx on xxx from Tenerife South to Manchester, UK with the scheduled departure time of 18:00. This flight arrived 3 hours+ late at Manchester, UK. The Reason for the delay was due to a Medical Emergency on the previous flight ie. Manchester to Tenerife South. You are in possession of this information that was provided by the airport (Ref. Telephone conversation, 17:20, xxxth November 2016). Please note: a medical emergency on a previous flight does not constitute “extraordinary circumstances”.

    The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

    The passengers in the party were…

    The offer of £258.04 in the form of a voucher is not an adequate reimbursement nor is it complying with EC Regulation 261/2004. My scheduled flight length was 4088 km, therefore I am seeking £350 per delayed passenger in my party. The total is £700 for all passengers.

    To summarise, I am seeking:

    a) Full reimbursement totalling £700.
    b) Evidence of any alleged “extraordinary circumstance”. This is to including a copy of the correspondence from the airport stating the reason for delay was due to an inbound flight delay REF: Telephone conversation, 17:20, xxxth November 2016). I remind you that Easyjet are legally bound to provide me with this information.
    c) Measures that were in place to prevent my flight being delayed.
    d) The airlines ‘final position’ on this matter in order to refer this complaint to Centre for Effective Dispute Resolution, as instructed by the Civil Aviation Authority.

    I look forward to a full response to this letter. I am fully aware of the legislation covering this claim and if I do not receive a satisfactory response I intend to pursue my complaint further, which may mean taking it to court.

    Yours faithfully,

    Mr Ashley Forrest

    — — — — — —

    The reply…

    Dear Mr. Forrest,

    Thank you for writing to us.

    I would want to inform you that the reason for disruption of your flight was due to a medical emergency on its previous sector. This event is categorised as extraordinary and according to EU261 regulation we cannot compensate you for the delay.

    The reason for disruption of any delays or cancellations is stated in our flight report which is reviewed by our Legal Team. Please treat this email as an evidence that your flight was disrupted due to extraordinary reasons.

    Please be advised that the staff at the airport does every effort to avoid delays. However, certain situations are treated extraordinary for the fact that they were out of our control. There was nothing that could be done to avoid this delay.

    Hence, please take this as the final response from our side that we are unable to offer any sort of compensation where the reason for disruption is extraordinary. We cannot escalate this matter further as the response still remains the same.

    I apologise for all the inconvenience this may have caused you. I do hope your next flight with us is a more positive experience.

    Yours Sincerely,

    Shamine

    • Jakub Eliáš

      Hello Ash,

      Well, delayed inbound flight is categorized as one of the more complicated scenarios. If the outbound flight was delayed because of medical emergency, it’s considered as extraordinary. However, your scenario is different, the key point here will be if the airline is able to provide that all reasonable measures had have been taken – thus use CAA or court proceeding to find it out. Unfortunately, it’s usual that airlines won’t provide any statement without using any legal actions against them. And just last thing, you have mentioned that travel itinerary was 4000 km, thus compensation should be 600 EUR per passenger (approx 507 GBP). Hope it helps, otherwise let me know 🙂 Jakub

  • Michael

    Hi Jakub, thank you for all the good information!

    Me and my family were flying with Air France from Cape Town to Paris on Nov 12th 00:30 and our flight got cancelled due to sudden illness of a crew member. When attempting to get compensation they claim sudden illness as extraordinary circumstances since Cape Town is an outstation and not a hub for the airline and replacement crew would not be availible until one could be flown in.

    The first aircraft we were scheduled to depart with later departed 10:00 on Nov 13th but we were booked on a flight leaving 00:30 on Nov 14th, so our trip was delayed by exactly 48h. Not 33.5h as most of the other passengers.

    My question is if I have any grounds to further pursue compensation here? Does sudden illness fall under medical reasons comparable to serious illness or death onboard? One would argue that this is a staff issue and that personell falling ill can’t be uncommon in normal operations of any larger company.

    Or, does the extent of our delay entitle us to compensation in any way? I have not heard from the airline why we were booked on the late flight but i can not see why there would not be room for us on the first aircraft we were intended to depart with, and that this subsequent delay means that we were not rerouted home as soon as possible.

    Your advice on this is greatly appreciated

    Thanks

    • Jakub Eliáš

      Hello Michael, I am sorry for later response. In this case, one thing I have mentioned in my previous comments should apply as well. Sudden illness of a crew member shouldn’t be considered as an extraordinary circumstance. However, if the airline proves that all necessary measures had have been taken (everything possible to replace the crew member), the compensation entitlement expires. So, try to request such a proof, you may even use National Enforcement Body. Jakub

    • colin searby

      Colin

      Hi Michael,

      Just wondering if you got anywhere with your claim. I’m still waiting for CAA to respond.

      Any news would be appreciated.

      Thanks

      Colin

  • CHolt

    We were delayed because of a bird strike and as a result the plane we were due to travel on required an engineer to review to advise if fit to fly. The engineer had to be flown to the destination to check over the plane which could not take place until the following day.
    Another plane wasn’t able to be flown in due to an airport curfew.
    This is known data therefore I’d expect this to be not be classed as extra ordinary.
    What are your thoughts?

    • Jakub Eliáš

      Hello Cholt, crucial is the initial flight – delayed due to a bird strike. This particular problem shouldn’t be considered as extraordinary circumstances, thus compensation entitlement shall exist. However, depends on your flight itinerary (EU legislation or not?). Let me know if you have further questions:) Jakub

  • Tracey Jopson

    Hi I was due to fly from IOM to LCY at 06.55 on 28/12/16. The flight was delayed due to fog at LCY. We eventually took off at 11.05 however when we reached London we were held for approx 30 mins before being told the visibility was too poor to land & we were being returned to IOM. I eventually got on a flight to LCY at 18.10 & arrived at 19.20 – 11 hours after I should have arrived. Can I claim compensation or will a claim be rejected due to extraordinary circumstances ? In my opinion the airline failed in its duty by flying at 11.05 as it should have known that conditions were not improving at LCY & it would not be able to land. Thank you, Tracey

    • Jakub Eliáš

      Hi Tracey, thank you for interesting question. For the first, bad weather as for example fog is a reason which is considered as extraordinary circumstances. However, you question was a bit different, thus it’s necessary to find out what was the reason of initial delay (why your flight was departing at 11:05 instead of 6:55). My assumption is that the airline had info about bad weather situation and so delayed the scheduled departure – however, it must be supported by the evidence. If the initial delay would caused something out of extraordinary definition – then you may have a case. Hope it helps and have a great day, Jakub

      • Tracey Jopson

        Thank you for the reply Jakob. The reason for the flight not taking off at 6.55 am was due to fog at London City and there is no disputing this as it was reported on the National TV news. The flight took of at 11.05 presumably because air traffic gave clearance for take off & the airline presumably thought conditions would be clear enough for landing. However, when we got to London City we were held for approx 30 minutes before the pilot announced we would be renting to IOM as visibility not good for landing at London City. The air line hands out compensation information leaflets when we arrived back in IOM but I’m really unsure of whether I can claim or will the airline say no due to extraordinary circumstances ? My argument would surely be they knew about the fog before take off so should never have taken off. Thank you in advance for your help & advice.

  • Tom

    Hi Jakub, very helpful blog thank you.

    EasyJet have rejected my claim due to ‘Strike or ATC Restrictions’ – classified as extraordinary. They are yet to provide me with actual proof of this event (already vague in itself), and that they took all reasonable measures to avoid it. At the time they told the passengers that the delay was due to crew “out of hours” – not described as an extraordinary circumstance.

    Are they breaking the law by failing to provide me with proof? I would like to continue pursuing but they make it incredibly difficult to contact them.

    Your advice would be appreciated!

    Thanks
    Tom

    • Jakub Eliáš

      Hi Tom, thanks for your question. It seems that easyjet’s trying to hide something (or the initial statement was wrong). However, airlines are obligated to provide impartial proof in any situation – but reality is a bit different. It’s very difficult to get such a proof by your own. I would recommend to involve a relevant National Enforcement Body – they may impose a fine on the airline in case airline would break the law. Hope it helps at least a bit 🙂 Jakub

  • Nino

    Hi, I have a question.
    My flight from Toronto to Paris by Air France was canceled. I emailed them asking for a compensation but they refused. Their explanation was that another aircraft damaged the one I was supposed to get on whilst it was at the parking stand. they said that this counts as extraordinary circumstance and that I am not entitiled to compensation, is this true?

    • Kamila Z.

      Hello Nino, I am really sorry for very late response. The mentioned reason shouldn’t be in my opinion considered as extraordinary. It should be deemed similarly as a collision of mobile boarding stairs with the aircraft. Hope it helps. Kamila

  • Lauren

    Hi Jakub,

    I have a quick query I was hoping you could help me with. I was due to fly from Gatwick to Belfast with Easyjet on 12/30/2016. Our flight was scheduled to leave at 8.45pm. When we got to the airport several of the earlier flights to Belfast had been delayed due to fog, but at that time our flight was still scheduled to go and the board said that gate information would be given at 7.55pm. Whilst we were waiting the flight that was due to leave at 7.45pm left on time. Then at around 8pm a gate was shown for our flight – 56L. As we were walking to the gate, it suddenly changed. Our flight showed gate 567 and a flight that had been due to leave showed 56L. It then came over the PA that our flight had been cancelled.

    When I emailed Easyjet they said that we weren’t due any compensation because the fog was an extraordinary circumstance – but given that the 2 earlier flights left, and that we were assigned a gate before it was then given to another flight, is it worth fighting them on this?

    Thank you,
    Lauren

    • Kamila Z.

      Hi Lauren, again I am sorry for later reply. The issue with relation to weather conditions are always quite unclear. The main role usually plays the ATC, meaning that if the ATC restrict your flight, it should be considered as extraordinary, since the airline is not able to influence such a decision. Let me know in case of any further questions and have a good night, Kamila

  • Pete

    Hi Jakub,
    I flew Vienna to Manchester via Frankfurt last month and was delayed overnight in Frankfurt having missed my connection as the Vienna to Frankfurt flight was late. The reason for the first leg of the flight being late was (according to Lufthansa) because the plane was late arriving at Vienna and hence we couldn’t board and depart on time. Lufthansa’s explanation is that the on the inbound flight to Vienna, some passengers checked in and checked hold luggage then failed to board, hence the luggage had to be removed prior to departure. Does this constitute an extraordinary circumstance as it has happened to me on several flights (maybe I’m just unlucky) or should the airline allow time for such occurrences?

    • Kamila Z.

      Hello Pete, please excuse my late response. Well, in such cases it always is worth to ask the airline for a proof of their statement. Frankly speaking, the issue as you have described might be considered as extraordinary. However, it’s usual to face quite different answers after you ask for the proof. In case that they would have refused, still you can use help from National Enforcement Body. Hope it helps, Kamila

  • Sonia

    Hello,
    Thank you for the article. I’ve found it really interesting and helpful
    I have a doubt, though. I understood that personnel strike (as a pilot strike of the airline) cannot be considered as extraordinary circumstances. However, in one of the comments of this blog, it is said the opposite. Could you please clarify? I’ve been affected recently by a Lufthansa pilot strike and I would like to know if I can claim for compensation.
    Thank you

  • Sonia

    Hi Jakub,
    I have just posted a question to know if a pilot strike is considered as extraordinary circumstances, but after reading more comments of this blog I found that you have recently answered that question and, as I understood it cannot be considered as extraordinary.
    Then, I’ll tell you about my case. On the 25th of November my flight from Madrid to Munich was cancelled and they finally offered me another flight the day after. Plus, on the 29th my flight back was also cancelled and they offered me an alternative flight with and intermediate stop, but arriving in Madrid 5 hours after than with my initial flight.
    I contacted Lufthansa for compensation, but they said that since the cancellation of the flight was caused by unusual circumstances which could not be prevented although all feasible measures were taken, they are unable to provide any compensatory payment in this case.
    Do you think I should reply and claim for compensation again?
    Thank you

    • Kamila Z.

      Hi Sonia, you’re right. The reason is that the law is changing or better saying more specifies. If we apply simple logic, the airline is directly responsible for their employees and certainly is able to influence and prevent any strikes, in comparison to strikes of ATC staff, etc.. Also, we currently have multiple cases which have been taken to court in this matter so we’ll see and I hope that we’ll win. Have a good night, Kamila

  • Roy F

    Hi,
    In July 16, my wife and I travelled to Bulgaria from the UK. On our journey back, our flight was delayed by 7 hours, so we applied for compensation.
    BH Airlines informed me that the Handling agent caused an accident which in turn, caused a serious electrical fault which caused the delay. So the airline said it wasn’t their fault, but the fault of a third party (surely they contracted this third party!).
    They wrote –
    ”the damage inflicted by the Handling agent upon our aircraft resulted in an unexpected flight safety shortcoming which falls among the grounds for carrier’s exoneration from liability approved by Civil Aviation Authorities. Furthermore, it constitutes extraordinary circumstance which, under Regulation (EC) 261/2004, releases carriers from liability for delays or cancellation of the affected flight.”
    Also they said they had no contractual obligation to comply with any specific flight schedule, as it was stipulated in the package tour agreement between Balkan Holidays and ourselves, and not in any agreement where BH Air is a contracting party.
    Surely they need to be responsible for time keeping, and the actions of their ground staff, even though they are contracted!

    • Kamila Z.

      Hello Roy, firstly I am sorry for a later reply. The truth is that such an issue might be considered as extraordinary. However, as I have mentioned a few comment below, ask for the proof. You may receive a quite different answer. Let me know how it went. Kamila

  • Tristan Casson-Rennie

    I was recently on a flight with FlyBe from NWI-ALC at 17:30. The aircraft has a real stretch of a diagram for the day, and included in it is a crew change part way through. Essentially the diagram is this:
    EXT-ALC / ALC-NWI / NWI-EXT (Crew Change) EXT-NWI / NWI-ALC / ALC-EXT – the problem was that the first sector from Alicante was 3 hours late in arrival at Alicante owing to Fog on the ground in Exeter causing a late departure. This made the Alicante – Norwich flight 3 hours late arriving also, and FlyBe took the decision to cancel the NWI-EXT Crew Change EXT-NWI which resulted in my flight being, well cancelled, although they called it Delayed Due to Fog, and retimed to 15:20 the next day – a 23 hour delay.
    In essence, FlyBe told everyone that the flight was delayed due to Fog, indeed they issued letters to everyone telling them that they could not claim under EU261/2014 owing to Extraordinary Circumstances – but Norwich Airport were having none of it, operating normally and telling us all that the airport was open and operating normally. The flight was cancelled because the crew were out of hours to reach Exeter, and the other crew would also be out of hours to get back to Exeter later in the evening because of the delays. The crew that should have gone to Exeter to finish their day were put up in a hotel in Norwich, and they were the same crew that took us to Alicante the next day – and even they told us that they were “out of hours” so the flight was cancelled.
    So FlyBe are playing games.
    I believe I can claim under EU261/2014 as the FlyBe flight-ops team had more than enough time to plan contingency for the crew. They could have dispatched a new crew to Norwich by road, or alternatively (as Exeter is their base) flown a new crew up to Norwich once the fog had lifted in preparation for our inbound aircraft.
    FlyBe on the other hand are being dishonest, siting Fog as Extraordinary and not conceding the point at all. What do you think?

    • Kamila Z.

      Hello Tristan, firstly I am sorry for a later reply. Thank you for your interesting comment. I will provide simple answer – even thought that the delay was caused by bad weather condition which has been followed by crew hours issue, the airline is liable to provide that all reasonable measures had been taken. Meaning that in case they are able to provide that no other crew was available, they’re out. I think that National Enforcement Body or ADR might be helpful in your case. Let me know how it went! Have a good night, Kamila

  • James O’Connor

    Great article Jakub. i was on an easyJet flight from Edinburgh to Hamburg in November. 20 minutes into the flight there were fumes in the cabin and the pilot reported smoke in the cockpit. The pilot got it under control, but we were diverted to Newcastle where we were met by fire crews etc. easyJet sent a replacement aircraft from Luton and we arrived in Hamburg over 4 hours late. easyJet cited extraordinary circumstances and have refused to pay my claim. Given your comment that something going wrong with an aircraft during a flight itself would be considered extraordinary circumstances, would I have a valid claim, even if it problem was not caused by a hidden manufacturing defect and was inherent to normal operations? Thank you.

    • Kamila Z.

      Hi James, please accept my apologies for my late response. To me, it seems as a technical issue – means compensation under the Regulation EC 261/2004:. However, could you please specify what you have meant by your last question? Thank you! Kamila

  • Nadège Defrère

    Excellent blog post! Many thanks for sharing this very useful information!
    I had a plane scheduled on 7th January from (JFK) New York to (BRU) Brussels airport. SN Brussels refuses me a compensation, because they mention bad weather conditions. I of course asked them for a proof, as all flights were leaving JFK and the same for Brussels airport on that day. According to SN employees we talked to at JFK, the plane was cancelled because it was stuck in Canada because of the bad weather there. Reading your post, it seems that I could still expect a compensation. I have some questions:
    1) My flight was New York/ Brussels. Even if the weather was bad in Canada (still to be proved by the airline), does it impact my claim for compensation of the my cancelled flight?
    2) Would you directly start a complaint to national body?
    3) I also had a private insurance. Would you make the complaint to both the airlines and the private insurance?

    Thanks a lot and again congratulations for your professionalism!

    • Kamila Z.

      Hello Nadège, thank you very much for your comment and I am really sorry for my late answer. In your case, our opinion is that the late arrival of the previous flight caused by bad weather is not considered as an extraordinary circumstance but sometimes is really difficult to deal with airlines (the airline should prove that the flight disruption was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken). I would definitely go with the NEB option, they may provide valuable insight into this situation. But honestly, I’m afraid that the only way how to resolve your case fast and effectively is court proceeding. Regarding your private insurance, I am not sure what value it covers. If not full (600€), the rest should be paid by the airline, of course only in the case that a valid entitlement exists. So let us know and we’re ready to help you and have a good night, Kamila

  • Lori

    Dear Jakub,

    I wrote you a couple months ago due to a cancelled flight from Swiss. Unfortunately, I experienced another cancelled flight on Swiss from LGW-GVA – and Swiss is now claiming adverse weather (which grounded flights earlier in the day – but the weather cleared up when our flight was supposed to leave at 20:25) as the reason. However, the real reason for the cancellation -as spoken directly by the captain personally who came out of the cockpit to share with us) is that the ground crew who loads luggage and who Swiss subcontracts to- was not there to load the luggage until the last minute, and Geneva airport would not stay open past 0:30am -as the airport normally closes at mid-nite and had already granted a 1/2 hour extension. Can Swiss claim adverse weather -when that is not the real reason, and is the burden of proof on me or on Swiss?

    • Kamila Z.

      Hello Lori,

      Thank you for another comment!

      It’s interesting that the airline and its captain differs in their statements.

      I am afraid that even though the reason (which has been told by the captain) would be confirmed by the airline, it will be considered as extraordinary.

      However, try to make some pressure on them to provide if all measures had been taken to avoid such a situation.

      Let me know in case of any further questions and have a good night,

      Kamila

  • Kathleen Cavanaugh

    Hi, would a crew member that called in sick on the day of the flight (we were not in flight) constitute extraordinary. Above you now serious illness during flight but my flight was cancelled about 5 hours before departure because a crew member phoned in ill. Thanks

    • Kamila Z.

      Hi Kathleen,

      Thank you for your question.

      My answer is simple – certainly not.

      The airline is liable to do everything they can to operate your flight on time. If some of the crew member team is ill, 5 hours before the flight, they should find a replacement or prove that they did their best.

      Hope it helps!

      Have a nice evening,

      Kamila

      • Kathleen Cavanaugh

        Thanks. That is what AerLingus came back with and so now I have appealed to our National mediator. They refused compensation stating that this constitutes extraordinary and therefore falls within that very broad clause.

  • James N

    I recently had a flight with United delayed 3.5 hours by an undisclosed “Air Traffic Control” delay. Only United flights were delayed out of Dulles on January 2nd. The weather was a chilly 53 degrees farhenheit and it there was a light rain. With my flight delayed by 3.5 hours, I missed my connecting flight to Sydney, AUS and thus missed boarding the cruise ship I was supposed to be on for the next 14 days. I had to book hotels and travel to New Zealand to catch up to my boat, of which I missed 4 days on.

    United is telling me they won’t do a thing to compensate me at this time and won’t tell me why the flight was delayed. I’ve lost $1300.00(cost of 4 days missed) for the cruise, another $600.00 for the flights to New Zealand and $300.00 for the hotel stays I had to book. Not to mention a couple hundred dollars for clothes I had to buy because United didn’t put my bag on my next flight to Sydney.

    What sort of actions can I take to seek compensation at this juncture?

    • Kamila Z.

      Hi James,

      I’m really sorry to hear that!

      Well, the ATC restriction is considered as something out of hands of the airline.

      However, try to claim under the Montreal Convention. It allows you to get a compensation for your direct monetary expenses caused by the delay (which you can clearly prove I suppose).

      You may also claim the baggage delay under the Montreal Convention, check out our blog post on baggage delay issues (unfortunately, you must make a complaint within the 21 days since your baggage was delivered).

      Let me know in case of any further questions and have a great night,

      Kamila

  • Davie L

    We travelled on Flight (Orlando to Gatwick), this was delayed and arrived at Gatwick around 90mins late at 9:15am, we had a connecting flight Gatwick to Glasgow, that was scheduled to leave at 10.10am, upon arrival at Gatwick I received a text and email (both at time stamped around 8:39am) to advise that the flight was cancelled. We were rebooked to then travel from Heathrow at 17:45. We went to the BA desk at Gatwick and were told no other flights could be offered and in fact the customer service we received was very poor and dismissive. We asked for lounge access given that we had about 7hours 45mins to wait thinking this was not unreasonable however this was treated with quick ‘oh you have no chance of that as the lounges will be very busy’. I calculate that in total we had over 9 hours of delays and cancellations.
    There were flights landing around the same time as we did and also leaving around the time our flight was due to leave at 10.10am.
    BA have refused compensation and cited adverse weather conditions (fog) and needing to reduce flow rate, yes it was foggy but I suspect the reason our flight was cancelled because it wasn’t full and the fog is a convenient excuse. Do you think we can take this any further?

    • Kamila Z.

      Hello Davie,

      Thank you for your interesting comment.

      It’s sometimes very difficult to get any help from the airline’s staff, right? It pays off to insist in your arguments and be knowledgeable of your rights.

      However, to confirm the reason of your delay you should ask the airline for a proof, alternatively ask National Enforcement Body for help.

      Unfortunately, bad weather is really complicated so in the case of negative results, we can try to help you with your case by the court way.

      Let me know and have a good night,

      Kamila

  • mare

    Hi Jakub,

    My flight from VLC to TSR (27
    nov 2016) was canceled. Incoming flight from TSR to VLC was diverted to BCN, so
    we have to rebook flight for tomorrow from Madrid. We spent night at the airport
    (there’s no assistance from Wizz) and paid train to Madrid.

    Airport was closed temporary (2-3
    hours and after that planes started to arrive and depart). I believe that Wizz has
    an option to send plane from BCN to pick us up and we’ll arrive to TSR in
    reasonable timeframe (2-3 hours later than schedule). I believe they didn’t wish
    to risk to send plane to VLC because it could get stuck if storm start again
    and it will make knock-on in TSR next day.

    I can accept delay due to bad
    weather but cancelation is very suspicious.

    I put a claim to Wizz and after
    2 months they finally decided to reimburse costs but I insist that i want
    compensation or proof of cancelation duo to bad weather in form of official
    document. They’re refusing to send me any document and keep saying it’s
    classified document and they can’t send it to customer. I have to believe what
    some agent in customer relations wrote in email!!!

    What’s your opinion about this
    case? Should I insist on proof or I don’t have this case and I should accept
    reimbursement?

    Marko

    • Kamila Z.

      Hi Mare,

      Thank you for your question.

      Firstly, I would like to make clear that the reimbursement of your costs and compensation for a flight delay are two separate issues, thus if the airline pays a reimbursement the potential entitlement for a compensation won’t perish. Also, to get a proof you may consider a help from the National Enforcement Body or relevant ADR (if possible).

      Let us know the results and have a nice evening,

      Kamila

  • Mireille Bos

    Hello, my flight was cancelled so they booked us on another flight which caused a delay of 24 hrs. I claimed but my claim was rejected because of ‘extraordinairy circumstances’ which were ‘the delay of the incoming aircraft in his previous rotation, caused by a technical defect which becomes apparent prior to departure’. I answered with your references to the lawsuits about this, and received this reply: We are aware of the ruling of the European Court of Justice and the related individual court cases you refer to. However, this ruling also states that airlines have a liability exoneration possibility in case it can be proven that the considered flight irregularity occurred in circumstances which are considered extraordinary and which could not have been avoided even if all reasonable measures had been taken.

    Flight LX288 on 26 April 2016 was postponed due to the delay of the incoming aircraft in his previous rotation, caused by a technical defect which becomes apparent prior to departure. Such a flight safety shortcoming must be considered unavoidable as such an incident cannot be totally excluded even if all precautionary measures are taken and all maintenance instructions are complied with.

    This interpretation is supported by the European commission, which has published a list of extraordinary circumstances in which technical defects which become apparent immediately prior to departure are specified to be extraordinary.
    ‘List of extraordinary circumstances following the National Enforcement Bodies (NEB) meeting held on 12 April 2013

    We ask for your understanding that in this case, considering the circumstances mentioned above, no compensation can be granted.

    While we would like to have an opportunity to be of service to you again in the future, Please consider this email as our final statement.

    is there anything i can do now? as they say this is their final statement do I need to take this to a court of law?

    thanks, mireille

    • Kamila Z.

      Hello Mireille,

      Thank you for your comment!

      This is a classic statement from the airline, especially from Swiss. Fortunately, the technical problem isn’t considered as an extraordinary circumstance.

      So use the same counter argument and I believe you will receive a very different answer.

      If not, let us know and we’ll be happy to help you with the court way!

      Have a great evening,

      Kamila

  • Annefloorm

    Hi Jakub, hopefully you still run this blog and you can help me out with this:
    On December 27th 2016 I flew with Finnair from Amsterdam to New Delhi via Helsinki. Once in Helsinki I found out my my flight to Delhi (flight AY021) was 5 hours delayed because of an ill pilot. The one who had to stand in for him already had too many flight hours so we had to wait until he was allowed to fly again.
    I received a coupon with a value of 17 euros to buy some food and that was it. Until now Finn Air refuses to compensate me financially even though I had to buy a new (expensive) plane ticket in New Delhi because I missed my flight from Delhi to Goa when I arrived in Delhi. I would like to know if Finn Air is correct in not compensating me. Thanks in advance!

    • Kamila Z.

      Hello there,

      Thank you for your interest! And yes we are still running this blog even though it might seem differently.

      To answer your question – the airline should reimburse your costs spent on alternative flight ticket (or provide one) and also they should be able to replace the pilot or provide a proof that they did everything possible to avoid such a delay.

      Let us know how it went and have a nice evening,

      Kamila

  • Katie O’Connor

    Hi I have a question…

    I was recently booked on an easyjet flight from bologna to Gatwick that was delayed by 19 hours due to a private jet overrunning the runway and landing in the mud causing bologna to close the airport until 2.15am however by this time the flight could not take off due to the working hours restrictions on the pilots. Does this count as extraordinary or not as it was clearly the human error of the pilot of the private plane? We were left waiting for 8 hours before being told that we would need to be given overnight accomodation which the airline screwed up by sending too many passengers to a hotel with not enough rooms and resulting in us waiting another 2 hours before being given another hotel. They also did not provide any transport to or from the hotels even though they were supposed to. This delay impacted on my family also as my father in law had to cancel a course and hotel that he had booked and paid for but could not go to due to having to look after animals at home because I was delayed. Basically I am asking can I claim compensation for 1- myself and 2- my father in law?

    Thanks

    Katie

    • Kamila Z.

      Hi Katie,

      I’ll separate my answer into two part.

      Firstly, if you have any receipts of expenses which have been caused by the delay (transport for example), use it to claim a reimbursement.

      Secondly, the restriction certainly came from ATC – meaning extraordinary circumstances.

      However, it’s weird that due to this the pilot was out of hours. Try to ask for a proof additionaly use the National Enforcement Body to have slightly better leverage.

      Hope it helps!

      Have a nice evening,

      Kamila

  • Victoria Parnell

    Hi, can you help please. On October 9th 2016 we were due to fly home from Kefalonia with Thomson Holidays. Thomson cancelled the flight due to an impending air strike. The strike was called off on Saturday 8th October 2016. Thomson have thrown out our claim for compensation saying it was exceptional circumstances. Can they legally reject our claim for 800 euros?

    • Kamila Z.

      Hello Victoria,

      If I understand correctly – the strike never happened?

      Honestly, I don’t know whose strike do you mean but if it was a strike of the Air Traffic Controller staff it’s considered as extraordinary even though it has never taken a place.

      Please let me know in case it would be a different strike.

      Have a nice evening,

      Kamila

  • hazel

    Hi Jakub , question for you , we flew Ethiad airlines that should have been Abu Dhabi bound , instead we landed in a military airbase in Dubai , it was a very traumatic incident and we were given very little information as to what was happening . We were delayed for about 7/8hrs in total.Resulting in having to get a “bonded” coach from the miliatary airbase to the aiport in Abu Dhabi , all we were and have been told is that there was a security threat on board. Where do we stand on this ? taking into consideration the stress and lack of communication from the airline as to what was happening during this whole process ? please advise …thank you.

    • Kamila Z.

      Dear Hazel,

      I understand that such an experience is really inconvenient!

      But if there was a real possibility of the security threat (do you know something more specific?) there won’t be any liability of the airline to pay a compensation.

      Let me know if you have some more info about the threat, alternatively try to ask the airline.

      Have a great evening,

      Kamila

  • Max Radford

    Hi Jakub

    Thank you for a very well written article.

    My question to you is this.

    My flight was delayed (Easyjet) from Tel Aviv to London.
    Was due to take of at 7.35 pm but when we arrived at the airport was told delay of 1 hour.
    Then we were told two hours so 9.30 pm and that is was due to a passenger on an incoming flight being taken ill and needing to stop and drop off En route to Tel Aviv.

    At that point we were told that our london bound flight will stop on the way in Milan to change crew as the crew would be “out of ours” mid flight. Then we were told that stop off would be in Athens (nearer to Tel Aviv) to change crew. Finally informed that the flight was cancelled and will be the following day around 12.00 Midday, some 16 hours later.

    The claim against easyjet came back with “Extraordinary” under EC 261/2004 confirming that it was due to a medical emergency.

    The thing is Jakub, the medical emergency was not on our flight… it was on the incoming flight which was only delayed by an hour or so. The plane was sitting at the gate when we were preparing to board at 9pm but it was the lack of staff/crew out of hours that our flight was cancelled.

    please advise as to weather my claim is valid. I do not believe that passanger illness on a prior flight constitutes extraordinary circumstances for my flight. My flight was cancelled due to inadequate staffing.

    many thanks

    Max

    • Kamila Z.

      Hello Max,

      Thank you for the great comment.

      The initial reason is of course considered as an extraordinary circumstance.

      However, it should have been predicted by the airline that the crew won’t make i so I believe that some possibility of getting a compensation exists.

      If you have read some of our previous answers it might seems that it just repeats, but persevere in argument sometimes really helps.

      So I would like to recommend you to ask for a proof and don’t be afraid to use National Enforcement Body or relevant ADR.

      Also, please let us know how it went!

      Have a nice evening,

      Kamila

  • paige boateng

    Hi Jakub,
    I was wondering if you would be able to advise me on how to proceed with an easy jet claim. We was due to fly on New Year’s Eve (Saturday 31st Decemeber 2016) the day before was foggy but we checked online before we left and it said our flight was on time. When we arrived at the airport it became delayed by 40 mins, then went decreased to a 20min delay. We rushed to the gate and found everyone waiting for board, we was delayed for a further hour at the gate. We lined up to board the plane and then the line did not move, after 30mins of standing someone at the check in desk told us to take a seat back at the gate because it would be a while.

    1 hour and a half later I saw the crew walking off the plane and they announced that the flight was cancelled until the next morning ( total delay 23 hours). They check us into a hotel in Gatwick and gave use dinner and breakfast.

    We tried to claim when we got back because it the staff told us the flight was cancelled because of flight delays therefore they had no crew to fly the plane as they was over their hours.

    Easy jet is claiming bad weather when we tried to claim but it is I am unsure if that was the full reason and I believe it had more to do with the crew going over their hours than the fog.

    How would you advise us to proceed?

    Thanks!!!

    Paige

  • Jade Sulph-Dearing

    Hi Jakub

    I was scheduled to fly from Gdansk (Poland) to Luton airport with Wizz Air but the plane never arrived in Gdansk from its previous destination.

    We were told it was due to a technical issue with the plane and provided with an alternative flight and accommodation and food until then.

    Upon arriving back in the U.K. I applied for the EU compensation, but the airline say technical issue was due to extraordinary circumstances.

    I’ve asked for more information around the circumstances and the report, which they say the don’t provide to the public.

    Am I doing the right thing chasing them?

    Thanks again.

  • Allisone

    Hi Jakub
    I was flying from Alicante (flight no EZY1918) to Manchester on 23rd of Feb. Storm Doris day. We took off at 11.05 (landing at 1 pm) & the captain said “I’m not going to lie – the rain is horizontal at Manchester” As we flew in he said “out of 10 planes only 2 have managed to land”. We got diverted to Glasgow, arriving at 3 ish, then coached back to Manchester arriving at 11.15 pm.
    I have tried to claim but “Extraordinary” was put for not paying claim.
    My argument is: They knew at take off that Doris was in full flow & that they may not be able to land at Manchester. How can they claim “Extraordinary” when they knew in advance at departure airport about Doris & Manchester was not closed as they tried to land, pulling up at last moment (very scary).

    Is my next step to ask for a “Evidence of Extraordinary Event”?

    Many thanks

  • Jamie Roberts

    Hi

  • PJ

    Hi Jakub,

    Finnair are refusing compensation on the grounds of delay caused by a passenger and their luggage being unloaded from aircraft who did not have valid travel documents.

    Seems like something airlines should be prepared for and also raises questions on why the passenger was allowed to board in the first place if they did not have valid travel documents.

    Seen anything like this before?

    Regards, PJ

  • Benji

    Hi there,
    Really insightful article on here. Very much appreciated.

    BA turns down a 4 hour delay claim due to “earlier heavy landing of aircraft caused by a sudden wind shear just before aircraft touched down. Lead to a hydraulic leak so had to be fixed”.

    From your article, am quite confident I have a case. Kindly advise.

  • Eliška Mollová

    Hi Jakub,

    The same thing happened to us. We were delayed by over 3 hours with easyJet due to “extraordinary weather conditions”. As you said, we wrote to them asking for evidence, however this is what they replied:

    easyJet do not provide copies of the Disruption Report that details weather conditions leading to delays or cancellations.

    I have, however, re-checked the Flight Disruption Report and I can confirm that the reason for your cancellation was adverse weather conditions causing knock on effects over the course of the day.

    This is classified as extraordinary and as such no EUC compensation is payable on this occasion.

    So now what?

    Thank you for your reply!

  • Fred Rose

    American airlines: Took a flight from Dallas to John Wayne airport. Flight had to land at Ontario Airport 40 miles away. Pilot stated the plane was carrying to much Weight to land at John Wayne as it has a shorter run way. After landing in Ontario and letting some passengers off we then flew to John Wayne Airport. I filed a complaint and was told by American Airlines it was a weather issue. I told them it was a weight issue as people were let of the plane and we then Landed at are designated airport once the weight was reduced.

  • Randi Elisabet Breivik

    Hi Jakub
    This site is most informative and I thank you for that. I used a verdict you mentioned of technical problems in a previous complaint, and it turned out in mu favour.

    Now my air line (where I live we have only one in the winter time) has a new excuse. They say that the cansellation was due to the crew being stuck in bad weather conditions at another airport in the country.
    Is that really a valid reason? I think not, but do you know if a thing like that has been tried in court?

    Thank you.

  • Roberta

    Hi Jakub,
    Thanks for the good article, it summarizes a lot of useful information.
    I would like, if possible, to hear your quick opinion on the following.
    My flight was cancelled due to a truck, at the airport, which hit accidentally the second engine of the plane while we were already on-board and it damaged the engine so badly that we could not take off for security reason.
    I have asked for compensation, but they claimed the Regulation (EC) No 261/2004 and Montreal convection, saying that this was out of their control.
    Do you think that this is really out of their control and can be labelled therefore as an unpredictable event?
    The truck was the one carrying the machine for defrosting the plane wings from ice before taking off (hard Scandinavian winter 🙂 ) …not sure, but I assume that such operation is managed and run by the airport and not the company. What is your opinion?
    Is it worth at least to ask for proof and evidence?

    Thanks in advance 🙂

  • Suzanne Yung

    Hi Jakub
    Can you claim for a flight cancellation due to a ground staff strike, when the airport staff were striking the day before my son travelled and they were threatening more strikes imminently? The Airline did not forewarn my son before he travelled. If they had, then he would have made sure his insurance covered strikes which unfortunately the cover he took out didn’t. He was stranded in Berlin last Monday , they offered him a flight home the next day but he had to be back in university the next morning for an exam so ended up having to pay for a first class train ticket to Hamburg of about £60 and pay £230 on a flight homeas that was all that was available. Ryan Air only oferred him £35 refund on his return flight stating extraordinary circumstances which the travel company have also stated. Incidentely they were still striking the following day so he still wouldnt have been able to get back then?
    Thankyou

  • Andrea

    Hi Jakub, I appreciate your very informative post.

    I was scheduled to go on a flight from Vancouver, Canada to Paris, France. The night before the flight the airline said the flight was delayed, then cancelled, then I was re-booked onto the following day’s flight with a slightly earlier departure than usual. So in the end, some sources say the flight was cancelled, and some say it was delayed (and I saw both terms used while I was waiting for things to get sorted). Either way, I received no “care” from the airline, and no explanation until I was on the plane 21 hours later than scheduled.

    The next day, while on the tarmac, the pilot made an announcement that the pilot he was filling in for had become sick in Vancouver and that the airline had to fly a new pilot all the way from France to Vancouver to replace the one who fell ill. That flight is about 9 or 10 hours with 2 or 3 hours that the plane is on the tarmac for cleaning and fuelling, so you can see where the mess up came from. There’s only one flight per day in each direction for that airline.

    The airline is now telling me it was not an extraordinary circumstance because it was a pilot illness, but surely they must have a back-up plan in case a pilot falls sick during his off hours between flights. I understand that if a pilot becomes seriously ill during a flight, the plane may need to be grounded, but the text message notifying me of the change came through around 9 or 10 pm the night before the scheduled flight which should have departed around 1:30 pm the next day. There should have been time for the airline to sort itself out and get the passengers en route to Paris without a 21 hour delay.

    My guess is that the airline does not want to pay an extra salary to have a stand-by pilot in Vancouver in case these things happen, but really, they must lose a lot more money having to pay out hundreds of passengers each time a pilot gets sick. I think this case requires compensation because it was a delay that could have been prevented. Everyone gets sick from time to time. No, the timing is not predictable, but the fact that it is one day going to happen is just as ordinary as the breaking down of mechanical parts over time. It is inevitable that a pilot will eventually become sick and the airline should have a contingency plan in place for such circumstances. Do you not agree?

  • Alex Adam Al-Hou

    Hello Jakob
    Before 3 weeks Me and my friend had a flight from Berlin to Dubai with a stop in Istanbul
    (PEgasus airline) and the flight to istanbul was 3,05h delayed, Ian there anything we can do or if you can help us with it would be better

  • Federico Nuñez Cooper

    Hi Jakub, I have a question, my airplane from Zurich to Sao Paolo emergency landed in Dakar and we were stuck there for 13 hours, making me loose my connection flight in Sao paolo to Montevideo, where I received a hotel to spend the night until next mornings flight. Do I have right for compensation of the 13 hours stuck in dakar, or that i arrived at destination more than 24 hours after? kind Regards

    • SandyMac

      Hi Jakub, my wife and I were also on this flight, ZRH-GRU making an emergency landing in DKR.
      The original arrival time in GRU was 07:05 (13/03/2017) the replacement flight landed at 23:00 (13/03/17). On March 15th 2017 The Aviation Herald reported the following:
      “both fuel pumps on engine #2 (CFM56, inboard left hand) failed. In addition the crew received a smoke detector indication from the lower deck mobile crew rest. The smoke indication was later determined to have been false.”

      In DKR we were given 1 sandwich and 1 250ml bottle of water, and prior to landing in GRU the Swiss crew came through the cabin, giving out cards which allowed the recipient to claim a CHF voucher with Swiss or Air miles, however they gave out two different sets of cards, on the left side of the cabin passengers received cards offering 200 CHF and on the right side the cards offered only 50 CHF!
      I have not tried to claim against the voucher as it will void a full claim under EU Article 261/04 right? I am going to send a letter directly to the airline requesting compensation.

      • Federico Nuñez Cooper

        Hi Sandy,
        We are entitled to 600 euro compensation. Airlines usually declines your request three times before they accept ( happened to me with both Qatar airways and Vueling) just keep fighting back, we are entitled to the compensation.

        • SandyMac

          Hi Federico, I will do thanks for the update, I must admit with work I forgot ot look here for your response it does seem like Jakub is not so active on his blog! Real shame it was well set out.
          Hope you are well, all the best Sandy

  • Federico Nuñez Cooper

    Are you not responding the questions anymore?

  • Michael Embury

    Hi. Great site by the way.Norwegian Airlines recently denied a claim we made for compensation, (using European guidelines for compensation) on a flight that was delayed 3 hours 15 minutes from Oslo to Ft Lauderdale. Wife missed connecting flight, had to pay for re-booking + pay for a hotel as no more flights that night. Their reply was:”Reason for disruption: This delay was caused by mandatory security measures.”
    Sounds like a blanket reply to make people go away or are you aware of a law that allows airlines to do this? BA in the past have not contested compensation claims for cancelled and delayed flights, using the same European Guidelines for fair air travel treatment.

    • Hi Michael, thanks for sharing your experience. The situation you described is actually the reason why ClaimAir exists… airlines use these tricky phrases just to dissuade travelers from pursuing compensation further. Feel free to register your case on our website, we’ll get you the compensation. Thanks, Jakub

      • Michael Embury

        Thanks for your response Jakub. I’ll do that.

  • Julia

    What about protestors going onto the runway you’re supposed to land at (Stansted) meaning your flight is redirected to Birmingham. Would Stansted pay out for this? Or the carrier? Or neither? I’m out of pocket because they had us waiting for 4 hours at Birmingham airport to put on replacement bus services. None came and after four hours in the middle of the night, I booked myself on the first National Express coach out of there (at 3.20 a.m.)

  • willard

    Hi jakub,
    we were delayed for 5.5 hours on a norwegian air flight. I sent a request for compensation but norwegian say that our delay was due to exceptional circumstances.

    Flight disruption information:
    Norwegian flight: xxxxxx
    Disruption type: Delayed
    Delay time: 5 hours and 37 minutes 
    Reason for disruption: This delay was caused by an earlier disruption within our network that had a direct effect on this flight. The original flight was disrupted due to a medical divertion

    There’s no further action I can take is there?
    Thanks.

  • Amy

    Hi,

    My claim has been rejected by the airline on the grounds that it was delayed because of aircraft damage which wasn’t caused by us (BA), which prevented the aircraft operating as scheduled.
    Basically we all boarded, someone was late and not allowed on the flight therefor his baggage was taken off the aircraft, there was then a problem with the baggage door not closing, when this was being investigated they found damage to the plane (some sort of large scratch). We were told to disembark and then later boarded the same plane (5 hours total delay)
    My question really is, how is this not the airlines fault and do you think there is chance of a claim?

  • Pamela Maher

    I was travelling from Montreal via Zurich to Manchester with Swiss international airlines.
    The flight from Montreal was delayed causing me to miss my connection to Manchester but I later found out that the flight from Zurich to Manchester was cancelled anyway. Therefore I was rerouted via Frankfurt where I had a 6 hour wait. I eventually arrived in Manchester approx. 10 hours late. I am a 70 year old lady so this caused me a considerable amount of stress. In Zurich I was given a phone card which I was unable to use and a meal voucher which I didn’t have time to use.

  • Hannah Jones

    Hi Jakub,
    Would be really grateful for some advice. On a recent EU flight which was already delayed by an hour, we were an hour into the flight (45 mins from destination) and advised there was a crack in the cockpit window so returning to our original airport. We returned, there were a number of other delays, and then a new plane organised – we got to our destination 5 hours late. Do you think this would be considered an extraordinary circumstance? You reference above that tech issues shouldnt occur during a flight so if they do then it may be considered to be extraordinary, however even if this was the case, the pilot made the decision to return to the original airport (where the company is based and presumably had engineers who could fix the windscreen) rather than continue to destination which would have been quicker to get to.

    Grateful for any advice.

    Thanks

  • Daniel Vassdal

    Hi Jakub,

    A flight I was on recently from Copenhagen to the Faroe Islands was delayed due to a problem with the hydraulic system of the aircraft. Due to this we were a few hours delayed travelling out of Copenhagen. Arriving at the Faroe Islands the captain announced on the speaker system the weather had deteriorated since their original scheduled arrival time. Thus we had to go back to Denmark and take a later flight they set up. I sent a claim to SAS, pointing out that according to the captain’s statement, the reasonable takeaway seems to be that if it had not been for the technical fault (which is not extraordinary as far as I can tell), the extraordinary (weather) circumstance would not have occured. SAS just replied that the weather is out of their control. Under your judgement, is this worth pursuing further, or is SAS right in that the initial cause of the delay doesn’t matter?

    • Yes, it’s definitely worth pursuing further. Let us know by filing your claim at claimair.com/booking/new should you need our assistance. Jakub

  • Sarah Jordan

    Hi Jakub,
    WOW air is refusing to pay compensation for a 12 hour delay, which meant I had to cancel my trip. 5 months later they are saying this due to the death of a crew members family member. While the death is extraordinary and very sad, they didn’t have another crew member to replace the missing crew member for more than 12 hours… would this be claimable or not? Thanks,
    Sarah

    • Hi Sarah, without further details it’s hard to say… did it happen at WOW Air’s homebase? I guess that it won’t be considered extraordinary… although it’s sad, it can happen so the airline must deal with it – to compensate affected travelers. Try to follow the rules mentioned in the article to determine further and let us know. Jakub

  • Marta Calastri

    Hi, I’ve found this article very interesting.
    What about fuel supply disturbance at the airport? is it part of the extraordinary causes?
    Thanks in advance, Marta

    • Yes, it’s at least unexpected and external event so it can be considered an extraordinary circumstance. Do request evidence of this event until you accept it. Jakub

  • yoke

    Hi, wonder if you will still give advice on a post so long ago now, I flew Finnair with my 9 months old baby from Dublin to Singapore via Helsinki. Upon arrival at Helsinki, we were told there was a delay however no reason was given until approximately 2 hours later where the Finnair staff claims that the c-pilot is sick and the flight will be rescheduled to 13 hours later. Food and lodging provided so was alright however the flight was further delayed 4 hours. The airlines has claimed that pilot being sick is an extraordinary circumstances and even though Helsinki is their base, they claim that according to the Finnish Pilot Union SLL declaration of a work-to-rule industrial action, they cannot pay out a compensation. Please advice

    • Hi Yoke, this most probably won’t be considered extraordinary… considering that Helsinki is their base, a pilot being sick is just a common issue they have to deal with. Feel free to file your claim at claimair.com/booking/new so we can assist. Thanks, Jakub

  • Paul

    Hi Jakub,
    My partner and I were recently due to return from Greece and I received a text late in the evening from my airline to say that my flight the next day had been cancelled due to a ATC strike. The text advised that I use their online flight tracking service for information on how to reschedule or claim a refund. When I checked, their next flight was three days later and was fully booked and the one after that was not scheduled for several days after that. As such, I had to book with with another flight operator and request a refund for the return flight. This flight was an additional three days after my scheduled departure and I had to pay for additional accommodation and expenses.
    My question is as although they can legitimately cite ‘Extraordinary Circumstances’, do they still have a duty to offer us ‘Right to care’ under article 9 of 261/2004 and should this have been offered to us?
    Thanks in advance.

    • Hi Paul, yes, the duty of providing you with proper care still exist, so you should have been compensated for your extra expenses. If you register your case at claimair.com/booking/new we’ll happily get compensation for you. Thanks!

  • Laura Tagnin

    Hi Jakub, this is just an annoying situation with a German airline (Airberlin) that refuses to reimburse me.

    My flight from Berlin to Innsbruck (Austria) was canceled because of an exceptional circumstances (a strike at the airport). I understand that I’ve no right to any compensation, nevertheless I should be entitled to a right to care (in my case a hotel accommodation) and the reimbursement of my flight ticket.

    This happened in March and so far I haven’t been reimbursed. I filed seven complaint form and I also sent a formal written complaint, but it’s clear to me that the company has really no intention to comply with the European regulation. I also informed the German Enforcement Body, but had no answer from them. In any case their aim is to prevent infringements in the future, not to support my claims now. I do not expect much from them.

    Everything is very annoying, starting from the fact that I wasn’t even able to contact the customer service the day I was informed of the cancellation (the evening before the flight). The phone number that they sent my via email with the notification of the cancellation didn’t work with a non-German phone, such as mine. I contacted another international telephone number, but no operator was available at that time… I had to decide quickly to limit the damage and I opted for the old good train, more expensive than the flight! I also had to spend an extra night in hotel Berlin.

    I’d like your suggestion about what to do next. Is it better I put this all behind me and try to forget it or there is still something I can do? I thought about trying to take the airline to court, but which court? The German or the Austrian I think, two countries which I do not even speak the language. And then, for what… it’s all a bit depressing.

    Thank you.

    Laura

    • Hi Laura, the situation you explain is just a common procedure followed by airlines. Unless you have sufficient legal power and deep understanding of the law, your chances to succeed are low. We’d like to take over your case, just file your claim at http://www.claimair.com/booking/new and we’ll start working on it. Thanks, Jakub

      • Laura Tagnin

        Hi Jakub,

        Thank you for listening and offering support.

        Right when I was starting to loose all hopes, I received a very welcomed and unexpected email from Airberlin stating that they’re going to pay!! This happened yesterday (email copied below). I don’t know what triggered the process: me writing to the German Aviation Regulation Commission, my direct threats of lawsuits, an angry email to the Airberlin CEO (I was very frustrated), or a couple of blogs I joined —like yours!— where the name of Airberlin was associated to very low customer satisfaction. I really lost a lot of time, but, apparently, it was worthy.
        Now, I’m waiting to actually receive the promised money, therefore, I won’t rule out that you’ll hear from me soon again.
        Thank you,
        kind regards,
        Laura

        ——————–
        Dear Ms Tagnin

        Thank you for contacting us again. Please accept our sincere apologies for our delayed response in this matter.
        We would like to extend to you our regret and sincere apologies for the inconveniences caused by the disruption of your service. The reason for the disruption was a strike of the Berlin airport ground personnel, resulting in severe disruptions in flight operations.
        Kindly note we arranged a full refund of your additional expenses according to the receipts presented in the amount of 217.70 € to the indicated bank account.
        Please accept once again our sincere apologies. We hope to be able to reassure you of our reliability and would be pleased to welcome you onboard airberlin soon again.

        • This is so great news, I’m happy for you Laura. Persistency can also work, like in your case. I hope you will never face similar situation with your future flights… but in every case we’re here to help. J.

  • tandojones

    Hello, our flight was delayed nearly 4 hours from Luton to Edinburgh – no reason was given. Having just put my claim in they have said it was because of a “disruptive pax” on the previous flight therefore delaying us – but this isn’t our fault. Do you think we have case?

    • Hello, yes I’m sure we have a case. Further investigation is necessary to find out the real reason of the disruption, but we’ll happily take care of it. Just please visit http://www.claimair.com and register your case, so we can assist. Thanks, Jakub

  • Bibi

    Hi Jakub,
    Very interesting blog and very useful. My flight was delayed for 2 hours, with an additional rerouting to another airport. In the end, the delay was 3h to my final destination. They claimed that this was due to security reasons therefore no compensation allowed. The flights was within Italy between Rome and Bari (I also heard that this particular flight on a friday night was always delayed). I am getting a reply ready, asking for more information about the security reasons they claim. Is there anything specific I should add? Or keep it simple for now asking for the reasons?

    Best
    Bibi

    • Hi Bibi, yes, just keep your question simple requesting valid evidence. In case you won’t receive it, it’s going to be suspicious. You can also Google for any security issues happening on that particular day. We’d be happy to take care of your case, just file it anytime at our website. We’d do it for our standard 25% success fee. Jakub

  • Tim Williams

    I don’t understand how illness of crew can be extraordinary circumstances. Other businesses have arrangements to provide cover and bring staff in on short notice, with local arrangements to provide such cover. The electricity supply doesnt go off if a member of a team running a nuclear power station is ill. It is reasonably foreseeable that illnesses will occur.

    • Hi Tim. If you read this section thoroughly, you’ll find that this is considered extraordinary when it happens on-board or during the flight: “When a passenger or crew member becomes seriously ill or dies on-board or during the flight, it constitutes grounds for extraordinary circumstances.”. When it happens prior to the flight, the airline is responsible to make necessary arrangements so your understanding is correct for this case. Jakub

  • Andreas Martinsson

    What about when a delay is caused because the plane you were suppose to fly with did not land on time, resulting in missed departure slot on a full capacity airport and is forced to take a later slot resulting in missed connecting flight and airport B.

    • Andreas Martinsson

      correction “at airport B”

      • Hi Andreas, the eligibility for compensation still depends on a reason for the initial flight delay. But since it seems it was just a slight delay, I guess it won’t be classified extraordinary, thus you should get paid. Jakub @ClaimAir

  • Wenlin Xu

    Hi Jakub, this article is great and very informative. I’m in the process of claiming compensation for delayed connecting flight with Lufthansa per the Folkerts vs Air France case. We were flying from London to Osaka with 1hr 15 min stopover at Frankfurt, but the London-Frankfurt journey was delayed by an hour, although we made to the gate 5 min before departure, it was too late. The ground staff told us the airline had already re-routed us in the background (together with 5-6 other passengers flying to Japan on the same connecting flight). We flew to Shanghai then to Osaka and eventually landed more than 8 hours later than originally planned. The airline also lost our luggage and we ended up in a foreign country with only wallet and passport for 8 days, but that’s a separate issue that I won’t get into here, the whole experience has been super stressful.

    I called the airline with regards to reason for the delay, and I was told it was due to “intended offload due to missing passenger” and hence it was an extraordinary circumstance. I’ve got three questions:

    1. Let’s say that is the real reason, I can see that you believe it’s in fact within the airline’s control, could you maybe share with us some case law / relevant articles on this? I’ve been researching extensively online but couldn’t find any successful ones.

    2. When we are on board, the capital told us the delay was due to a sick dog, and we saw a lady getting off the plane (presumably to retrieve her dog). If the airline changes the reason for delay, does a sick dog bear the same weight as a sick passenger, and therefore count as extraordinary circumstance?

    3. In the Folkerts vs Air France case, the ruling mentioned something on compensation mitigation: “discharge of obligations pursuant to the regulation is without prejudice to air carriers’ rights to seek compensation from any person who caused the delay, including third parties” (https://curia.europa.eu/jcms/upload/docs/application/pdf/2013-02/cp130018en.pdf). I’m struggling to understand the language here, does that mean the airline could argue that I should seek compensation from the lady with sick dog who delayed the flight instead? or that the airline should compensate and claim it back from the lady with sick dog?

    Sorry for such long post, and I would really appreciate any inputs or advice from you/ your colleagues. Thanks a lot.

    • Hi Wenlin, thanks for sharing your story with us. It actually makes me super-determined to invest further into educating people about their rights as air passengers, so this won’t ever happen to anyone. Of course, compensation will most probably always be claimed retroactively but if you had known your rights properly, it would have never been so stresful.

      To answer your questions:

      1+2) Judgments rule specific situations that happens and make it to the last judicial stage. I mean that not all situations have been ruled by courts and the one you describe haven’t been either. But if you dig deeper (like we do at ClaimAir), you’ll see patterns that are followed by all courts. The rule you should use is that “intended offloading due to missing passenger” is an activity inherent in the normal exercise of the activity of the airline and like technical problem with an aircraft it doesn’t constitute grounds for extraordinary circumstances.

      3) This means that if applicable, airlines can seek compensation to be reimbursed once paid off to travelers from third parties like handling companies, airport authorities etc.

      I guess that the airline will still argue back even though the law is on your side. If you need our helping hand, please file your claim at claimair.com/booking/new so we can assist.

      I hope it helps!
      Jakub

      • Wenlin Xu

        Thanks Jakub for still reading visitors’ post and answering their questions. This is what I wrote to the customer relations: “A) Air carriers deal with late and missing passengers on regular
        (if not daily) basis, the ultimate service an airline provide is to
        efficiently transport, load and offload passengers and their baggage. It
        would be impossible to argue that “intended offload due to missing
        passenger” is not inherent in the normal exercise of the activity of
        Lufthansa; B) Managing late passengers and offloading unidentified
        baggage without causing severe delay are certainly within control of any
        airline, whether Lufthansa handled the process in a timely manner would
        be a completely different question.” They haven’t responded yet probably because it’s weekend, though I worry I’ve shown my hands too early and these are all my cards…

        • If it doesn’t work, the only way to succeed is to sue the airline… but I’ll keep my fingers crossed for you it works without it – then the purpose of this blog post will be achieved! Let us all know Wenlin. Jakub

          • Wenlin Xu

            Thanks Jakub, fingers crossed. Do you guys offer service on small claim court stuff if we have to take them to court in the end?

          • We offer a full-service… we’d completely take these hassles out of your shoulders and would get you money based on 25% success fee (if judicial way becomes necessary, additional 25% legal fee applies, again only when compensation is received). You can find all details on our homepage…

      • Wenlin Xu

        Hi Jakub, here’s an update on the claim and I hope this could be useful for other passengers in the future. I’ve reported Lufthansa to Söp – the “German Conciliation Body for Public Transport” since Lufthansa failed to respond to my claim. It took them just less than 4 months to investigate the case and it was ruled that the airline is partially responsible for the delay , and hence partial compensation of GBP320.

        In favour of the complainants (myself and husband): They referred to Art.5(1) lit. c) in conjunction with Art.7 lit. c) regulation (EC) No 261/2004.

        In favour of the respondent (airline): They referred to Art.5 (3) of Regulation (EC) No 261/2004, re the two requirements – “Extraordinary circumstance” and “Inevitability”. The “Extraordinary circumstance” ruling are as follows:

        Per Lufthansa, ATC restrictions caused the delay. “ATC’s purpose is to prevent collisions as well as organise and expedite the flow of air traffic…as part of the normal exercise of the activity of an air carrier on the one hand”, and that “On the other hand, the airlines have to follow such orders. Delay caused hereby could be seen as lying beyond the airline’s circle of influence … if the reason for restriction is an extraordinary circumstance itself. However, in the case at hand, the respondent did not explain that an extraordinary circumstance (such as: political instability, incompatible meteorological conditions, security risks, unexpected flight safety shortcomings or strikes; cf.recital 14 regulation) caused the restriction.”

        “… take-off was (further) delayed because baggage had to be unloaded. Whether this qualified as an extraordinary circumstance seems doubtful. However, if the reason for the offload already qualified as an extraordinary circumstance, as such, the constellation could be qualified as extraordinary. This could be the case here, as a passenger’s or their dog’s health condition naturally lie outside of the normal flight operation and cannot be controlled by airlines.”

        • Wenlin, many thanks for sharing all details… it’ll certainly help other readers when dealing with similar situation! I’m so happy it’s been ruled in your favor! J.

  • karen Randall

    Hi
    My brother-in law’s flight between Gatwick and Tenerife was first rerouted 45 mins before landing to Gran Canaria where he waited and finally got a different flight to Tenerife. Delay over 5 hours. Airline (Thomas Cook) have advised that no compensation due as ” Extraordinary circumstances”. They claim another airline (Jet2) had burst tyres and was blocking the runway in Tenerife. Any advise?t

    • Hi Karen, as you might read in the post, without any evidence the airline is still obliged to pay compensation off. If the claim of burst tyres is true it shall be considered an extraordinary circumstance. J.

  • Anniegyg

    Hi, I was on a Monarch flight to Gatwick on the 17th July. Gatwick had to shut the runway so we circled for about 20 mins @ 2.20 pm – 2.55pm.. After a couple of announcements saying we were going to have to land in Luton we had to land in Cardiff (everyone else had gone to Luton/Heathrow. After sitting on the the plane in Cardiff from 3.15 – 5 pm the Captain then said he had reached his ‘hours’ for the day so we had to disembark and get the coach to Gatwick. No offer of any food so far. Got off the plane, through customs collect luggage. No-one other than Cardiff ground staff around to offer assistance. Coaches finally left for Gatwick @ 6.30 pm. I got a train back to my home town rather than sit on the coach to Gatwick to then get the train home. Gatwick airport had reopened and was landing planes from @ 4.15pm if not a bit earlier. Dubious to whether they will pay compensation for delay over 5 hours – what do you think? Out of pocket by @ £65 for travel back home from Cardiff. Thanks for any advice 🙂

    • Hi! Your out of pocket expeses should be certainly reimbursed by the airline as they must transport you to your final destination on their own costs. The reason of the initial delay can be considered extraordinary while the latter (crew out-of-hours) not. Your situation hasn’t been ruled by any court decision yet. However, since the captain reached his “hours” due to extraordinary circumstances, in my opininion a court would decide that the major part of the delay falls into the definition of extraordinary circumstances, thus no compensation would be due…

      • Anne Thompson

        Hi Jakub, just to let you know that so far Monarch are refusing to pay the £67 costs for me to get home by saying the delay was not their fault. They say they provided transport back to Gatwick via a coach. I am really annoyed with them now as I know they paid for 3 guys to go from Cardiff to Gatwick in a private taxi and also they offered no refreshments to anyone despite the fact they we on the plane for nearlyb2 hours at Cardiff and then left at the airport for another hour before the coach turned up then another 30mins before it left! I have gone back to them again with my taxi & train ticket so will see what they say.

        Kind regards

        Anne

        • Thanks, Anne. The airline knows that the value of your claim is so small that it’d be very difficult for you to enforce your claim by a judicial way, so I assume they will strive to hold their position. I’d recommend you to file a claim with National Enforcement Body (in a country of departure of your flight) – the process is extremely lenghty but I find it the only way how you can succeed. Jakub

  • Anne W

    Hiya,

    Thomson have rejected our claim for this reason….

    TOM195 PVR-MAN G-TUII has had to night-stop in PVR after the MEX-PVR scheduled service on which the operating crew were positioning was overbooked by 17, resulting in 3 x Cabin Crew not travelling. Total estimated delay 13h 25m.

    The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation.

    Is this right?
    Many thanks

    • Hi Anne, no this can’t be classified extraordinary – this is just a common operational activity of the airline and they should deal with it (or compensate affected passengers). Jakub

    • Simon Davies

      Was your flight on 19th May 2017? We have just been informed that our plus 13 hour delay on that date (TOM195 PVR-MAN) was due to a medical emergency.

      ‘In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM195 from Vallarta to Manchester and our delay handling logs show that the flight was delayed due to medical emergency.’

      • In every case, they should provide you with the logs, ideally impartially verified (even though it might be difficult for you to get them). Jakub

      • Anne W

        Hi Simon, Yes our flight was on the 19th May 2017.
        That’s strange we have only just been informed and above is what I copied and pasted from their email.
        Why would they give different reasons?

        • Simon

          Hi Anne, I suspect that they are using any excuse to wriggle out. We have just today (2/8/17) heard from Thomson – below is what they sent us – like yours copied and pasted from their email. Our case is with CEDR (Centre for Effective Dispute Resolution) and Thomson are due to get back to them with their response by 10th August. I will post here again when I hear anything. I suspect it will help both our claims that they are giving different reasons, as it may suggest they are making it up as they go along! I know the outbound flight leg arrived at PVR as scheduled (well – 15 mins late) and was overnight at PVR – the reasons given to you seem like more of a convincing explanation than ours, but as Jakub says they are not extraordinary circumstances. Good luck with it!

          Simon
          ———————————————————————————-
          Thank you for taking the time to contact us regarding your flight delay claim.

          In a limited number of circumstances Regulation 261/2004 of the European Union (“the Regulation”) now entitles some affected customers to a payment when their flight is delayed over three hours on arrival.

          In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM195 from Vallarta to Manchester and our delay handling logs show that the flight was delayed due to medical emergency.

          So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe.

          In this draft, the Commission has intimated that the following would be considered extraordinary circumstances:

          16. Passenger or crew member becomes seriously ill or dies on-board at short notice before the flight.

          An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

          The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation.

          Thank you again for taking the time to contact us.

          Yours sincerely,

          • Anne W

            Hi Simon,
            I was just going to leave it after they sent their reply, here it is in full:

            DENIED BOARDING – Non Compensation
            Airports: – PVR-MAN
            Dates: – 19/05/2017
            Flight Numbers: – TOM195
            Flight confirmed for authorisation by the PC: No

            TOM195 PVR-MAN G-TUII has had to night-stop in PVR after the MEX-PVR scheduled service on which the operating crew were positioning was overbooked by 17, resulting in 3 x Cabin Crew not travelling. Total estimated delay 13h 25m.
            Resolution: Non Compensation

            Thank you for taking the time to contact us regarding your flight delay claim.
            In a limited number of circumstances Regulation 261/2004 of the European Union (“the Regulation”) now entitles some affected customers to a payment when their flight is delayed over three hours on arrival.
            In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM195 Puerto Vallarta to Manchester and our delay handling logs show that the flight was delayed due to your aircraft having to night stop as the 3rd party scheduled service on which the Thomson operating crew were travelling to join your aircraft, was overbooked. This resulted in 3 crew members not being able to travel.
            So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe.
            An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
            The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation.
            Thank you again for contacting us.

            So I don’t really know how to proceed from here. How have you responded to their letter and what is CEDR.

          • Simon Davies

            Anne, I am not absolutely certain, but I think Thomson should tell us in their letters what the next step might be, namely that you have a right to go to an independent mediation service. CEDR are just that. If you search for ‘CEDR’ and ‘Thomson’ in Google you should be able to find them (here is a link, https://www.cedr.com/aviation/). I have heard that even if CEDR find in your favour, Thomson have been know to still not pay and the only option then is to try a no win no fee company or take them to court yourself. I will probably take them to court if they don’t pay, but it depends if you have time to do that (it is actually relatively straightforward to do through the small claims court). As I say, I should hear back from CEDR in the next couple of weeks, so will post the result here. Personally, I don’t see any point replying to the Thomson letter. As I said, I am inclined to believe that what they are telling you is correct. If the crew were on an overbooked flight, that is an operational problem. My understanding is that they had to fly them in via Mexico City, but they could have flown in to PVR via San Francisco or LAX, there are plenty of other options available to them. It is ridiculous to claim this is an extraordinary circumstance, just bad planning (or bad luck for Thomson).

            Best wishes

            Simon

          • @disqus_IUK094AYTP:disqus @disqus_qFzY09V9F1:disqus I really admire your persistence as individuals. As Simon said, the airline strives to wriggle out – the reason should be consistent and when it isn’t I’d find it suspicious. Just a side note – as far as I know, there is no Supreme Court ruling from October 31, 2014. It seems like a fictional ruling used by Thomson to give weight to its claim. I’ll keep my fingers crossed to your success, please let us know the outcome. In case you need ClaimAir to step in, file your cases on our website – http://www.claimair.com. Thanks, Jakub

          • Simon Davies

            Jakub,

            This is a really useful site. Thanks for your input.

            In relation to Thomson using a ruling on 31st Octiber 2014, they may mean this (below) …. both cases were refused appeal, and in the Thomson case it is about limitation periods – 6 vs 2 years which is not relevant to either Anne or my case as far as I can see …. The only ruling on 31 October 2014 is that both appeals were refused, so it hardly sets up a convincing defence for Thomson.

            Simon

            —————————————–

            From

            https://www.supremecourt.uk/news/flight-delay-compensation-pay-tv-retailers-in-administration.html

            1. Jet2.com Limited (Appellant) v Huzar (Respondent) and Thomson Airways Limited (Appellant) v Dawson (Respondent)

            The Supreme Court has refused applications by Jet2.com and Thomson Airways to appeal the Court of Appeal of England and Wales’ decisions in two cases about the airlines’ liability to pay compensation after travel delays.

            The legal issues at stake were (in the Jet 2 appeal) whether an unforeseeable technical problem resulting in a delayed flight amounts to “extraordinary circumstances” for the purposes of Regulation (EC) No. 261/2004; and (in the Thomson appeal) whether the applicable limitation period for bringing a claim for compensation under Regulation (EC) No. 261/2004 is 2 years, pursuant to the Montreal Convention, or 6 years, pursuant to the Limitation Act 1980.

            The Supreme Court has declined to hear either airline’s appeal and the Court of Appeal judgment in each matter therefore stands:

            [2014] EWCA Civ 791

            [2014] EWCA Civ 845

            The substantive text of the Supreme Court’s Order reads:

            “The Court ordered that permission to appeal be refused in Thomson because the application does not raise an arguable point of law; [and] permission to appeal be refused in Jet2.com because the application does not raise a point of law of general public importance and, in relation to the point of European Union law said to be raised by or in response to the application, it is not necessary to request the Court of Justice to give any ruling, because the Court’s existing jurisprudence already provides sufficient answer.”

          • Anne

            Hiya Simon,
            Did you ever get paid out for the delay on the Thomson flight.

            Kind regards Anne

          • Anne W

            Hi Simon,
            Thanks for that info, I know the reps at our hotel did tell us the crew were delayed flying in from Mexico City and would be out of hours when they arrived, which ties in with Thomsons reply, so was quite surprised to hear how they had responded to you.
            Good luck and will watch for your update.

          • Simon Davies

            Anne, CEDR have just mailed me to say that they have accepted we should be paid the compensation for the delay to TOM195. I have no idea if this sets a precedent in some way and Thomson still have a month to comply with the adjudicators decision. I will post again when and if Thompson pay up. It is a long process!

          • Anne W

            That’s brilliant news Simon, I hope you get paid out. I’ve replied to Thomson saying I don’t accept their findings and it was operational not extraordinary circumstances. I am awaiting their response. I will let you know if they reply,

          • So great to hear it worked for you, Simon. Just bear in mind that it won’t set any precedent and it isn’t settled unless you get money on your bank account. However, I believe that you’re close to a successful end. Please keep us all posted about the final outcome. Jakub

          • Shirley

            I received almost word for word email refusing my claim due to a technical fault. We were advised by the pilot that the planes cooker/microwave caught fire. We were not in the plane when this happened!
            Obviously passengers going on holiday were, as the flight was diverted to Lisbon.

  • jakub123

    Hi, just a quick question. If I contact an airline regarding a cancelled flight myself via E-mail and don’t succeed, does that prevent my right to submit a claim via ClaimAir afterwards? Thanks!

    • No. Even though we prefer to initiate communication with the airline ourselves for the sake of clarity and simplicity of processing, we can step into the discussion later. Just please bear in mind that once we take an action, we’re always entitled to our success fee, even when the airline pays you directly (which might happen since you provide them with your contact details earlier). Jakub

  • frank

    Hi Jakub
    I was booked on an Easyjet flight from Amsterdam to Bordeaux, it was cancelled at the gate – Easyjet claim that no compensation is due because the runway at Gatwick was closed so the plane for the AMS-BOD flight couldn’t get to Amsterdam – what do you make of this?
    Thanks
    Frank

    • You never know if this claim is true. Why was the runway closed? Shouldn’t have been the flight just delayed? You never know so unless the airline proves extraordinary circumstances as described in the article, you might be eligible. On the other hand, if it’s true, the runway closure can be considered out of airline’s effective control, thus constitutes extraordinary circumstances… I know, it’s tricky. Jakub

  • Marta Rubió Padreny

    Hi Jakub, your post has been very informative. I was due to fly at 19:50 on Saturday From palma to Gatwick. At around 6pm the easyJet app mentioned there was an hour delay; when I dropped my suitcase that delay was still the same but I was told it would most likely be shorter as they were sorting it out. Not even 10 minutes late reply the app told me the delay was now 5 hours. Long story short, the staff never gave us any uni or updates, made us start boarding at 11:15ish pm and after making us wait I’ve read 15/20minutes to get the bus to the plane we were told to turn around as we wouldn’t be flying. Never gave us an explanation however easyJet’s app said it was due to the crew having worked overtime already. I filled in the claim form but easyJet is now claiming I won’t get compensation due to ATC restrictions. The plane we were due to take was coming (delayed too) from Geneva which departed at 9pm (Palma time) for which they were well aware off that by the time it would land the crew would’ve done overtime and wouldn’t be able to take us home. Any suggestions?

    • Hi Marta, I definitely recommend you to purue your compensation. It seems to me that easyJet just plays with words trying to get rid of its liability. In case you need our assistance, please file your case at claimair.com. Thanks, Jakub

  • Aurelija G

    Hello Jakub,
    This blog post is great and I have found some needed information about making a claim in certain scenarios. However, I still have a question about a claim I have already made to the The Air Passenger Complaint Handling Body. The airlines have responded to my claim now and I have a chance to add aditional comments before the Body makes a final decision.
    Basically, Norwegian Airlines have cancelled our flight from Bergen to Klefland (Reykjavik) stating it was due to extraordinary circumstances based on weather conditions. They have refunded our flight ticket costs since they could offer another flight only after 5 days time. We could not get our money back from Airbnb, from where we have booked our accommodation in Iceland.
    We have requested to get refund for our accommodation costs (since there was no possibility to get to Iceland on time and the departure 5 days later was not possible for us). Also we have requested a compensation.
    Norwegian have responded they are not obliged to give us a compensation, since our flight “was cancelled due to weather conditions in Oslo and a late
    arrival of previous segment DY606 from Oslo to Bergen due to these
    conditions. This day there was a heavy snowfall around Oslo Airport,
    and all departures were delayed and more than 50 departures
    cancelled.
    In this case, weather conditions led to a delay for the planned crew
    to operate the flight to Keflavik within the working hours. As
    weather conditions affected all departures, all of the standby crew
    were used up and the departure was cancelled.”
    When talking about our accommodation expenses, they have responded that “According to the Interpretative Guidelines on EC
    Regulation 261/2004, the carrier shall not be responsible for any
    additional costs when the passenger has been informed of the
    cancellation and he/she has chosen one of the options established at
    the Regulation (reimbursement and re-routing).”
    I was wondering if it is possible to still get the compensation and the refund for the accommodation costs, since it is not uncommon to get snowstorms in Oslo during April. Furthermore, airlines should be responsible to maintain its crew operating limits properly and reserve some time in order to cope with slight delays.Therefore, as far as I understood, our claim should be successful, since it is due to crew out-of-hours but not adverse weather conditions in Oslo?
    By the way, our flight from Bergen to Reykjavik was dellayed 3 times in total of more than 4 hours as far as I remember. And the airlines did not give us any explanation about the cancellation of the flight before we have applied to the Body except for saying it was due to the weather conditions.
    What would you advise to respond to the Body before it makes its final decision? I think they might be trying to avoid the claim pointing out to the weather conditions instead of the real reason which was crew out-of-hours.
    Thank you very much in advance,
    Aurelija

  • Aurelija G

    Hi Jakub, I was wondering if you could help me out.
    I was supposed to take a flight on 24th April from Bergen to Reykjavik and then fly back to Bergen the same week with Norwegian airlines.
    After three delays and waiting for around 5 hours at the airport, our flight got cancelled.
    Airlines have told us it is due to bad weather conditions and offered a refund or rebooking. We wanted to rebook, but the first available flight was after 5days and we could not travel later. We have booked our accommodation in Iceland with Airbnb and could not get a refund because it was against their policy. My boyfriend has travelled from the UK to Norway especially for the trip so it was especially disappointing.
    We have issued a claim to the National Body to get a compensation and refund for the accommodation. There was no weather issues at destination airport or at Bergen at the time.
    Norwegian has replied to us and now we have a possibility to make a final comment to the National Body before they make a final decision.
    So Norwegian, in their official response, is stating that: “DY1172 was cancelled due to weather conditions in Oslo and a late
    arrival of previous segment DY606 from Oslo to Bergen due to these
    conditions. This day there was a heavy snowfall around Oslo Airport,
    and all departures were delayed and more than 50 departures
    cancelled.
    In this case, weather conditions led to a delay for the planned crew
    to operate the flight to Keflavik within the working hours. As
    weather conditions affected all departures, all of the standby crew
    were used up and the departure was cancelled.”
    My question is – should they still be liable for paying the compensation and refunding us for the accommodation costs, since the issue here is crew out-of-hours and it is not extraordinary circumstance according to your blog post. Thank you in advance

  • Jo P

    Hi Jakub,

    I wonder if you can help. I was on an Eithad flight in March from LHR > USM stopping over in AUH and BKK on the way. This journey was booked on a single ticket under a single booking number.

    Flight from LHR was delayed by a couple of hours but made up an hour in the air, our flight from AUH to BKK was delayed when we arrived and did not manage to make up the time in the air and so we arrived in BKK late for our BKK > USM transfer and the flight left without us. Etihad explained that they could not get us onto another flight for another 6 hours. We were originally due to land in USM around 9:30am but did not arrive until around 5:30pm.. meaning we lost out on pretty much a whole day of our holiday.

    I contacted Etihad who claimed that because the delay from AUH was not within the EU they were not liable to pay any compensation. I have read that if the flight is booked on a single ticket that the Under EU Regulation 261/2004 act it covers delays from an EU airport to your FINAL destination even if delays occur during ‘stop overs/transfers’.

    Please could you advise on whether I should pursue this case or whether I am not, in fact, entitled to any reimbursement.

    Your guidance on this is much appreciated.

    Kind regards,

    Jo

    • Lauren Smith

      Hi Jo did you ever get a response to this? I have a similar situation

      • Jo P

        Hi Lauren,
        No, sadly not yet.. Martin Lewis on money saving expert has said on his site that it’s the final destination that counts.. but Etihad aren’t having any of it. I’m going to phone the CAA tomorrow to see if I get anywhere with them.. will keep you posted…

      • Jo P

        Lauren, I’m not sure whether you get a notification of responses to this post but I’ve received a reply – if your situation is the same then I’m afraid we’re fighting a lost cause 🙁

        • Lauren Smith

          Mine is similar. I was booked on a single ticket. EWR>EDI with a connection at ARN. We were delayed taking off at EWR which they claim “air traffic control restrictions” prior to arrival at ARN we were informed that my connection was rebooked. Yet we were asked to let passengers on another flight departing the same time off the plane first so they could make their connection. The flight they rebooked me on was 5 hours later on Lufthansa with a connection in FRA. (My original connection was direct from arn>edi)That flight was then delayed. I just made the flight by running through the airport but my luggage didn’t. I still don’t have my luggage. Now I understand they will blame each other and SAS is stating air traffic control restrictions as extraordinary can I claim denied boarding since another flight scheduled to depart the same time was allowed to go ahead on their flight and I was rebooked without consent? There were other flights to EDI that day but they booked me on their alliance airline. Do I have any recourse?

    • Hi Jo, thanks for sharing your story! Your interpretation of information received from Martin Lewis is a bit misleading. It’s true that the delay at the final destination counts (it needs to reach at least 3 hours in comparison with your original travel itinerary) but in order to become eligible for compensation based on the EC261/2004 regulation, the initial delay that caused a missed connection must be caused by a flight that either originates in the EU or departs in the EU (but only with EU-based airline). In your case, the flight that caused the missed connection was AUH-BKK which isn’t covered by the EC261/2004. Therefore, you are not entitled to get reimbursement based on the EC261. You can only claim compensation for the lost day of your holiday based on the Montreal Convention… but you must be able to somehow prove the damage (e.g. by an invoice). I hope it helps! Jakub

      • this could be also useful for @disqus_m87otMQm7V:disqus

      • Jo P

        Hi Jakub,
        Thanks for coming back to me.
        That’s a shame .. I don’t think I would be able to prove any monetary loss in terms of the daytime we lost of our first day of holiday sadly.
        Thanks again for your advice.
        Kind regards,
        Jo

  • Joann

    Flight DL 49 from Amsterdam to New York 20/06/2017 cancelled. We were told in Amsterdam that it was a mechanical issue but when contacting Delta
    they now say it was weather in ny. How do you tell which is correct?

    • You can’t… follow the rule that the event is NOT extraordinary unless the airline proves it. Request clear and impartial evidence of their statement. Jakub

  • Farsi Meriem

    Hi Jukub, thank you so much for that post, it’s really usefull especially for people who don’t travel a lot like me, i m gonna resume my story with Air France, and would like to have advice for my case
    – I booked for a flight with air france from Montreal to Algiers connecting in CDG
    – flight delayed for one hour
    When i arrived for check-in, the agent said to me “i can’t board you, the flight is full” (overbooking)
    – after 2 hours looking for another flight, they booked a flght with air canada, and i arrived to final destination 4h45min delayed
    – No compensation were given in the airoport, and when i ask for a form to do a claim, they said to me its with customer service and not here
    – I did several claims, with delta airlines (air france KLM) 1st agent said: since they didn’t gave you boarding pass , i can’t consider it as a denied boarding,
    – 2nd agent said, on her system she didn’t see that the flight was overbooked, and maby the reason is that i could miss my connection so they booked another flight, and that the delay is for extraordinary reasons
    – i insist and called several times, and they are refusing to give me compensation, for the reason explained below

    • Hi Farsi, thanks for your comment. From what you wrote it seems to me that you’re certainly eligible for €600 compensation based on overbooking / denied boarding rules. Don’t expect airlines will comply with your requirements. What you explained is just a common approach they follow in order to get rid of liability. Only law enforcement can help… file your case in our system at claimair.com/booking/new so we can assist you (please upload complete documentation, including your communication with the airline). Thanks, Jakub

  • Sebastian Lynar

    Hi Jakub,

    My flight was cancelled and when I claimed a refund, I received the following answer:

    Thank you for your EU261 compensation claim which we received on August 11th 2017.

    We’ve reviewed your claim and we can confirm that your flight from Hamburg (HAM) to
    Zurich (ZRH) was cancelled for due to ATC restrictions.

    Compensation is only payable when the delay/cancellation is within our control, a technical
    fault with an aircraft would be an example.

    When delays/cancellations are not within our control they’re classified under EU law
    as ‘extraordinary circumstances’. An example of this would be air traffic
    control strikes or bad weather.

    As your flight was cancelled due to ATC restrictions, this is an extraordinary
    circumstance, so unfortunately you are not eligible for compensation under
    article 7 of EU261/2004.

    I have asked for proof as recommended in your article. Is there anything else I can do?

    Thanks for your help,

    Sebastian

    • Hi Sebastian, if your activities won’t work, the only option is law enforcement. You should also investigate (= search on Google) and find out whether there was some significant ATC activity at the airport that could have affected your flight. Jakub

  • mckeown550

    Hi Jakub , our flight back from Europe to USA was delayed 6 hours due to the outgoing flight from New York being accidentally touched by another plane (different airline) whilst it was ready to taxi to the runway for take off. My airline is claiming that this is an extraoridnary event. It is not clear to me which airline is at fault for the accident on the runway. Many thx

    • I can’t tell you precisely as such event has never been ruled by a court. However, a collision of mobile boarding stairs with an aircraft is not considered extraordinary and your case seems similar. Also to the core of your question – you should always deal with the operating airline. Thanks, Jakub

  • justwritinghere

    Here’s another complicated one:

    A passenger was ill on our plane, so for the emergency landing itself it was clearly extraordinary circumstances.

    However, instead of continuing the flight immediately afterwards, the airline decided to send a replacement crew to continue the flight only several hours later.
    This was announced on the plane soon after landing, specifically mentioning “operational reasons”. The crew would most likely have been out-of-hours after the landing at the destination airport, unable to continue on the next flight.

    It should have been possible to continue our flight with the original crew, minimizing the delay but creating bigger organizational problems for the next flight of the aircraft.

    Would the time waiting for a replacement crew still be covered by extraordinary circumstances?

    • Did it happen at the homebase of the airline? Was it possible for the airline to find the new crew earlier? The delay was primarily caused by the extraordinary circumstance and I guess that a court would rule in favor of the airline. Jakub

      • justwritinghere

        Not at the homebase. The replacement crew was only needed to be able to operate the next flight of the aircraft from our destination airport (due to crew hours). So the next flight would also have been covered by extraordinary circumstances.

        • Got it, thanks. Then I’d give up on this case as it’d rather result negatively (since an extraordinary circumstances caused the overall delay) and would cost you huge amount of time. I hope it helps. Jakub

          • Ferdus Akhter

            Last time when I came in London, I faced flight delay problem. Anyone help me. Where I am claim for flight delay compensation?

  • Andy

    Hi Jakub our 20:30 flight from Hurghada to Manchester (MT873) on 18th August was delayed by 16hrs 35 mins because the flight coming to collecting us had been late taking off due initially to technical problems. We were given a letter from the airline saying ‘We are really sorry your flight has been delayed. This is because of a technical problem, followed by severe weather restrictind the departure of your flight out of Manchester. Unfortuntely the crew have now run out of legal working hours and are unable to operate the flight until they have sufficient rest’ the letter then wenr on to say he would be taken to a hotel, would depart the next day and should direct any claims to our travel insurance provider.

    I have sought compensation from Thomas Cook airlines but they have responded citing ‘adverse weather’ out of there control for reason for no payment stating that under EC reg 261/2004 compensation would not be paid.

    It was only after I challenged them about this they have told me to contact CEDR.

    Thomas Cook however have offered me a £50 goodwill voucher because the flight we boarded the next day had no hot/cold meals and did not have enought snacks/beverages for everyone on the way home.

    Do you believe I should receive compensation in this instance and challenge this decison?

    • Andy
      • Andy

        UPDATE: MT873 Hurghada – Manchester 19/08/17

        I appealed this to CEDR citing that it was a technical problem that stopped
        the flight coming to collect us departing on time and that the only reason we could not board the flight home from Egypt was because of insufficient staff resource. I told CEDR that I believed that a company the size of Thomas Cook should have sufficient resources available at the airports they sell flights and operate from to cover for any staff exceeding their hours.

        Thomas Cook maintained I was not entitled to compensation because it was the closure of the airport after the fault was fixed that caused the delay.

        CEDR have ruled in my favour citing the delay of the flight coming to collect us was not wholly delayed because of extraordinary circumstances and that the airline had not shown it had took reasonable measure to reduce/avoid the total delay, such as showing that replacement crew were sought/considered.

        CEDR awarded the four of us €600 each.

        It also came to light in the paperwork submitted by Thomas Cook that there
        had also been a passenger problem too (in Manchester) which added to the
        initial delay of the flight coming to collect us. I was totally unaware of this nor was it in the body of their defence statement, but could be seen on a printout they provided.

        This goes to show the airlines will mislead you to avoid paying you out and will chance their arm in the hope you can’t be bothered to go to CEDR or take them to court.

        The whole appeal process was simple, however your submission does need to be clear and factual. You must state why you believe you are entitled to the compensation, therefore if you are not confident at presenting the facts then use ClaimAir.

        • Andy, many thanks for your comment… I’m sure they will be very useful for all of our readers as they clearly show how important is to be persistent. You certainly made a great job and I believe you spent plenty of time on the case. You might be interested in our new features next time you travel – from now you can register your flight prior its departure, so we can keep an eye on it to regularly check departure time and compensation eligibility. Just give it a try and share your feedback. Thanks and take care! J.

        • nik pin

          Hi there how did they itemise or explain the payout. Did they make a payment for not taking reasonable measures to reduce or to avoid the total delay? Would be nice to hear your side. Thanks

          • Andy

            nik pin CEDR ruled that the airline had not took reasonable measures to reduce or avoid delay (such as showing replacement crew were sought or considered). They ruled that the delay was not bourne out of extraordinary circumstances (because it was a techical fault causing initial delay). Hope this clarifies. I can not post the CEDR decision letter because of confidentiality agreement you enter into.

    • The question is which airline operated the flight? You could be eligible for compensation only if it was EU-based airline. Please check your claim in our system, it’ll guide you through the process so you’ll find answers to your questions easily. Go to claimair.com/booking/new. Thanks, Jakub

  • Andrew Howell

    Hi, I posted have a claim against Easyjet where their defence is “Extraordinary Circumstances”.
    I am after some guidance as to what to do next. I will type out an extract from the summary defence. We are pursuing via CEDR and we’ve got to respond:

    “As explained above, the cancellation of flight was due to the delay caused to the proceeding flight EZY1888 from Munich Airport to Manchester Airport. Flight EXY1888 was delayed by the need to offload a passenger with a fear of flying at 14.47 hours. The aircraft was then given a departure slot of 15.21 hour. The aircraft was not ready to depart until 15.25 hours, arriving at Manchester airport 17.11 hours, 1 hour and 16 minutes after its scheduled arrival time. by that time, it was not possible for the crew who had arrived into Manchester to operate flight EZY1903 from Manchester Airport to Tenerife South Airport (and subsequently the flight) in accordance with the legal restrictions on their duty periods. Whilst Easyjet attempted to reallocate a crew operating to KRK, this was ultimately not possible. As a result the flight was rescheduled to depart 18.20 on 4th June 2017, which was the earliest possible departure slot (given that an aircraft had to fly from Manchester to Tenerife to accomplish the flight.”

    To confirm our flight was 20hours late, we were out up in a hotel over-night. We had my disabled father who had no medication which we were really worried about.

    I’m looking for the forums advise as to how to respond but my first thoughts are:

    1) Given all the flights Easyjet operate I would suggest a passenger having a fear of flying is inevitable from time to time and the schedules shouldn’t be so tight not to be able to cope with an off-load.
    2) By their admission in the response they came into Manchester just 1hour and 16mins late- that doesn’t seem too bad and if the crew are then out of hours then again that unrealistic planning and cant be extraordinary?
    3) I’ve read on the web somewhere that even if something is deemed “Extraordinary Circumstances” (I don’t think this is) then they still have to operate flights after the circumstance has ended and plan in sufficient reserve time into their schedules. In my book they’ve failed to do that in our case as we were not the next flight but the one after that and surely an Extraordinary circumstance has a shelf life?
    4) Also read somewhere that knock on’s are tricky to rule on and its each one on its merits but one of the factors is the resources available to the airline. If they are miles away from home base then there is less responsibility on them. Am I not correct in saying that Manchester is a main hub for Easyjet? That’s what I picked up on an ITV documentary about Easyjet pilot training?

    So…..

    Do you think I’m on the right track? What should mu next steps be? Got until 19/9 to comment back on CEDR website to the airline defence.

    • Hi Andrew, you’re definitely on the right track as you’ve already answered all your questions by yourself 🙂 J.

      • Andrew Howell

        Thanks Jakub I thought I was thanks to your article and other helpful people but nice just to check I wasn’t missing the obvious. I’ll post back with an outcome…apparently it’s now gone to an adjudicator with an ETA of 1 month to consider.
        Andrew.

  • Amanda Crenol

    Hi, looking for advice! Had flight booked with Iberia from Madrid to Lima,Peru. Flight was cancelled and replacement flight was 20 hours later. No reason given for cancellation, and iberia had already allowed me to take first part of booking from heathrow to Madrid, but had not been able to give me boarding pass for the Madrid to Lima section.
    I have claimed for the standatd €600 through Iberia as my flight number was an Iberia number. They have refused claim as flight was operated by Latam Airlines, and have passed claim to Latam. This has already taken one month! Should I claim through Latam or pursue Iberia harder? Any advice appreciated. Thankyou for a brilliant site.

    • Hi Amanda, operating airline is always your contact point when dealing with airline claims. Go for it with Latam and in case you need our support, file your claim in our system at claimair.com/booking/new. Thanks, Jakub

  • Laura Cartwright

    What a fantastic article! I’m hoping you can help me? We flew back from JFK earlier this month to Heathrow and then had a connection to Newcastle – all with British Airways. Our flight from JFK was almost 2 hour late departing, this was due to the aeroplane being parked in the wrong part of the airport and then having to change gates. Finally we boarded and the captain apologised, then we had a further delay as the captain said another plane was blocking our plane in. Although the flight time was quick when we got to Heathrow and ran through the airport with our two sons in wheelchairs, we were told 33 mins before our scheduled flight to NCL that we had to be there 35 mins before. We then had a wait of 4hrs 5mins for the next flight. I received an email off BA today to say we can’t receive compensation because of a lack of ground handling resources out of their control. Can I proceed further do you think?
    Laura

    • Hi Laura, thanks for sharing your story. As you could read in the article, eligibility for compensation always depend on a reason for a disruption. It’d need further investigation on what exactly happenned. Just to answer the question why there was the lack of ground handling resources. The reason given is vague, as usualy… it makes me feel this case is worth pursuing. Jakub

  • david

    Hi.
    I was on flight BA189 on the 21/09/17 from heathrow to Newark. it was delayed by over 3 hours. We were told at the desk it was technical problems. We never received any written notification either by text or email which i thought they were required to do if the flight was delayed by over 2 hours. The flight was due to depart at 16:55, and on my twitter thread someone told me the plane has been grounded since 09:40 that morning. We were later told it was a bird strike but i cant remember who even told us that. What would you suggest?

    Many thanks.

    David.

    • Hi David. Unless the airline proves extraordinary circumstances (e.g. bird strike) you’re still eligible for compensation. Require the airline to provide you with evidence. If you don’t want to spend months dealing with this, freely file your claim in our system at claimair.com/booking/new so we can assis.. it’s risk-free, based on 25% success fee. Thanks, Jakub

    • Hi David. Unless the airline proves extraordinary circumstances (e.g. bird strike) you’re still eligible for compensation. Require the airline to provide you with evidence. If you don’t want to spend months dealing with this, freely file your claim in our system at claimair.com/booking/new so we can assis.. it’s risk-free, based on 25% success fee. Thanks, Jakub

  • Amanda Millican

    Hi, our flight was delayed 16 hours due to an incident onboard with a passenger. Does this count as an extraordinary circumstances do you think?

    • Hi Amanda, is the event inherent in the normal exercise of the activity of the airline? Is it anything airlines deal with on a daily basis? If yes, then it shouldn’t constitute an extraordinary circumstance. Jakub

  • Ferdus Akhter

    Last time when I visit in London, I faced flight delay problem. Anyone help me. Where I am claim for flight delay compensation?

  • Urška Valjavec

    Hello Jakub, Turkish Airlines have rejected our claim for this reason:

    In our investigation, it has been determined that on 20th of
    September 2017, your TK1064 Ljubljana / Istanbul flight was operated
    with a 38-minute delay due to 14 minutes of taxi duration at the airport
    of departure, 4 minutes of air traffic control restrictions at the
    airport of arrival and 20 minutes of taxi duration at the airport of
    arrival, which misconnected you from your transfer flight TK0762
    Istanbul / Dubai on 21st of September 2017. Accordingly, your
    reservation was changed to facilitate your journey via TK0760 Istanbul /
    Dubai operated on the same day.

    In line with the above mentioned fact, we regret to state that we
    are not able to compensate you according to Civil Aviation Regulations
    due to irregularities caused by reasons beyond our control, such as the
    airport operations. Furthermore, we are unable to reimburse expenses
    occured beyond your point of arrival. On the other hand, we would like
    you to know that you may sent us the receipts for the expenses (taxi,
    food, hotel & visa expenses etc.) you might have had at the airport.
    We will then evaluate and reply as soon as possible.

    Is this right? What do you say? Thank you, Urska

    • Hi Urska, it’s clearly a piece of nonsense. Do insist on your claim, there seems to be nothing close to extraordinarity. If you wish us to process your claim on your behalf, please file it at http://www.claimair.com/booking/new. Thanks, Jakub

  • Jess

    If there is an airplane which fly from A-to-B and then back from B-to-A and there has been a cancellation on the A-B flight because of a bird strike (extraordinary circumstances). Thus, causing the airplane not to be at B and to be able to fullfill the flight B-to-A, is the airline company still allowed to claim the cause for B-to-A flight cancellation as an extraordinary circumstances? And isn’t that cause then for that flight B-to-A already turning/converting as a technical fault? For how long can an airline company claim a cancellation cause as an extraordinary circumstances – a day, a week, a month?

    • Hi Jess. Very good question. What you described is known as a knock-on effect. Unfortunatelly, the answer is not clear as every case must be evaluated on a case-by-case basis (considering a location in comparison with airline’s homebase, etc.). An extraordinary circumstance must be resolved in reasonable time allowing the airline to normally operate the rest of a journey. Jakub

      • Jess

        Thanks Jakub, for the answer!
        In your experience, do you think there is a chance/worth to challenge the airline (for the reason in tha case B-to-A flight)? And are there any tricks when asking the airline to “provide evidence of extraordinary circumstances and what measures have been put in place in order to avoid them”? They have once answered at the claim for compensation letter with a simple email with “after thoroughly investigating your case we established that flight B-to-A was cancelled as a result from bird strike”. And I know that the previous flight A-to-B has been also cancelled.
        Is there a third independant party that could also give/state the reason for cancellation on a specific flight (before going to court)?

        • Even though the airline is obliged to provide you with evidence, they intentionally fail to deliver it. As a result, the one option is to file a lawsuit against the airline (the most effective). Another option is to file a claim with so-called National Enforcement Body (country of departure) – however, it’s a public administration body and they barely deliver some results earlier than in 6 months. The result might be also doubtful. The last option is that you’d use our service, while we’d keep 25% success fee. Jakub

  • Tom

    Hi Jakub

    Firstly thanks for your article, very helpful. Was wondering if you or
    any readers could offer some advice. I was on a Malaysian airline plane which
    took off on a 13 hr flight and about 1.5 hrs into the flight turned back around
    to Heathrow due to medical circumstances.(what really happened was a man being
    deported swallowed a razor). We were then delayed 24hrs for a flight the next
    morning. I have tried to claim and they
    have responded saying Medical grounds and will not pay out. Yet I have the
    below arguments.

    Crew out of hours was the reason we
    did not depart again that day – therefore does this change their extraordinary circumstance
    excuse.

    Secondly if they allowed someone on
    board with a razor – does this not mean they did not do everything possible to
    avoid this extraordinary circumstance

    Thanks

    Tom

    • That was real emergency issue, this doesn’t normally happen so I’d assume it can be considered extraordinary. Even though €600 compensation is not due, the airline should have taken care of you free of charge – hotel, food, alternate flight. Jakub

  • Tobias Mathiesen

    Great article!

    I have a case i haven’t seen descriped in one of the many comments and questions below.
    My Norwegian flight from CPH to BCN (Norwegian has both a Copenhagen and a Barcelona base) was delayed for 3+ hours due to the flight previously had been flying to France where a general strike was taking place (which I consider to be an extraordinary situation). My claim would however be that it is not extraordinary if not taking place in the departure or arrival location. Anyone has any experiences or take on this? I am awaiting response from Norwegian on my claim and will gladly share their response once I have it.

    Thanks!

    – Tobias

    • Such a strike could be considered out of airline’s control, thus extraordinary. However, did it really affect your flight? Unless you know it for sure, you’re eligible for compensation. Jakub

  • Kirk Brandon

    Hi Team,

    We recently submitted a case to Jet2 for a delayed flight LS691 from East Midlands to San Javier. The flight was delayed by 8 1/2 hours and also required an emergency landing at Chales de Gaulle. A response from Jet2 has identified that the plane experienced a “no.2 generator and auxiliary power unit failure” which is deemed as extraordinary circumstance by Jet2 who are directing us to the Wallentin-Hermann case. Are we still in a position to claim?

    • I guess you could find in the article that technical problems with an aircraft that occurred prior the flight doesn’t constitute grounds for extraordinary circumstances. Therefore, I recommend you to pursue your claim further. Jakub

  • cockneyscouser

    I booked a series of flights by the same airline company. The first part of the flight was cancelled due to air traffic controllers I understand with one hour to go. I was not able to reach my first destination and hence was not able to take the other two parts of the flight…..how do I stand , my taxi bill on the first leg was approx €300.

    • It’d be the best for you to file your case in our system to find out what you can get – http://www.claimair.com/booking/new Just please bear in mind that when dealing with connecting flights, all flights must be bought within the same itinerary.

      • cockneyscouser

        I am still waiting for a reply from you

  • Nicolae

    Ibiza to Barcelona on 10 September, by Vueling, was canceled and take a look to their answer :)))

    Thank you for contacting Vueling.

    We would first of all like to offer our apologies for the inconveniences caused.

    Our Passenger Compensation and Service Plan for delays of more than 5 hours or cancellations includes the possibility for the passenger to request a free date change to fly within the next 15 from the affected flight.

    – free change of date to fly within the next 15 days.

    – refund of affected flight (when the passenger decides to not fly).

    On the other hand, as the delay/cancellation is the result of extraordinary circumstances outside the airline´s control, we regret informing you that there is no entitlement to any financial compensation, in line with Regulation (EC) No 261/2004 of the European
    Parliament and of the Council of 11 February 2004.

    We remain at your disposal for any doubt, suggestions or request you may have and offer apologies again for the inconveniences.

    Best regards,

    Customer Service Department
    Vueling Airlines, S.A.

    Your reference number is:

    [SR_Number: 1-10010275859]

    Please use this reference for future queries about your case, or click reply on this email.

  • Allan Yong

    Hi Jakub, Thank you very much for your informative article and keep updating it. I was in a situation that is a bit complex. I am a Chinese passport holder and was denied boarding for a flight as CDG-PEK-HKG on Air China. My original ticket was HKG-PEK-CDG-PEK-HKG, and there was no information provided to me at any stages(e.g., purchase ticket, first two legs of the flights, etc.) of my travel that I need to bring my special permit for travel to Hong Kong, as I have no intention to even enter the city.

    The ground staff told us that we need a special permit to be able to travel to Hong Kong, but I have flown many non-Chinese carriers to Hong Kong on my passport without any issues. My intention was going to Shenzhen, which I do not even need to enter Hong Kong, because there is a ferry services that will take me from Hong Kong airport directly to Shenzhen. Ironically, at CDG, I had to purchase another ticket on Air China, CDG-PEK, which was exactly same as my original itinerary, but they allowed me to fly the first leg after I paid few hundreds euros on top of what I paid for my original ticket.

    My incident was not the first time happened at CDG, my friend who also got denied boarding at CDG not long ago, and they were stranded in CDG for another two days and had to buy a new ticket on Aeroflot, whom had no issues for my friend to fly to Hong Kong without aforementioned special permit. Can I or my friend claim to French authority for compensation, because Air China just refused to return any emails we sent.

    Thank you Jakub!

    • Hi Allan, your question is out of scope of my knowledge as it’s purely customs-related. You’d need to go through related documentation. Sorry I couldn’t help you more. Jakub

  • Miguel Langan

    Hi,
    I have had a few Monarch flights cancelled due to it going bankrupt.
    I think I’m eligible for at least a refund, and possibly a compensation as 2 of the flights were less than 2 weeks away.
    I’m sure this can’t be considered extraordinary circumstances as they accepted my reservation, when they knew they were in trouble.
    Thanks

    • Hi Miguel, when airlines got bankrupt the situation gets more complex. Even though you might be eligible for compensation, you can get paid only through insolvency proceedings, which is a tedious process and you never know whether there will be enough cash in the pot also for your piece. Jakub

  • Ciara

    Hi there, my flight was due to land in Krakow last Friday and got diverted due to fog. The pilot said it should clear so he would hold in the air and try to land again, he tried again but couldn’t land, he then said he had no more fuel left and we would have to divert to Modlin, Warsaw. We ended up having to wait around the airport for a couple of hours before Ryabair finally put on a but for us. This took 8 hours to get from Warsaw back to Krakow. There was no Ryanair staff in Warsaw to tell us what to do or offer us food or tell us the situation. Ryanair have denied claim fro compensation stating,

    “We sincerely apologise for the diversion of your flight FR2023 from Dublin to Krakow, which was diverted for safety reasons (fog at Krakow).

    As the diversion and subsequent delay were for safety reasons and therefore outside Ryanair’s control we regret to advise that no monetary compensation is due under EU Regulation 261/2004.”
    Do I have any comeback on this?
    Thanks,
    Ciara

    • Hi Ciara, as you can read in the article, determining weather conditions is tricky – it’s no wonder that there is snow in Moscow in December, but it’s extraordinary when snow is in Egypt. The same applies to your situation, so it’s up to you to evaluate the conditions (or court will do so). Sorry I don’t have a clearer answer but this is the best advice I can give. Jakub

  • Martín Gómez Escobar

    Hello. My sister is outbound GRU to JNB with LATAM airlines. Flight 8162 and was expected to depart at 18:30. They informed passengers (my sister included ) that the flight would be delayed 3 hours due to weather. The irony or the personnel thinking the ignorance of passengers is such that a flight covering the same route with South African airways flight 223 departed on time.
    No personnel from the airline has made themselves available for my sister. She was meant to land by 8:30am. My in-laws we’re trying to delay as much their departure (they live over 450km away from here). Now they cannot meet her and my day will be split in half. I really want airlines to become accountable.

    • Hi Martin, there is a legal framework in Brazil ruling rights of air passengers. However, we currently don’t utilize it for our service offering. However, it might change in the future. Since the flight routing is outside of our legal capabilities, we’re unable to help at the moment. J.

  • Petra

    Hey Jakub,
    Thank you so much for sharing your knowledge with us!! Finally, somebody who know what he is talking about!! Thanks!!
    Just one short question – you are mentioning in the article that “they are to provide with evidence of extraordinary circumstances”, however I think they would always say in order to get away from the compensation that this is a matter of security issues or that it is confidential and cannot be disclosed publicly.
    So, is there a specific law/regulation/rule or whatever it is called there that really obligate them to do that because in the EU261 there is nothing mentioned?

    • Hi Petra! You’re right, airlines don’t always do what they are required. In such cases, you need to utilize relevant law enforcement in order to move forward. At ClaimAir, we can handle your case from A to Z and in case a judicial way is possible (both economically and geographically), we’ll proceed with it. It’s all risk-free as we get paid only if we win the case (we also cover possible court costs). In case you want to pursue your rights yourself, you can also give National Enforcement Bodies a try – just bear in mind that such process is extremely tedious (sometimes also > 1 years) and the outcome is very uncertain as they don’t have a legal power to force airlines to pay you (they just give them a fine). I hope it helps and thanks for your support. J.

  • Lorna Harris

    Hello – I have found your blog extremely useful. I have just taken my claim to CEDR against easyjet who cancelled our home bound flight on 26th Oct, having delayed it by 2 hours. They have never given the reason for cancellation, despite my many requests for info. I think they are probaly going to claim fog but by the time we were actually told the flight was cancelled the fog had lifted (I have a weather report that I obtained). I think the real reason was that the incoming flight could not land due to the fog earlier in the morning and then the staff ran out of hours – but I am just guessing as easyjet still cannot tell me why flight was cancelled (some 3 weeks on). I would obviously like to get compensation but my main problem at the moment is that they won’t pay all the cost of our flight home (they keep taking off the cost of the refunded leg of their flight) – surely it can’t be right that we pay EUR 3480 for a flight home (and get a refund for the easyjet flight we couldn’t take) but easyjet only pay us the first amount less the second and so we are still about £300 out of pocket. Also they won’t pay for the room supplement we had to pay for our daughter (the airport lady booked 2 hotel rooms but did not tell the hotel that we were 5 people – even though I told her this twice as she was booking it) and so when we got there we had to pay an extra 15 eur to get a bed for our youngest for the night. Also we went out to eat as the hotel said that easyjet had not paid for us to eat at the hotel (despite what we were told at the airport) The meal cost £50 (£10 a head). We probably saved them money by eating out (it was a 4* hotel so I imagine a meal would not have been cheap there) and, given we had just put over £3000 on our credit card in order to get flights home we didn’t want to spend anything more that we had to.
    The claims process is a joke. The regulations give the airlines a way out and they would rather spend money on employing ‘customer service’ staff pushing off claims and defending court actions than just paying up what the customer has reasonably incurred. Also the regulations do not allow for reimbursement of outer consequential losses eg we lost 2 days holiday, had to attend airport in dirty clothes (and my husband had to go straight into an important meeting !!), we had to pay extra for looking after our dog, my daughters had to cancel their work and so lost pay etc etc. We are not trying to get anything extra and in fact if they had just paid our expenses without all this quibbling and simply made sure we weren’t out of pocket I wouldn’t be bothered about the compensation – but they are making me mad as I am £500 down for something that I did not make happen and which I cannot afford to suck up and for their actions that basically ruined our holidays. I could pay for some of another holiday with that £500 rather than consider it spent on a rubbish 2 days at Lisbon airport.

  • Sam

    Is fog a extraordinary circumstance? We had a flight cancelled on the 3rd of November 2017 which resulted in our connecting flight to San Jose being missed. An alternative flight over 12 hours later was provided, meaning me missed a days cycling on our charity challenge and also our hotel accommodation for the evening. Do you think we have a case here? Thanks for your help, Sam

    • Hi Sam! This can’t be clearly ruled as such cases are evaluated on a case-by-case basis. An example – it’s not extraordinary that there is a snowstorm in Moscow in December, but it’s extraordinary when similar situation happens in Dubai. The same principle applies to your case. It can also help when you check other flights departing within the same period as yours – when most of them are delayed/cancelled, it might be considered as extraordinary event. J.

  • Kasper

    Our flight was delayed last week with more than 3 hours. I contacted the airline and they say that: “This delay was caused by an earlier disruption within our network that had a direct effect on this flight. The original flight was disrupted due to an unforeseen crack in window.”
    Am i entitled to a compensation or does this actually count as unforeseen?

    • Hi Kasper, your question can’t be clearly answered without knowing all details like why the windows cracked or was there sufficient time to avoid knock-on effect? This would need further investigation. J.

  • Pete Unwin

    Hi Jakub,

    If you’re still maintaining this site then perhaps you could answer a query for me.

    On Saturday 8th September 2017 my girlfriend and I were booked on a Thomson (TUI) airline flight (TOM5635) to return to Luton from our holiday in Fuerteventura.
    We were told on arriving at the airport that something was wrong and the flight had been delayed. Roughly 30 minutes before our flight was due to take off we were gathered together and told that the flight had been cancelled.
    Eventually we were all provided with transport and hotels for the night, so we were looked after in that respect.

    The return flight finally arrived back in the UK about 23:00 Sunday 9th September, so the delay was quite a long one. On the flight the pilot explained to us before take-off that smoke had been spotted by one of the cabin crew the day before, therefore the plane was diverted to Portugal to get to the route of the problem.
    I made a claim using the ‘resolver’ website the day after my return to the UK.
    21/2 months later I received the following from Thomson airlines,

    ‘Dear Mr Unwin,

    Thank you for taking the time to contact us regarding your flight delay claim.

    In a limited number of circumstances Regulation 261/2004 of the European Union (“the Regulation”) now entitles some affected customers to a payment when their flight is delayed over three hours on arrival.

    In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM5635 from Fuerteventura to Birmingham and our delay handling logs show that the flight was delayed due to smoke in the cabin.

    So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe.
    In this draft, the Commission has intimated that the following would be considered extraordinary circumstances:

    20.In-flight damage to the aircraft during the preceding flight, caused by a foreign-object, and which requires immediate assessment and/or repair.

    An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

    The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation.

    Thank you again for taking the time to contact us.

    Yours sincerely,

    Kunjumon Sijo

    Contact Centre Advisor

    TUI Customer Contact Team email: Aftertravel.Flightdelay@tui.co.uk

    Now I understand that they had to reroute the plane due to the smoke issue but what I don’t quite get is why this couldn’t have been avoided in the first place with proper maintenance of the plane’s component’s.
    Personally I think I am owed full compensation for this flight delay because the issue could have been avoided because as is stated above,

    ‘Airlines are liable for 99% of technical problems with an aircraft and must compensate you for delays’

    Please advise me,
    Cheers,
    Pete

  • Jacobs Francois

    Hello,
    Case, my wife’s Flight was canceled , Reason Crew Onwel, offerd a later flight to another
    destination, or stay over in hotel to take a flight the next day, we refused to stay in the hotel
    but toke the flight the next day.
    Claimed Compensation, answer from Airliner ” Operational Issue ” unable to offer compensation in these circumstances.

    What now?

    • Hi Jacobs! Now I’d recommend if you allow us to step in and proceed with further investigation. You can file your case at claimair.com. What’s your thoughts? J.

  • @realDonaldTrump

    My recently delayed flight of 4+ hours was denied compensation. They told me that the reason for disruption was “This delay was caused by an earlier disruption within our network that had a direct effect on this flight. The original flight was disrupted due to structural damage.”

    Can I fight this? I just emailed them back asking for evidence.

    • Hey Donald, is that really possible that your flights are delayed? 🙂 Seriously, your case is worth further investigation… you just face the common approach of airlines, their replies don’t say anything you can evaluate. In case we might be of any help, please file your case at claimair.com. Thanks, J.

      • @realDonaldTrump

        Thank you for MAKING FLYING GREAT AGAIN! #MFGA

  • Jennifer McColgan

    Hi Jakub,
    Our recent EU flights were delayed due to the following disruption https://nltimes.nl/2017/11/21/schiphol-air-traffic-problems-lead-mounting-flight-delays-cancellations at Amsterdam Airport on 21 November.

    According to the article, flight arrivals in Amsterdam would be back to normal at 7.30 pm on 21 November.

    Our original flight was 6 am on 22 November. This was delayed by 4+ hours and we were diverted via Zurich and would have not arrived in Paris (our final destination ) until 7.30 pm on 22 November.

    It seems to me, we could argue, as per your post above, “… that a single event can affect multiple flights by triggering a chain reaction. But it doesn’t mean that an “extraordinary issue” preamble can be called for every flight disruption in the chain…. The Eglītis et Ratnieks court case (Case C-294/10) can be used for this particular scenario. It has mentioned that an airline can be required to organize its resources in good time so that it’s possible to operate a scheduled flight once the extraordinary circumstances have ceased, that is to say, during a certain period following the scheduled departure time.”

    I would be interested to hear whether you think this is worthwhile pursuing?

    Many thanks!

    • Hi Jennifer, you’re right and you literally answered your question. To evaluate your eligibility for compensation, you need the airline to provide you with deep details regarding its operations that day (relating to your flights), just to find out whether it was possible to avoid your delay. As you can imagine, the airline will be very reluctant to do so, so it’s almost for sure that your case would be resolved only in a court. But for us, every case is worth investigation. Does it answer your question? J.

  • Ann Sim

    Hi, our flight was delayed by over 5 hours, we were diverted to a different airport before landing at our designated airport, the reason is an airplane had burst it’s tyres on the runway preventing airplanes taking off or landing. Our airline say it’s an extraordinary circumstance and don’t want to pay out. What do you think?

    • Hi Ann! Did that prevent other flights to land or take off? If yes, it could be considered extraordinary. It’s difficult to tell without knowing all details but I’m aware that airlines don’t tell you much. The other rule is that unless the airline clearly proves the event is extraordinary and that airline took all reasonable measures to prevent the delay, the airline is still obliged to pay compensation. J.

  • Daniel Shum

    Hi Jakub,

    My flight CX288 (10 Jan) from Frankfurt to Hong Kong was cancelled on the grounds of ‘weather related delayed arrival of the cockpit crew’ – the first officer’s flight from Brussels to Frankfurt was cancelled and the earliest possible time he could’ve got to Frankfurt was out of the crew’s hours.

    This delayed my arrival by about 27 hours – would I be eligible for €600 compensation?

    Many thanks,
    Daniel

    • Daniel Shum

      I forgot to mention that after they cancelled the flight, they couldn’t pull my baggage off the plane for an unknown reason, and will ship it to my home address – would I be eligible for any form of compensation for that?

    • Hi Daniel, crew out-of-hours can’t be considered extraordinary itself. However, if such event was a consequence of extraordinary circumstances, you won’t be eligible for compensation. The question is what was the initial reason of the delay? Regarding compensation for delayed baggage – if you had to purchase any necessary items because of the mishandling, you might be eligible for reimbursement of such costs. I hope it helps. J.

      • Daniel Shum

        Hi Jakub, the crew out-of-hours was initially caused by the first officer unable to fly from Brussels to Frankfurt for the flight – I believe cancelled due to weather.

  • EMILY HRON WEIGLE

    Hi Jakub, thank you for the informative article–

    On the 3rd of December, my boyfriend and I were scheduled to fly from Frankfurt to Denver on LH 446. After boarding, the captain made an announcement that we needed to wait for de-icing and that the de-icing company had to refill their de-icing trucks (? machines?) and that the wait would be over 2.5 hours. We had to remain on the plane during that time unless we wanted to abandon our travel. After 2.5 hours, the captain announced that we had to continue to wait. In total, we sat on the plane for going on 5 hours before the captain finally announced that the flight was cancelled because the crew was timing out and Lufthansa was unable to provide another crew.

    We were rebooked for the same flight the next day. The following day, we again were delayed and then sat on the plane, at the gate, for a number of hours before finally taking off. In total, we landed in Denver over 5 hours later than the scheduled landing time for our rebooked flight. This time, the captain explained the delay was due to a mechanical issue.

    Aside from the standard inconvenience of delays/cancellations, we experienced something more affecting, being more or less held hostage by Lufthansa on a plane at the gate for over a total of 8 hours (across two days). I am seeing various perspectives as to whether logistical failures related to de-icing as well as crew timeouts count as exceptional circumstances.
    I’d greatly appreciate any professional input here. Furthermore, are we entitled to any compensation for the delay in our rebooked flight?

    Thank you,
    Emily

    • Hi Emily! You should focus on the initial reason of the delay that caused the distuption = refilling of de-icing liquid. Was it out of effective control of Lufthansa and inevitable? Then it might be considered an extraordinary event. However, real details might be complex and this would need further investigation, maybe also a court ruling as this has never been ruled before. Also, you should consider the disruption as a whole… but I believe that if you try to claim compensation for the delay the second day, it might work as technical issues can’t be considered extraordinary. Let me know if we can help more. Jakub

  • Noel Madden

    Hi Jakub

    My wife, two children and I were booked on and boarded Aer Lingus flight EI 739 / 28 August 2017 from Palma, Mallorca to Dublin Ireland. After about an hour on board all passengers were asked to leave the plane due to a fault that would require a power down and power up. After about 2 hours we were told that the fault required expert engineers to fix that could only be done the next day. We were told to go get our luggage and go to the front of the airport and wait for buses to take us to accommodation. The next day at approx 17:30 local time in Mallorca we were told to go to the airport and check in for the same flight number. We did that. The flight took off 23 hours after the original scheduled time.
    About a week later we filled in the necessary refund forms and sent them to Aer Lingus. On Friday 15th December we got a response saying we’d get refunded for expenses but not the flights with the following reason;
    “… there are occasions when our customers’ travel plans are affected by unavoidable disruptions to our flights. Safety is always our first concern. Nothing is ever done to diminish the very high standard of our safety policy, irrespective of any consequential disruption or service difficulty. Notwithstanding that; most disruptions to our flights are caused by factors outside our direct control although this is of little consolation to our customers and crews.”
    When we replied referencing EU Directive 261/2004 we got the following response;
    “Unfortunately as the flight was changed to a separate date, our system shows that you have flown on the provided flights, we are unable to refund the booking.”
    The flight was not changed, it was cancelled and re-scheduled. Should we proceed with our claim?

    • Hi Noel! Yes, definitely pursue your claims further. Just please remember that this is how airlines normally respond and you won’t change their position without legal enforcement. We can certainly help, just file your case at http://www.claimair.com and wait for the outcome (no win = no fee). Thanks, Jakub

      • Noel Madden

        Hi Jakub. I sent a very detailed reply to Aer Lingus explaining what happened during the 24 hours after our flight was cancelled and that I would pursue this to the bitter end either on my own or via a third party… The 1600 euros is in the post. This article was very helpful in motivating me to continue.
        Many Thanks

        • You’re welcome, Noel! I believe it’s gonna be a sweet end for you. Let us know the outcome, and please freely share with us some details of your letter. Merry Christmas! Jakub

          • Noel Madden

            Hi Jakub, sorry for delay in response. I was waiting for the cheque to arrive and now it has. Hurray!
            The details of the letter I sent is as follows;

            Regarding your comment in your e-mail dated ​18 December 2017 14:56; ​”Unfortunately as the flight was changed to a separate date, our system shows that you have flown on the provided flights, we are unable to refund the booking.” The flight was changed to a separate date because the original flight was cancelled and had to be rescheduled. See further details below;

            You have already acknowledged in your e-mail dated 15 December 2017 12:27 that there was “disruption to Aer Lingus flight EI 739 / 28 August 2017” . Now please allow me to fill you in on the details of that disruption and the events of the next 24 hours.
            My wife, two children and I arrived at the boarding gate at approx 22:00 and waited to be called forward. We were called forward approx 60 mins after the scheduled boarding time. We then had to stand in the passenger boarding bridge for approximately another 30 minutes. When we boarded we were told that the reason we had to wait in the boarding bridge was because there was a fault with the plane which required a power down and because the power down would knock the cabin lights off it was felt that people might become distressed in the darkness. After approx 20 minutes it was then announced that the power down hadn’t fixed the fault and another power down would be done while all passengers remained on the plane. This was done and after another approx 20 minutes it was announced that this hadn’t worked either and that all passenger would have to leave the plane and go back to the boarding gate with their cabin baggage.
            At this point my wife and I were very worried because the seizure prevention epilepsy medicine for our 5 year old son, who was with us, was in our luggage which was still in the cargo hold of the plane. We had no idea whether we would be able to access that medicine before the scheduled time for our son to get his next dose so we faced the prospect of our son having an epileptic seizure.
            Back in the airport all the shops were closed at this stage as it was approximately midnight local time. Many people gathered at the electrical sockets to charge phones. 2 hours went by before any information came through and then it was to tell us to go and collect our luggage and make our way to the front of the airport. At the front of the airport we waited approximately one hour to be directed onto a bus. As we were boarding the bus we were told 3 times to get off at X Hotel. The bus driver dropped us and another family at that hotel at approx 4am local time and we went to the reception there. The person at reception had no knowledge whatsoever that anybody was coming to that hotel from any cancelled flight and also informed us that the hotel had a no children policy and it would be impossible for us to stay there. He made a number of phone calls and eventually agreed to give us a room with one bed. We got to the room at 5am. Please bear in mind that we had a 7 year old and a 5 year old with us that had been awake now for 22 hours. My wife and children slept in the one bed and I tried to sleep on a chair.
            As soon as the Aer Lingus customer help lines opened in the morning I rang them. The person I spoke to was not aware of the issue with the cancelled flight and told me she would need some time to find out the details. She also told me when the next available flight was and to my recollection it was the following day. I obviously booked us on that flight in case an extra flight wasn’t put on to replace the cancelled flight. When I rang back I was told that it was unlikely that the cancelled flight would be replaced that day.
            At approx 5pm local time that evening I got a text saying that a bus would collect us at 6:30 to go to the airport because the cancelled flight had been rescheduled for 21:00 that evening. We got to the airport and everything progressed smoothly from there. When we got onto the plane, which, rather disconcertingly, was the same one that had the fault the previous night, we were told that engineers from Dublin had to be brought over to fix the problem and that, somewhat reassuringly, some of them were on the flight with us.
            We arrive back in Dublin approximately 24 hours after our expected arrival time the previous night.

            As a family we travel for a holiday once a year and my wife and I also like to get away for a weekend or two every year. We would like to continue having Aer Lingus as an option to fly with. We know that we are entitled to compensation as follows;
            The compensation falls into the following bracket as described in the citizens information website;
            Flights of over 1,500 km within the EU and
            other flights between 1,500 and 3,500 km more than 3 hours €400
            We hope that we can get that compensation without using a third party. If it is the case that we have to do this our view of Aer Lingus as a company would naturally be changed.

  • Graham Scarr

    My British Air Lines flight was cancelled approx. 60 hours before it was due. British Airways are claiming extraordinary circumstances as air traffic management decisions are therefore compensation is not applicable.

    • Hi Graham! This is unlikely… 60 hours before a flight departure is too long period for ATCs to make such a key decision. Remember that unless airlines prove an event is extraordinary, they’re still obliged to pay compensation. Do insist on evidence! We can also help – file your case at claimair.com. Thanks, Jakub

  • Jon B

    Hi Jakub,

    Hoping you can clarify this for us – we were waiting for a flight from Dusseldorf to Manchester, which eventually landed over 4 hours late (due in at 18:15 and arrived at about 22:30 or so). This was apparently due to a hole in the runway at Manchester, and then due to fog keeping us from landing.

    From reading your article it looks likely we wouldn’t get compensation for this (as both elements are extraordinary circumstances), but given the part you mention about care including reimbursement of the flight – should we be able to at least claim that back? It did inconvenience us greatly and I missed the RAC coming out to look at my car too…so would be good if there was something we could do!

    Cheers,
    Jon B

    • Hi Jon! You should be reimbursed for extra expenses like food and beverages in case you keep relevant receipts. The reimbursement of the flight ticket costs would be possible in case you don’t fly and the delay would be at least 5 hours. Regarding other “personal damage”, it’s possible to claim compensation for this (although it can be tedious process) if you are able to clearly prove the damage (pure facts and evidence that can be used in a court). I hope it helps. J.

      • Jon B

        Hi Jakub,

        Thanks for the response – I fear we may be out of luck by the sounds, but thanks at least for saving us the time and effort of chasing a lost cause!

        Cheers,
        Jon B

  • m weingarten

    Hi
    i would appreciate if you can advice me on the following
    i filed a complaint for flight delay and the airline responded that the delay to the Flight was caused by extraordinary circumstances due to a passenger being offloaded from the Flight prior to departure because he was suffering from chicken pox, i remember at the time the passenger sowing a letter from doctor that its okay for him to fly, what do you advise?

    • just check the section “medical grounds” above in the article and you’ll find out that it constitutes grounds for extraordinary circumstances…

    • Pat Stanbury

      Hi I wonder if you can help. Our flight MT1069 from LPA to LGW on 28/5/18 was delayed by 4 hours. When we finally boarded the captain said the delay was due to a passenger from An earlier flight from Cyprus which was going to Gatwick becoming very sick, they diverted to Venice and then whilst trying to land at Gatwick they were unable to land for a long time. They then had to load the next plane full of people to fly to LPA Gran Canaria, which made them 4 hours late boarding us at LPA going to Gatwick. We applied to Thomas Cooke for compensation but were told it was due to a medical emergency, but this was 3 flights before ours. Can they use this clause as they could surely have sorted out this issue earlier, we were also told by airport staff that they were trying to schedule another plane from Lanzarote.

      • Hi Pat! This is a well-known knock-on effect which would need further investigation (where a court might be involved) in order to decipher all circumstances. In general, airlines must take all reasonable measures to avoid the delay and must recover from a disruption within a reasonable amount of time – this would have to be challenged. Also, please note that medical emergency itself constitutes grounds for an extraordinary event. Jakub

        • Emma L

          Hello Jakub !
          I had a flight around 8.30pm that got cancelled, and it took me till 11pm to get a new one for the morning after at 7am.
          They refused to give me a hotel because “it was to late for it”… I spent an horrible night at the airport.
          And now I asked for a compensation, and received this from them:
          “Regarding your claim for a compensation, Vueling has analyzed your case, which must be dealt with under the Regulation (EC) Nº 261/2004 (the “Regulation”) and the relevant legal doctrine from the ECJ.
          In this case, however, we regret to advise no compensation is due, because the cancellation of the flight was caused by the congestion of the air traffic, which caused the application of further air traffic regulations, restrictions, limitations and additional measures to ensure safety on the number of flights allowed to be operated, all of them understood to be considered as “extraordinary circumstances”, as set out in Article 5.3 of the Regulation and under the ECJ legal doctrine.
          Because of the nature of the event, Vueling could not avoid the disruption as this was caused by an unpredictable, unavoidable (although taking all reasonable measures) event, falling outside Vueling’s control and therefore, Vueling could not apply any additional reasonable measures to subsequently try to at least minimize the disruption.”

          It looks like blabla to me… What do you think? What can I do?
          Thank you very much, I would love some help on this one…

          • Hi Emma! Yes, this is a pure fluff and the case is definitely worth further investigation. Unless you’re ready to file a lawsuit or at least ask a lawyer to take an action, you most probably won’t change Vueling’s position. We’d love to help you out – just file your case at http://www.claimair.com so we can step in – no risk, we get paid only if we deliver compensation. How does it sound? Thanks, Jakub

  • Usget

    Hi, thanks for this useful article.

    I have applied for EU261 compensation since my flight was cancelled not once but twice. The first cancellation was due to the destination airport being restricted by snow – the second cancellation was due to crew being out of place as a result of earlier delays, so I believe I am entitled to compensation for the latter.

    The airline has not responded at all to my claim, other than to acknowledge receipt. I made the claim nearly one month ago. Is there a time limit by which they must respond before I can complain to the NEB?

    Thanks!

    • When evaluating your eligibility, you should primarily take into account the initial reason for the delay – in you case it’s adverse weather, making you probably ineligible for compensation. But of course, I don’t know all details… you can let us step into the process by registering your case to our system. You face a common approach of airlines where even NEB won’t help, but you can give it a try. There are rules airlines are obliged to follow… but obviously they don’t do that. In other words, even if there is a time limit for airlines to reply, they won’t listen. That’s why ClaimAir is here, to enforce rights of air passengers, also judicially. Thanks! Jakub

  • J Shee

    Hiya,

    Several years ago my plane was cancelled because of the Air Traffic Control system going down for a short period. My plane was scheduled as one of the last to leave Gatwick that night and was the only one cancelled. They claimed extradinaey circumstances but surely if all the other airlines left it shouldn’t be a problem? And the system only went down for a very short time, as you say above the definition of extraordinary means they need to be ready to fly as soon as the issue is resolved ? A decision was made by somebody to cancel the flight to Copenhagen and they would never confirm who it was.

    Have you had any luck with these cases as I imagine there are loads?

    • Yes, we’ve plenty of experience with enforcing claims of travelers all around the world. However, we’d need to know more details to give you a resolution whether your case is worth further pursuing. Can you file your case in our system at claimair.com so we can check it out? Generally, you’re right with what you write but every case is so specific that it’s impossible to share more pieces of advice with you. J.

  • Wendy

    Hi
    Our flight was delayed for 21 hours as the plane which was due to land to take us home was delayed. We have since found out that this was due to an oven in the back of the plane smoking and this was caused by excess cleaning fluid being left in the oven when cleaned. The airline are claiming this to be an extraordinary circumstance – are there any grounds for compensation?
    Thanks
    Wendy

    • Hi Wendy! The situation is rather funny and I can’t believe it can even happen 🙂 As you might think, such situation has never been ruled by any court… I’d say that airlines are responsible for its operation, thus are liable in similar situations. Do you want us to investigate more?

      • Wendy

        Yes please if you could
        Thanks
        Wendy

        • Then please file your case at claimair.com/booking/new so we can act on your behalf. Thanks, J.

    • Shirley

      Hi Wendy we have a similar situation 21 hr delay due to oven catching fire! Same response from TUI. They wrote on their sheet… smoke in the cabin, the pilot told all passengers on the plane that the oven caught fire, but tui want it to sound more serious. If the oven caught fire then obviously there would be smoke in the cabin.
      I know if another passenger in our flight who has taken them to small claims court and won their case by default.

  • Philip Tsalikis

    Dear Jakub,

    I wonder if you could be so kind as to give your view on the following Emirates response please?

    “Our Daily Operations Reports indicate that owing to weather conditions, the aircraft could not safely depart without the completion of the de-icing procedures which were significantly delayed by an issue with the de-icing valve. Rest assured that the safety of our customers and staff is of paramount importance to us and I am sure you will concur with this position.

    Mr Tsalikis, I need to inform you that as the circumstances surrounding this disruption were beyond our control as the deicers are under the jurisdiction of the Airport Authorities, we do not offer recompense.”

    It was our impression from what the Captain announced at the time that the fault was on the aircraft de-icer and was therefore within the remit of Emirates.

    Thank you for your effort,

    Philip

    • Hi Philip, it’s difficult to evaluate such response without knowing all details. It might be out of effective control of airlines but on the other hand, it’s winter, freezing, and de-icing is just a part of airline operations. Maybe it was the fault of the airline to depart on time, thus a delay in additional handling occurred… what if you file your case in our system so we can proceed with all necessary investigation and possibly get you compensation (in exchange for 25% success fee)? Jakub

  • Marina Romero

    Hi Jakub,

    Thanks for the post, I followed your advice and requested proof but they still have rejected my claim, at this point I think I’m taking this to the CEDR unless you advise otherwise?

    I was fliying with Easyjet from BRistol to Glasgow at 18:40. At 10:00 am I received an alert via app that the flight was delayed by 1h because an earlier flight (I assume same aircraft as my flight) was supposed to land in Inssbruk but had to be diverted to Munich due to a strong snow fall.
    The flight ended being delayed more than 3h (3h 3m they say now) but they have denied compensation using “extraordinary circumstances” as reason, claiming bad weather.
    As per your post I requested clear evidence of this bad weather either in Bristol, Glasgow or the fligth path, and I attached on my complaint about the claim rejection, screen shoots of weather reports on the day at the time for both my departure (Bristol) and landing (Glasgow) cities, both of them showing sunny weather. They still have rejected the claim.
    I’ve replied back and said that the bad weather wasn’t even in my country and happened more than 8 hours earlier to my flight. But after two rejections I have no hope and I’m determined to take this to the DECR.
    Also, There were 3 of us traveling, me and my partner and our 1 year old daughter for whom we didn’t even receive a refreshment voucher on the airport. Is this all right? Doesn’t my 1yo qualify for even a £3 refresment voucher? She travels in our lap, but she still had to spend more than 3 extra hours on the airport and drinks water what is what you can barely afford with the money.

    thanks a lot in advance.
    Marina

    • Hi Marina, you faced a knock-on effect… it truly might be possible that bad weather caused the delay several hours earlier with an effect on your flight. However, as you read in the article, airlines should secure that operations is fully restored within a reasonable time once extraordinary circumstances pass. You can either request an action with CEDR, or you can file your case in our system so we can evaluate your eligibility faster (based on available data we collect from airports all around the world). Thanks, Jakub

  • Izabela Nowak

    Hi Jakub,
    What a great and informative article!Finally a read that makes sense. I was hoping you can advise on my situation.
    I was flying with Ryanair from London to Oslo Gardermoen,Norway earlier this month.Just before landing the pilot told us that the runway is iced,Ryanair having a policy that they don`t land on ice and therefore we will have a delay while we circle above the airport and wait for them to remove the ice. Half an hour later we were diverted to an airport in Stavanger,Norway. We landed,however we never left the plane because Ryanair wasn`t able to get us to the original airport with a bus (snow,mountains etc). Instead,they decided to wait on the ground until the conditions in Oslo improve. Few hours later we departed again but landed on a different airport-Oslo Torp,with some 8 hours delay.
    My claim was rejected due to `safety reasons`,file closed.
    I`m now in the process of obtaining data from the Oslo Gardermoen airport but a quick online chat with them confirms that most of the planes landed successfully that day.

    My question is:
    Lets say Ryanair can prove their `safety reasons`(I think not), do I still have grounds for my claim stating that Ryanair`s own policy prevented them from landing,while it was perfectly okay for other airlines to operate as normal in given runway conditions?
    Also,aren`t pilots informed about weather/runway conditions before the flight? That was meant to be a 2 hour flight. Surely,this could be avoided,right?
    Thank you!

    • Hi Izabela! Thanks for sharing your story with us. Truly, when other aircrafts landed/took off without any problems, Ryanair can’t claim extraordinary circumstances. It simply doesn’t seem that the airline secured all reasonable measures to avoid the delay. Of course, safety is the priority and you shouldn’t blame the airline for not landing in a risky conditions, but… when other airlines could landed. Your case would need further investigation, plus I guess that legal enforcement will become necessary. We can certainly help… thanks! Jakub

  • Alex

    Hi Jacob,
    I have a question about 6 hour delay on our flight – due to fog. I understand that these are extraordinary weather circumstances but for 6 hours air carrier didn’t offer any drinks or food to people sat in the aircraft (between 8pm and 2am). Evan when I asked if I can buy something I was told that we are on hold and they can’t make a decision. Is failing to provide’ duty of care’ a good ground to seek compensation?

    • Hi Alex, even though the EU law doesn’t talk about tarmac delays, such situation is still a delay and once it exceeds 2 hours, you should get some food and drinks free of charge. Just remember that you’ll seek compensation around €20… is it worth it? I’d rather fly with different airline next time… J.

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  • Gezza

    Hi Jakub, thank you for the article.
    I as well have a question regarding a recent flight with EasyJet: On the 31st of December our flight was meant to depart at 18.10 and was delayed to 22:35.
    I followed the live updates that evening from easyjet, where I took screenshots from, which stated the following: We’re Sorry for the delay to your flight. This is because we had to make some changes to our flying program and changed your plane on an earlier flight. This meant that the flight was delayed and will be late to arrive.” I made a compensation claim directly and didn’t receive any answer. I called the customer service hotline, where the one of the agents stated that I won’t receive any compensation, due to “a security alert.” But because I have the live update, I kind of doubt that as a plane scheduled for 20:00 from easyjet, left on time to Manchester. Now I’m thinking to take the next step as the customer service had adviced as well and do it over cedr.
    What would you recommend? Drop it as a security alert is really an extraordinary circumstance, or proceed, as the live update gave different information?

    Thank you

    • I’d recommend you to use our service by filing your case on http://www.claimair.com/booking/new... we get you compensation for 25% success fee and in comparison with CEDR, we work much faster (as fast as legal case allows). Looking forward to seeing your case! Jakub

  • Inna

    Hello

    Great article!

    Yet, just wanted your opinion on that one:

    Our flight DY7006 was supposed to take place on 5th of Jan 2018 at 10:30PM from NY to SWE. As it was already 10:30 PM, we got to the captain who was standing next to the gate and received the following information: since there is another aircraft standing on our spot we are not able to board and take off (ramp congestion). It took 7 hours delay to board us all from a different gate. We missed our connecting flight because of that.

    Airline implies on European Court of Justice Verdict C-549/07 stating that the case is in accordance with it.

    Flight disruption information states: reason for disruption – this delay was caused by an earlier disruption within our network that had a direct effect on this flight. The original flight was disrupted due to adverse weather conditions and unforeseen difficulties with the facilities at the airport.

    Really thankful in advance!

    • Hi Inna, the Judgment C-549/07 relates to a technical problem with an aircraft, not a knock-on effect of previous flight or similar. This makes me feel that the airline just strive to evade its liability. I’d recommend you to pursue your claim further… we’d happily help, just file your case at http://www.claimair.com/booking/new. Thank you! Jakub

  • Vicky

    Thank you for the clear article: very useful!

    When can one legitimately go after the airport itself for compensation, refunds, etc?

    We’ve been trying for 18 months for recognition of our case. We were due to fly (with Ryanair) from Luton to Nimes (France). We arrived at the airport in good time, but our tickets weren’t recognised by the airport scanner to get us through security (we hadn’t checked any baggage). This happened to everyone travelling and trying to check in at the time eg a large group of school children.

    We went to the Ryanair desk, queued a little, and were told that it wasn’t Ryanair’s problem, but the airport’s IT system which had experienced a blip. Ryanair told us to go to the airport’s information desk. We queued there a little longer; and were told that it wasn’t for the airport, it was for Ryanair to deal with. We returned to the Ryanair desk, who suggested (after we’d queued some more, with time running out for our flight) that we try going through security again.

    This time our tickets were scanned successfully. We got through security, arrived at the gate to see that our plane had not taken off, but were told by Ryanair gate staff that we were too late to board the flight.

    We had to get back home to France that day, to resume work the following day. Ryanair had no further flight that day to get us back to Nimes or any other relatively nearby airport. We booked on another airline: it cost us 1000 euros.

    We’ve approached the Luton airport management company; and Ryanair, more than once.

    We’ve been told that our tickets were clearly scanned after the time that we should have been going through to security, therefore the problem was our own fault for arriving late …

    It’s totally frustrating. Should we be going after the airport, or Ryanair? We think the former.

    We’re sure we’re due at the very least reimbursement of our original tickets with Ryanair. Actually, we think we should be reimbursed for the replacement tickets …

    We’d be most grateful for advice.

    Vicky

    • Hi Vicky. Thanks for sharing your story with us. I fully understand your frustration and in my opinion, the only way to get some compensation is to file a lawsuit against Ryanair. As you can imagine, you would have to support your suit with clear arguments and evidence… without it, it’d be just a waste of time and your money. Jakub

  • Marina

    Hi Jakub,

    Your post was extremely helpful. I follow your advice, however the company still claim exceptional circumstances, so at this point I think I’m taking this to the CEDR unless you advise otherwise?

    Let me explain. I was fliying with Easyjet from Bristol to Glasgow at 18:40. At 10:00 am I received an alert via app that the flight was delayed by 1h because an earlier flight (I assume same aircraft as my flight) was supposed to land in Inssbruk but had to be diverted to Munich due to a strong snow fall.
    The flight ended being delayed more than 3h (3h 3m they say now) but they have denied compensation using “extraordinary circumstances” as reason, claiming bad weather.
    As per your post I requested clear evidence of this bad weather either in Bristol, Glasgow or the fligth path, and I attached on my complaint about the claim rejection, screen shoots of weather reports on the day at the time for both my departure (Bristol) and landing (Glasgow) cities, both of them showing sunny weather. They still have rejected the claim.
    I’ve replied back and said that the bad weather wasn’t even in my country and happened more than 8 hours earlier to my flight. But after two rejections I have no hope and I’m determined to take this to the DECR.
    Also, There were 3 of us traveling, me, my partner and our 1 year old daughter for whom we didn’t even receive a refreshment voucher on the airport. Is this all right? Doesn’t my 1yo qualify for even a £3 refreshment voucher? She travels in our lap, but she still had to spend more than 3 extra hours on the airport and drinks water what is what you can barely afford with the money.

    thanks a lot in advance.
    Marina

    • Hi Marina, it’s hard to say without checking all details whether you’re eligible… there is aparently a combination of knock-on effect (earlier flight affected) and bad weather. As mentioned in the article, airlines are obliged to follow legal rules… but they don’t. It’s the reason why ClaimAir exists, we enforce rights of air passengers, also in courts. If you file your case in our system at claimair.com/booking/new we can step in and help you resolve it. Regarding your kid, he/she would qualify for compensation if he/she has own flight ticket. I hope it helps a bit. J.

  • Nicky

    Can anyone tell me if a medical emergency on an incoming flight, which then creates a delay causing the crew to run out of flying hours can be classed as a extraordinary circumstance for the cancellation of our outgoing flight on the same aircraft. We didn’t leave until the following day on a different flight number (same plane) and the reason given by the captain when he came to came to the departure lounge to try to calm the passengers down after we’d been stuck in departures for approx four or five hours without food or water was the crew had run out of flying hours.

    • If the airline took all reasonable measures to avoid the delay and got back to full operation as soon as the medical emergency event ceased, it is extraordinary. I fully understand it’s difficult to evaluate such details when you barely know them. Ask the airline for clear evidence including all logs and if the airline fails to deliver it, consider filing a lawsuit (the only way you can get some results in reasonable time). I hope it helps, let us know the result. Jakub

  • Andy S

    Hi Jakub,

    We were supposed to fly with Emirates from Manchester to Dubai last September and our flight was cancelled at the last minute. I’ve contacted Emirates to make a claim for compensation, but they have rejected the claim it based on extraordinary circumstances. They have said that their cleaning company spotted a rodent on the plane and it had to return to Dubai for fumigation, which couldn’t be completed at Manchester.

    I’d appreciate your views as to whether this does constitute extraordinary circumstances and whether it is worth pursuing, I’ve had a search online and it’s difficult to find any precedent.

    Thanks!

    • Hi Andy! Yep, you can’t find rulings to all possible scenarios. A rodent on board of an aircraft is truly hilarious 🙂 Based on our experience, I wouldn’t call it extraordinary at all… even though it doesn’t happen daily, it’s barely comparable to volcanic eruption 🙂 Let us pursuit compensation on your behalf… just file your case at claimair.com/booking/new. J.

  • Mario Gallotta

    Thanks for this amazing article…just what I was looking for.. As you mentioned, i got the response from Norwegian about my cancelled flight and as expected here it is

    Thank you for contacting us with your claim. We regret the time it’s taken to respond to you and we thank you for your patience.

    Unfortunately, Norwegian flight D82426 (LGW-PMI) 10.10.2017 was cancelled. This disruption was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken*.

    Although we respect your request for compensation, we’re unable to honour your claim as your flight was cancelled due to extraordinary circumstances. This is in accordance with EU regulation 261/2004 Article 5(3).

    We apologise for the inconvenience caused on this occasion and hope to have the opportunity to welcome you on board a Norwegian flight when you next choose to travel.

    * Flight disruption information

    Norwegian flight: D82426 (LGW-PMI) 10.10.2017
    Disruption type: Cancelled
    Reason for disruption: This flight was cancelled due to industrial action of French air traffic controllers.

    According to the ADR Directive, we are informing you that The Ombudsman Service LTD is an approved Alternative Dispute Resolution (ADR). http://www.ombudsman-services.org. Please be aware that Norwegian Air Shuttle has not currently signed up to the Alternative Dispute Resolution.

    What do you think ? is there a case for me to continue ?

    Thanks in advance
    Mario

    • Hi Mario! Thanks for sharing details with us. Was the disruption really caused by the strike? If yes, you aren’t eligible as such events are considered extraordinary. You can easily google it to find out. Let us know if we can be of any further help. Thanks, Jakub

  • Nilofer

    Hi,

    My flight LX87 was cancelled due to mechanical issues that the Pilot announced several times during the flight. I arrived at my destination 1 day late due to the cancellation. I filed for compensation with Swiss Airline, the are willing to reimburse me for expenses I incurred but are not giving me any compensation by stating the following:

    “As you may know, the cause of this irregularity was a safety shortcoming following discovery of over speed protection fault. Safety has the utmost priority at SWISS. However, it is an unavoidable fact that safety shortcomings can occur at short notice and this cannot always be prevented. I regret to inform you that no compensation is due.”

    What should I do in this situation? Can I appeal for a compensation in this case?

    • Hi Nilofer! It’s crucial to know whether the problem occurred before or during the flight… if before and it resulted in the cancellation, you should be eligible for compensation. We can help you get it without any extra effort. Please file your case at http://www.claimair.com/booking/new so we can take an action. Thanks, Jakub

      • Nilofer

        Hi Jakub,

        Thanks for your reply. We boarded the flight. The flight was on the ground and didn’t even move from the gate I suppose when they discovered the problem. They spent a lot of time calling mechanics to fix the issue. Eventually we were all asked to disboard the flight since they could not manage to fix the issue. The flight never took off. Is this considered before the flight?

        • Yes, and it makes your case eligible for compensation. Would you like us to get it for you? Thanks! Jakub

  • Michele Armstrong

    I purchased cancellation insurance with my ticket on wow Airlines. On 2/14/2018. I left where I was staying at 4am to drive 3 hours to Keflavik airport. My flight was scheduled to depart at 3:30pm. At 5am a severe blizzard blew my car off the road and I was stranded for about 8 hoirs. During that time I tried calling WOw and was on hold a total of 5 hours. I also tried emailing them 5 times and facebook messaging them to try to reschedule flight. At 8 am all roads in Iceland were closed for travel. By the time the tow truck got me off the side of mountain I still was unable to proceed due to roadbeing closed. I finally got thru to Wow and they will not schedule me a new flight or refund my money. They say the canellation insurance needs a death certificate or note from doctor for refund. I am currently stranded in Iceland becausecof this. What can I do? Please help sfmichelearmstrong@gmail.com

    • Hi Michele! Thanks for sharing your story with us, I’m glad you got over the terrifying situation when traveling to the airport! I can’t help you with your insurance as I don’t know the conditions in detail – you should have a look yourself. The airline is responsible for handling your flight, which most probably flew on time… however, the airline is not responsible for your trip to the airport, so you’re not eligible for any law-based compensation. Just check your insurance to find out whether you can get something out of it. Jakub

  • Tess Sawyer

    Hi. My baggage was held at my flight connection in shanghai airport by customs. It took two weeks to get it back, but China Eastern airlines says they do not owe me delayed baggage compensation because it was held by Chinese customs. Is this true? Is there a way to get compensation from customs instead?

    Thanks for you help

    • Hi Tess. It’s true that this seems like an issue of customs… do you know the reason for blocking your baggage for so long? Jakub

      • Tess Sawyer

        Well, it took me a week of contacting them in every form possible for them to tell me it didn’t clear customs and that they needed to search my bag. I signed the waiver allowing them to search my bag, and gen it took another week before I got it cleared and returned to me. Nothing was taken from my bag and they didn’t tell me anything else…

        • That’s indeed a quite unusual case. It’s true that until you pick up the bag, it still might be considered in possession of the airline – making the airline responsible for the delivery. If you filed the Property Irregularity Report once you noticed your bag didn’t make it to the belt, you should claim compensation for all provable and reasonable costs (up to €1,400 which is the usual liability limit of airlines). Jakub

  • Maria Brassai

    hi Jakub,
    I had a delayed flight on the 15th of Jan, where instead of 13:40, our plane finally left from Budapest to Oslo around 18:00…. Originally the issue was that the operating flight from Oslo delayed due to icy rain on the airport, but in addition to that there were many other circumstances which contributes to the delay…
    1.) the charter from Oslo to Budapest arrived around 15:30, should have been around 13:00, due to icing at the airport
    2.) the latest/delayed departure time was set for 16:45, so around 16:15 we had to go out to the gate and we’ve been waiting in the cold weather for about 20-30 mins to get on the plane
    3.) then around 17:00 we’ve been sitting on the plane already, but still waiting, no ETA to start.. they been informing us on the probability to leave in the slot between 17:00 and 18:00, but was not sure
    4.) meantime turned out (was announced only norwegian on the plane) that because of the delay 1 flight attendant’s shift has been finished and she had to get off the plane and additionally 14 passengers, because the current number of flight attendants were not allowed to manage the passengers on the plane… so they started to sort the baggages and remove the ones to be leave the plane.
    5.) because of this, we missed the slow between 17:00 and 18:00, so we had to waited for the next available slot between 18:00 and 19:00.
    6.) finally we landed at Oslo airport around 20:30..
    I wrote a claim, but received the following response:

    Dear Maria,

    Thank you for contacting us with your claim.

    Unfortunately, Norwegian flight DY1551 (BUD-OSL) 15.01.2018 was delayed by 4 hours and 34 minutes. This disruption was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken*.

    Although we respect your request for compensation, we’re unable to honour your claim as your flight was delayed due to extraordinary circumstances. This is in accordance with the European Court of Justice Verdict C-549/07 Wallentin-Hermann.

    We apologise for the inconvenience caused on this occasion and hope to have the opportunity to welcome you on board a Norwegian flight when you next choose to travel.

    Kind regards,

    Maryna

    The Customer Relations Team
    ______________________________________________________

    * Flight disruption information

    Norwegian flight: DY1551 (BUD-OSL) 15.01.2018
    Disruption type: Delayed
    Delay time: 4 hours and 34 minutes
    Reason for disruption: This delay was caused by an earlier disruption within our network that had a direct effect on this flight. The original flight was disrupted due to adverse weather conditions.

    Any advice ?

    thanks, Maria

  • Corina Popa

    how can they prove that the air traffic management was the cause? I assume that they have an communication from ATM, otherwise is their word agains ours? thanks

    • Hi Corina. Yes, it can be challenging. But the fact is that unless the airline provides clear and independent evidence, it’s still responsible and should pay you compensation. Airlines are obliged to create and maintain so-called logbooks – this is the evidence you require. Jakub

  • Darius Andrew

    Hi, i’m wondering if you could clear up something for me. My flight with norwegian air from Gatwick to JFK was cancelled on March the 2nd, supposedly due to bad weather, but British Airways were able to fly the same route that day with only an hour delay. If the same flight route was able to be made by another airline then am I able to claim compensation?

  • Gustavo Gurran Subida

    Hi, my family was flying from Helsinki to Porto (via Frankfurt). The flight from Porto to Frankfurt was first delayed and then canceled, and the passengers were told that Lufthansa had no plane available for that flight. There had been flight disruptions in Frankfurt during that day related to weather conditions. However, at this time Frankfurt airport was fully operational again. They were re-routed the next day from Frankfurt to Lisbon and then onwards to Porto on TAP Portugal. Lufthansa rebooked them with a 4h stopover in Lisbon, although there are hourly flights between these two cities. In Lisbon they asked fly to Porto on an earlier flight (TAP Portugal allows this), but they were told that the group would have to be split due to seat availability (which was not a problem for them), but because one of them had checked luggage, this was not allowed. The total delay was 15h. On the way back their flight from Porto to Frankfurt was delayed, allegedly because of weather conditions in Frankfurt. However, at the same time other flights were landing in Frankfurt. My relatives made it to the gate for the next flight just to find out that the gate had just been closed (but the plane was still there) They were then rebooked the next day via Munich to Helsinki with a 16h delay. Lufthansa is denying any compensation. Is this something you would be willing to fight for? Thank you very much!

  • Nathan Horner

    Hi Jakub,

    My flight with Norwegian DY7013 from LGW to JFK 25th February was delayed over 5 hours, they cited that it was due to illness of crew member. I have since tried claiming compensation for the delay which was rejected with the airline citing extraordinary circumstances. I have followed your advice and asked for evidence, am i correct in doing so? also my return flight on 2nd March was cancelled due to weather, the next flight Norwegian offered me was Monday meaning another 3 days in NYC. Am i correct in thinking i should be seeking reimbursement form the airline for accommodation, food etc for the 3 day delay of the return flight?

    Thanks

    Nathan

  • Pamela

    Hi Jakub,
    We were denied boarding on our WOW air flight from MIA to FRA via KEF on January 8, 2018 (WW 132/ WW 760). WOW cancelled the connecting flight FRA to KEF, but did not cancel MIA to FRA. They let other passengers on MIA-KEF flight, just didn’t let us on, claiming “our flight” was cancelled due to bad weather. They left us (and other passengers with connections in KEF) stranded for days in Miami. We received nothing and were denied our rights to care. We couldn’t even get through to their customer service for three days (this was outsourced at MIA, and the agents were not allowed to make any changes in our booking). After about 48 hours with no information, we ended up paying for another flight home (with another airline) as the situation was ridiculous. We eventually got our money back for the cancelled portion of the flight, however, this by no means covers the cost we incurred. We submitted a claim to WOW, but were denied due to “weather conditions”. What is most curious, is that WOW is the only airline to have cancelled flights from FRA-KEF that next day. And why WOW did not let us on the original flight from MIA to KEF (and then overnight us in KEF for one night, instead of the wasted and costly time in Miami) is a complete mystery. We think the flight was overbooked…
    We will now submit a new claim, and follow your instructions and request clear evidence of weather conditions incompatible with the safe operation of the flight. Any other advice is most welcome.
    Thanks,
    Pamela

  • Danny Green

    Hi
    I hope you can help…?
    I recently took a flight to Geneva which was delayed by 4 1/2 hours. As the plane was taxiing to take off, the passengers were informed that the flight maybe diverted to Lyon as the curfew at Geneva airport may not be extended to ‘accept’ the flight, but this would be confirmed when in the air.
    Indeed, the diversion did happen and when the Captain announced this, he said that there would be a coach waiting at Lyon to take the passengers to Geneva. The coach wasn’t there and i was given no information by the airline although there was talk by other passengers that a coach would be turning up in around 5 hours time which was of no use to me given i was on a short 3 night break (should’ve been 4 but changed because of the delay).
    Being as my destination was more or less the same distance from Lyon as what Geneva was from Lyon, it make logical sense to go straight to my destination rather than ‘complete’ my flight to Geneva and then go to my destination, in around 5 hours time.
    I did this via taxi at a cost of 435 euros.
    Would i be able to make an expense claim from the airline for this sum of money?

  • Natalia

    Hi! I was on a fight lx1348 Zurich to Warsaw on Jan 12th. The flight was diverted back to Zurich half hour into the trip due to technical issues. We ended up getting on another flight and were delayed a little over 2 hours. Based on the flight distance and the delay, we should be entitled to €200 each, however, the airline is claiming extraordinary circumstances as the issue was due to oil temperature discovered while in flight. Do you agree with their assessment that this was in fact extraordinary?

  • Stephen Coulter

    What a useful article! I just wish I’d found it years ago 🙂 I am currently chasing British Airways regarding a flight three years ago HEL-LHR-BHD where I missed my onward connection in Heathrow and had to spend the night there. After five months of chasing them (they asked for more details then didn’t answer for three months when I asked them to specify what details were missing) I have their answer (no, not the answer on missing details) that it is not liable due to ATC restrictions on one of the previous sectors. From the Captain’s comments, the plane was delayed getting to Heathrow from somewhere in France (French ATC had a strike), so then delayed getting to Helsinki and then delayed returning to Heathrow (my flight). I have now replied saying that this does not qualify as my flight did not overfly France nor where either of the two airports involved affected. I have advised them that if they do not reply within seven days I will escalate to the Consumer Disputes Board in Finland, do I have to wait for a reply from them or is that reasonable?

  • marjorie painter

    Hi Jakub, I was delayed for over three hours on a flight from Rhodes. We were supposed to fly at 11.25pm and flew at 3.15am. When on board the Captain said the plane had been hit by lightening the previous morning and had to be checked over for any problems. Is there a time limit as to when the airline can claim Extraordinary Circumstances please? As we flew over FIFTEEN hours later.

  • Marissa

    Hi Jakub, I hope you are still checking these comments. My mum’s flight from Washington to Casablanca was delayed, which in turn means that she will miss her connecting flight to Milan (with the same company). The reason the airline has given me is “operational constraints”, one of your examples of vague reasons. What should I do next? How do I push for a clear reason? I believe that according to the regulations, she would be entitled to compensation because the delayed meant she lost a connecting flight to the EU.

  • Daniela

    Hi Jakub. How are you? thank you very much for your tips.
    Im Daniela and I would like to know if you could help me in my situation.
    I bought two tickets with a UK agency flying to indonesia using cathay pacific airlines.
    We cannot go now because I am pregnant and the doctor doesnt allow me to go to places with zika.
    The agency replied to me that they can only refund the taxes so it is just 70pounds per ticket (y payed 800pounds for both flights).
    And if i want to change destination the fee and change are so high that it is better to buy new flights.
    Can I apply to something else? (I payed with bank transfer and I dont have travel insurance)
    Thank you very much.
    If somebody knows about this, please, your help too.
    Regards

    Daniela

  • Suzanne Shenton

    Hi
    We returned from Mexico on Thursday 1st March with TUI airlines. We were due to take off at 1700 hrs but were delayed by over 7 hours. Our initial thoughts was that it was due to the weather back in the UK but in fact it was due to a problem with a cracked windscreen in the cockpit. The outbound flight from Manchester had taken off then got diverted to Gatwick due to the problem where they were able to change the plane. We have claimed for compensation from TUI who have responded that we are not eligible to a refund as it was a extraordinary circumstance. The email states that the extraordinary circumstance was due to ‘in-flight damage to the aircraft during the preceding flight, caused by a foreign-object, and which requires immediate assessment and / or repair’. Do we have a case to try and go further? Thanks

  • Claire

    I am interested to know if you take on Ryanair delays? I was delayed over 5 hours last July and they have said it was due to a thunderstorm.
    They will not provide me with any backup.
    The cabin crew in the ground said it was due to the plane being at a different airport and then Ryanair having to get in a different crew as the previous one was over their hours!!
    Claire.

  • Sofiya Krasotina

    Hey!

    Thank you for the article.

    I have a complicated situation, please let me know if ClaimAir can help and I will file a claim.

    I was on AZ610 flight from Rome to NYC on Jan. 4th. Because of the snow in NYC, we’ve landed in Montreal instead. So these are extraordinary circumstances, I get it.

    What happened next was entirely AlItalia’s fault and I want to do everything possible to get a compensation.
    Long story short: Alitalia failed to deliver us to our final destination. If I would have stayed there waiting, I would only get home by Jan. 7th (that’s the earliest flight they were going to put me on but I took a train instead).

    Keep in mind that:
    1) The snow situation in NYC had resolved on Jan. 5th morning
    2) There were seats on other companies flights going to NYC (I went around and asked) but AlItalia refused to authorize re-bookings for the first 30 hours (!)
    3) There were people from a previous AlItalia flight – they’ve arrived in Montreal a couple of hours earlier than us and were sent to JFK the next day (on Jan. 5th).
    4) Alitalia kept lying to us and giving us misleading information. Most of the passengers missed convenient trains, flights and buses to NYC because Alitalia kept broking the promises to get us home.
    5) Alitalia refuses to provide me with a document to prove extraordinary circumstances. I’ve asked twice.

    I’d be happy to receive your comment on this.
    Thank you.

    Sofiya

  • Daisy Mann

    Hi , my flight from New York to London Gatwick was delayed 4 h 37 mins due to ‘Reason for disruption: This delay was caused by an earlier disruption within our network that had a direct effect on this flight. The original flight was disrupted due to unforeseen change of tires caused by damages from a foreign object on the runway.’ please could you advise whether this is actually an extraordinary circumstance as the Airline (Norwegian air) claim. Should they be able to prove this and will there be records showing there was an object on the runway?

    Thanks
    Daisy

    • Steve

      I have the same issue with a BA flight delayed for a similar time related to a damaged wing caused by foreign objects on the runway when the airplane landed or took off earlier in the day. They claim they are not responsible for clearing the runway so no compensation payable. Any thoughts?

  • Daniela Torrisi

    On Friday my flight and several other flights were cancelled due to shuttle bus outside Stansted airport, which caught fire. The fire was put under control in around 20 minutes, no casualties, no damage to the airport, no smoke inside. The airport evacuated people from the departures to inside the airport apparently without making the necessary security checks, and mixed departing and arriving passengers. Then the flights appeared on boards as delayed. After sterilising the gates, sending everybody out again and a second passage through security, they said all flights were cancelled. This sounds like airport mistake and unnecessarily cancelled flights, to me. Am I right?

  • Danimi

    Hi Jakub, Thanks very much for your very thorough explanation.
    I am suffering from a cancelled flight by Air traffic control.

    The point is that other airlines continued the operation that afternoon, as it was a temporary electronic device problem (less than 1 hour).

    And other passengers that were affected by the same cancellation have received the response by Ryanair saying that the cause was the weather conditions. (yes, for the same flight and the same cancellation, just because they claimed in a different country).

    So shall I use this lack of uniformity on their reply, or we shall keep the information on their reply as confidential as they require to do?.

    Thanks very much!

  • Patricia Weller

    Hi, I’ve just received an email from British Airways refusing my request for compensation for a flight delay which was caused by not enough de-icers available to deal with the aircraft ready for take-off. We were assured by the captain during a 3 hour wait onboard that we would be cleared for departure as soon as we were de-iced.
    But in the final response email it stated extraordinary circumstances caused by bad weather!
    Am I right in challenging this decision?
    Thanks.

  • karen

    hi, I booked a flight in back in October for a flight from London Luton to Alghero, Sardinia for July with easy jet & received an email yesterday to say the flight had been cancelled with no explanation. It advised to look at replacement flight but it now seems they no longer fly there. My flights costs £410 & the only other airline flying direct now is TUI, which costs £1110. Will easy jet pay for these replacement flights as they no longer can offer this service?

  • Marcus Tinsley

    I travelled with a very large group (100) passengers booked through Skibound on this charter flight to Geneva. Tui are now responding as below which would appear to be against flight crew time limitations Regulation EC 261/2004 as extraordinary etc. Can you advise

    Departure Date: 03/3/2018 Newcastle Geneva
    Sent to Tui
    Customer Comment:

    Flight delayed 3 hours 49 minutes due to “operational reasons”

    Flight (one pilot)staff had not arrived on time for duty

    I was informed a pilot had not reported for duty and a relief pilot had to be sourced from elsewhere and the delay would be significant as above / actual 3hrs 49 mins landing 1429

    This claim falls within the regulation for compensation claim EU flight, over three hour delay on landing and within the control of the company

    Im chasing further clarification based on the below as the plane ready – passengers called to the gate for scheduled departure – just prior to embarkation informed by ground staff that one of the flight staff a pilot hadn’t reported for duty because they lived in Otterburn and couldn’t get to the airport due to snow (snow had been known by all as this was the Beast from the East week and snow fell early week giving the airline time to plan for staff disruption ) staff had to be sourced from other areas etc

    Response from TUI
    Dear
    Thank you for your communication with us, concerning your flight delay.
    We have reviewed the circumstances surrounding the delay of the flight and can confirm that in this instance the flight was delayed due to crew flight time limitations.
    In this instance the disruption to the fleet was unprecedented, however all resources available were utilised to ensure that the flight operated at the first available opportunity.
    We appreciate that you have requested compensation from us in respect of the delay, however as the cause of the delay was due to external factors over which we have no control we are not required to pay compensation under Regulation EC 261/2004 in these circumstances.
    Thank you again for contacting us.
    Yours sincerely,
    Deesha Sanjeeva Shetty
    Contact Centre Advisor
    TUI Customer Contact Team email: Aftertravel.Flightdelay@tui.co.uk

    Any thoughts and advice would be great

    Marcus Tinsley

  • Stephanie Boulton

    Recently had a 26 hour flight delay. Boarded the plane in time. Sat on the plane for n hour….technicians were in the cockpit…..pilot/captain eventually made announcement that crack had appeared in a cockpit window whilst we were boarding. No mention of it being on previous flight!!
    Disembarked..overnight accommodation provided.
    Flight attendants told the passengers to make claims for compensation when we did eventually fly out 26 hours later.
    Put claim in on return and now received email stating “extraordinary circumstances” stating damage done “in flight”….. surely if window was cracked during previous flight…they would not even have allowed us to board the flight……two different explanations…..although they looked after us with accommodation….my partner lost 2 days pay due to the length of delay and flight arrival time…incurred extra parking charges and additional kennel fees…surely there must be something to claim….??
    Regards
    Steph

  • melaina

    hello Jakub,
    I have a question regarding entitlement to compensation. My fiance and i were recently on a trip to malta. One leg of our journey, was from bologna to malta. This flight was cancelled due to the discovery of a WWII bomb in the city. Now i know that would likely qualify as an extraordinary circumstance; however i am wondering about a few things. One, an article shows that Ryanair should have known about the discovery earlier than our flight as the police started evacuating around 9am and our flight was at 11. Ryanair did not let us know until well after our flight was to depart. We were left in italy for two days until our new rerouted flight from Pisa was able to leave. The same article i found states that the airport was back up and running a little after 5 pm. Should we have been postponed until such time and as we were not, are we subsequently entitled to some sort of compensation? The ordeal was really terrible as we were told multiple things from ryanair employees and ended up waiting in a line for 4+ hours to receive some assistance from the airport with rescheduling our flight.

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  • Arletta Lücht

    Hi Jakub, I recently purchased a flight from Dublin to Stockholm with Norwegian Airlines. They advised that the flight was delayed as there were technical difficulties – a broken door was mentioned. They then requested that 38 passengers would voluntarily be rerouted via Copenhagen and provided us with the passenger rights leaflet. I queried would we still be eligible for compensation. I was advised I would be. We then flew to Copenhagen 3.5 hours later. The customer service desk at Copenhagen airport was not aware of us being redirected nor had provided food vouchers – 6 hours after our initial intended departure, so we had to wait another 3 hours for the next flight and Copenhagen airport then provided us with one €7 food voucher each-not sufficient to cover 2 meals for a 9 hour total (waiting) period in Scandinavia. We finally arrived in Stockholm 7 hours after our initial arrival time. When I checked my bank statement Norwegian accessed my credit card details without me being notified or authorising the transaction and charged me for 2 tickets to be rerouted to Copenhagen. I was not aware that it was legal to access somebody’s bank account using details previously used to make a purchase. When I queried this I was advised it was a technical error and they would reimburse me… I filed for compensation with Norwegian airlines for €400 due to a 7 hour delay & 1630km distance travelled. The airline advised that I would not be eligible due to “extraordinary circumstances”. I requested proof of what these were and they advised that “the delay was caused by an inspection of the aircraft that was required in order to establish if a technical fault was present. During inspection, no technical defect was found. The aircraft was then released (5 hours later) for operation.” I replied advising that the reason provided does not qualify as an extraordinary circumstance in line with article 5(3) and that the airline was non compliant with EC2001/2004. However, they still won’t budge and have advised that no further action will be taken on their part to compensate their passengers. Do I have a leg to stand on asking for compensation? Is it ok for Norwegian to access my bank account without permission? Where do I go from here since the airlines wont give in?

  • Arletta Lücht

    Hi Jakub, I hope you will be able to advise
    on my question. I recently booked a flight from Dublin to Stockholm with
    Norwegian Airlines. We were due to depart at 10.15 but were advised at the
    boarding gate that there was a delay due to a technical issue, apparently
    the door appeared to be broken. The airline provided us with the Passenger
    Rights leaflets and I queried whether we would be eligible to receive a refund
    due to a delay of 3 hours plus. The Dublin airport staff confirmed we would.
    They then requested for 38 passengers to be off boarded and to take an
    alternative flight to Copenhagen and from Copenhagen to Stockholm. I was
    assured the compensation would still apply as we would arrive at our final
    destination after more than 3 hours and that a connecting flight would be
    waiting for us in Copenhagen. The flight to Copenhagen was then delayed another
    2 hours, so that we left Dublin for Copenhagen with a 3.5 hour delay from our
    initial departure time. We arrived in Copenhagen and the staff there was not
    aware of us requiring to be rerouted. Therefore, we had to wait another 2.5
    hours before being able to board a flight to Stockholm. We requested food
    vouchers as nearly 7 hours had passed since we were meant to leave Dublin and
    would not arrive in Stockholm for another 3 hours. We were provided with one
    voucher for €7 to cover 2 meals which is just about enough to buy a sandwich in
    Denmark. When I went to check my bank statement 5 days later I noticed that
    Norwegian had accessed my bank account via my debit card details I had previously
    used to buy the flights and took payment for 2 (my friends and I were
    travelling together) new flights to Copenhagen. This constitutes an unauthorized
    debit as I was not notified of the transaction nor did I authorize it. I
    contacted Norwegian and was advised that it was a technical error and that they
    would refund me. When I queried receiving compensation as we arrived at our
    final destination 6.5 hours after our intended arrival time they advised that
    they would be unable to compensate me as the delay was due to “extraordinary
    circumstances”. I requested evidence of these and was advised that “the delay caused
    by an inspection of the aircraft that was required in order to establish if a
    technical fault was present. During inspection no technical defect was found.
    The aircraft was then released for operation without the need to replace any”.
    I then reverted to advised that suspected technical issued and the subsequent
    airplane inspection are considered to be maintenance issue and within the airlines
    control and cannot be considered “extraordinary circumstances”. Could you
    please advise if I can pursue this further and if I have ground to claim
    compensation as the airlines remains unwilling to oblige me? Can I take any
    further action regarding the unauthorized debit? Thank you.

  • Maggie

    Hi Jakub, I complained to TUI regarding a delayed flight (16hrs) TOM127 on 11 Jan 2018 from PVR to MAN. Whilst held on board the aircraft the Captain advised it was due to technical problems with the incorrect completion of passenger information paperwork required by US Air Authorities to allow us to travel into their airspace. He also stated on the tannoy that the same issue had occurred either the week or 2 weeks previous.
    On arrival at Manchester, Thompson’s staff handed us a document with details of the delay advising those with relevant insurance to make a claim (indicating fault /liability?)…
    I claimed for flight delay compensation under EU/261 direct from TUI. They rejected the claim stating ‘extraordinary circumstances’.
    In your opinion, would this be classed as such – is the filling is such paperwork inherent in the normal operation of the carrier? And if such a problem had occurred 1 or 2 weeks earlier as stated by the Captain, then surely it cannot be deemed ‘extraordinary circumstances’ as the airline have had adequate time to put measures in place to ensure such circumstances do not reoccur?
    I am about to reply to TUI stating the above and asking for evidence of the ‘extraordinary circumstances’ they have stated so any advice is gratefully received.

  • Melvin Rook

    I received the explanation below. Is this one dodging the “operational responsibility” or is it a valid extraordinary circumstance?

    “I would like to explain you that your flight was delayed due to aircraft rotation. An aircraft initially assigned to perform your flight was delayed during the previous flight segment on the same route due to unpredictable technical defect, subsequently your flight did not depart as scheduled.

    Exhaust gas temperature indication system defect was detected on the aircraft assigned to perform the flight. In such case in order to ensure safe flight according to manufacturer’s instructions mandatory additional inspections had to be carried out and the defect had to be averted. As during inspection it was ascertained that issue can be averted promptly, the decision was made to start the repairs immediately. As soon as the damage was averted and everything was prepared for performance of the flight, it departed.

    As this defect was not predictable and did not depend on airline’s actions and/or inactions and stems from events which, by nature and origin, are not inherent in the normal exercise of airline’s activities and are beyond its actual control. Therefore according to the current Regulation (EC) 261/2004 “establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91” this defect has to be considered an extraordinary circumstance which could not have been avoided even if all reasonable measures had been taken and all our available resources were utilized. Therefore we cannot meet your request to pay delayed flight compensation.”

  • MS

    My flight (WOW AIR Montreal to Iceland) was cancelled due to an ant infestation on the plane. Officials contacted entomologists for help identifying the ant species found onboard.The various government agencies ruled the ants posed “no significant risk to public health”. The aircraft was fumigated as well as baggage and personal items on the plane rom the previous flight. The flight left 22 hours later. I basically lost 1 day of my holiday.

    Is an ant infestation considered an extraordinary circumstance?

  • AD

    Hi, I’ve a question about sickness relating to crew – are they’er any exceptions to the rule or is it as general as it is explained above Medical Conditions, the flight was further delayed due to technical issues?

  • Javier G. Visiedo

    My flight is delayed due to a medical emergency of a passenger in the upcoming flight, which plane was supposed to take us to Barcelona.

    According to this article, a medical emergency is considered “force majeure”, but I assume that applies to the flight in which that happens, and not on any subsequent delay on the flights that that plane was supposed to serve afterwards.

    What is your view in this case?

  • jill Heslington

    Yesterday we encountered an 8 hour delay on Ryanair FR2485 due to an Italian Air traffic control industrial action. the airline changed our scheduled departure time from 11.00 to 09.40 and I would assume for this reason. Whilst I agree the strike is classed as extraordinary circumstances, our flight was called on time and 5 minutes ahead of another later scheduled Ryanair flight who were boarding at the next gate. However after boarding priority passenger, there was a significant delay of around 10 minutes to board non priority passengers (no explanation given). Once onboard the crew informed us of the strike and that we needed to be seated immediately and this occurred allowing time for departure. The flight deck then issued for the doors to be secured but this was not completed immediately and we subsequently missed the 10.00 hrs strike deadline and could not fly. The later scheduled plane however managed to take off before the deadline. I doubt that the airline made all reasonable measures to ensure our departure, given the operational delay in boarding and also question whether a 20 minute departure time allowed a sufficient reserve time to operate the flight before the planned industrial action. Are there any grounds for compensation given these issues?

  • Eva Harrison

    Hi Jacob,
    we wer delayed as the plane we were scheduled on was hit by a birdstrike on landing ; I understand that this is an exceptional circumstance ; still we were scheduled at 9.20 to depart and we actually departed at 22.30h. It took the airline until 18.00 to get an engineer to the plane, that was sitting in Faro airport Portugal. that seems to be a very inefficient way of handling the problem.
    Once the engineer arrived, we believe there was no repair necessary.
    Is there a cause for compensation ?

    thanks
    Eva

  • Mark Tennison

    Hi
    I’m trying to help my parents who are in their 70’s and were recently delayed over 24 hours for their flight home from Tenerife South to Doncaster airport. TUI have already rejected their request for compensation as the delay was due a cracked right hand DV window. Apparently their handling logs show this and they refer to ‘in-flight damage during the preceding flight caused by a foreign object requiring immediate assessment/repair’. This, they claim, was an extraordinary circumstance. My question however is that this issue only appears to have been noticed when all passengers were onboard and just 20 minutes from take-off. Would a proper examination have not revealed this earlier? Is this worth pursuing?

  • redframewhitelight

    Sadly, it looks as though Jacob has moved on from ClaimAir. He has not replied to anyone for 3 months and has not replied to an email I sent over a month ago.

  • Eli

    Hi Jakub,
    Our flight Norwegian flight: DY7197 (EWR-BCN) 03.05.2018 was delayed 3 hours. I raised a claim using their system and they say it was due to extraordinary circumstances and this is the reason:

    Disruption type: Delayed

    Delay time: 3 hours

    Reason for disruption: This delay was caused by an earlier disruption within our network that had a direct effect on this flight. The original flight was disrupted due to unforeseen difficulties with the facilities at the airport.

    Thy did not give us any vouchers or explanation only that we had to change gates twice. Why do you think? Are they answering correctly?

    • Hi Elizabeth, the airline is liable unless it clearly proves that all appropriate measures have been taken to avoid a delay and that the event can be qualified as extraordinary. The statement of “difficulties with the facilities at the airport” is meaningful, making all parties unable to evaluate the eligibility for compensation. I’d request clear and impartial evidence of extraordinary circumstances and if the airline won’t deliver it, I’d consider filing a lawsuit against the airline. I hope it helps. Jakub

  • Bablanda

    This information is very helpful!
    Today I had a flight with Frontier Airlines cancelled. The Airline initially delayed the flight several hours, telling us that it was due to “Low hanging clouds,” but then suddenly cancelled the flight and changed their reason to “Bird Strike”. The flight was supposed to leave at 10:55am today (Friday) and after it got canceled they offered no other flights until Monday (which was my return date for the weekend trip that I completely had to cancel).
    I find all of this suspicious, especially because they changed their reason so suddenly and judging from the passengers waiting with me, it was definitely not a full flight and might be losing them money.
    Furthermore, I have talked to another person that had the exact same thing happen to her while flying Frontier–also cancelled a not-full flight, also only offering a flight several days later with a refund for tickets but no additional compensation.
    How do I get their claim investigated? My personal compensation would be a small $30 in gas, but they can’t make up for my broken heart over a spoiled weekend and all the time I spent in the airport and then trying to get a ride back home!
    And my plans were pretty flexible. Some people waiting in the terminal with me had to miss graduations, job interviews, and other important life events or pay $400 for a last-minute one-way ticket through a different airline. Obviously, I don’t want anybody flying an unsafe aircraft with engine problems due to birds or whatever, but it just seems so suspiciously to their advantage in this situation to say that it was a bird. If Frontier is doing this to people on a regular basis, I want them investigated to make sure they are telling the truth!
    How likely is it that they could be making this up? How do I get more evidence?

  • Ranjan Mimani

    Hi Jakub,
    I flew Jet Airways 9W115 from LHR-BOM-IDR on 30th May. The flight was delayed and
    I missed my BOM-IDR connection. The replacement flight landed in IDR 6 hrs after the scheduled time. I wrote to the Airline but they have denied the claim citing bad weather and consequential delay. Jet Airways is not under ADR. Any suggestions….

    • Hi Ranjan, what if you file your case on our platform at http://www.claimair.com/booking/new? This way we can investigate more to verify the reason for the delay. Don’t forget to attach the response you received from the airline. Thanks, Jakub

  • Suhas Satya

    Hello Jakub,

    We faced a flight cancellation at Amsterdam Airport after nearly 11 hrs of waiting at the recently. We were later placed in a hotel and rerouted only the following day on another airline via another airport. The airline in this case (Jet Airways) claims that turbulence caused technical issues to the inbound flight which required unforeseen additional to be carried out. Could you kindly advise if this claim has any merit in court? And if so, what would be the best place for me to gather evidence to prove or disprove this claim?

    Thanks a lot!

    • Hi Suhas, I’d say that there is a solid chance that my team can settle your case even out of a court – since we work purely on a success fee basis, there is no risk for you to assign us your case. Indeed, it’s difficult to compel the airline to provide clear evidence as they usually do it only in a court. J.

  • Tatjana

    Hey Jakub!

    Very nice article which makes it clear to most of us, passengers, who don’t really know what to do in most of the situations.

    I have also a question for you. Couple of weeks ago I had a connection flight Copenhagen-Riga-Tallinn. Due to my flight from Copenhagen was delayed, I wouldn’t make it to the connection flight to Tallinn. AirBaltic has rebooked my flight and I flew 5 hours later directly to Tallinn, which affected my arrival time to be delayed with 3 hours. I have written the complain to the company requesting to refund me my tickets price (232 eur for me and my 2,5 year old son, even though I could ask for a compensation of 250 eur each)..

    The company replied that My flight was delayed due to the technical issues on the previous flight which were not detected before the flight but while the airplane was in it’s way to CPH, so they had to fix it according to the manufacturer’s prescription..which is time consuming and so so so,

    At the end they claimed that they were nice to me to reroute me with another flight (which is the least the air carrier shall do, right?)

    Do you have any ideas I can write them except for I have already written that this doesn’t count as an extraordinary circumstances (not my fault aircraft engineers were not able to detect the error beforehand) and that the delay of 3 hours make me to be eligible to be refunded with 500 eur (me plus a child with own seat).

    I would appreciate your advice very much

    Tatjana

    • Hi Tatjana,

      in short – you should get 2 x €250 compensation as technical issues are not considered extraordinary within a meaning of EC261. The mentioned €232 reimbursement is not due as you were transported to Tallinn by alternate flight. And yes, it can’t be considered an airline’s favor that they provided you with alternate transportation 🙂 Would you like ClaimAir to get the compensation for you? It’s easy – just file your case in our system so we can step in. Thanks, Jakub

  • Tatjana

    Very nice article which makes it clear to most of us, passengers, who don’t really know what to do in most of the situations.

    I have also a question for you. Couple of weeks ago I had a connection flight Copenhagen-Riga-Tallinn. Due to my flight from Copenhagen was delayed, I wouldn’t make it to the connection flight to Tallinn. AirBaltic has rebooked my flight and I flew 5 hours later directly to Tallinn, which affected my arrival time to be delayed with 3 hours. I have written the complain to the company requesting to refund me my tickets price (232 eur for me and my 2,5 year old son, even though I could ask for a compensation of 250 eur each)..

    The company replied that My flight was delayed due to the technical issues on the previous flight which were not detected before the flight but while the airplane was in it’s way to CPH, so they had to fix it according to the manufacturer’s prescription..which is time consuming and so so so,

    At the end they claimed that they were nice to me to reroute me with another flight (which is the least the air carrier shall do, right?)

    Do you have any ideas I can write them except for I have already written that this doesn’t count as an extraordinary circumstances (not my fault aircraft engineers were not able to detect the error beforehand) and that the delay of 3 hours make me to be eligible to be refunded with 500 eur (me plus a child with own seat).

    I would appreciate your advice very much

  • Maile Roosmäe

    Hello, could I have some advice on my case. My flight was cancelled on Monday from Bremen to Tallinn (we received the the SMS 36 minutes before the take off) and the workers informed us that the flight couldn’t happen as there was no cabin crew to fly. Ryanair’s flight the previous evening was diverted to Hannover as it came too late and Bremen airport did not accept them anymore. They landed in Hannover around midnight and our flight was suppose to be 6.30 in the morning.
    This does not seem to be as an extraordinary circumstance? Even the lady at the counter was wondering why weren’t we taken to Hannover or the cabin crew driven from there to Bremen (as it is around 1.5 hours).

    What does your experience say? Does it seem to be eligible for the compensation?

    Thank you!

    Best regards,

    Maile

  • Maile Roosmäe

    Hello, could I have some advice on my case. My flight was cancelled on Monday from Bremen to Tallinn (we received the the SMS 36 minutes before the take off) and the workers informed us that the flight couldn’t happen as there was no cabin crew to fly. Ryanair’s flight the previous evening was diverted to Hannover as it came too late and Bremen airport did not accept them anymore. They landed in Hannover around midnight and our flight was suppose to be 6.30 in the morning.

    This does not seem to be as an extraordinary circumstance? Even the lady at the counter was wondering why weren’t we taken to Hannover or the cabin crew driven from there to Bremen (as it is around 1.5 hours).

    What does your experience say? Does it seem to be eligible for the compensation?

    Thank you!

    Best regards,

    Maile

    • Yes, your case seems to be eligible for compensation. Let us know if you want us to get it for you. J.

  • John Durrant

    Hey Jakub, could i get some advice on my recent delay if possible.. i was recently delayed for 27 hours due to the flight the day before having a medical emergency, the reason for such a long delay was apparently they’re back up plane was on routine maintenance that weekend so there was no available plane.. in my opinion this is an airline failure surly they should always have a back up plane to be provided. The flight was only 8 hours away and they knew about the diversion long before our flight was due to leave. In your opinion is this worthy of pursuing or should I give them the benefit of the doubt?

    Many thanks

    John

    • Hi John, there isn’t any obligation for airlines to keep a backup aircraft just in case something wrong happens. However, they should accomplish appropriate steps in order to restore operational capacity as fast as possible – which probably didn’t happen. Jakub

      • John

        Many thanks for the advice Jakub, seems like a massive grey area and that the airline will claim it was out of there control. I wouldn’t mind so much but we were delayed 2.30 hours on the way there aswell. Is there any sections in the rules that clearly state what you’ve just said that I could possibly use in a argument? Many thanks again.

        John

        • John, legal grounds come from the regulation EC261/2004 but its scope is extended by related judgments of the Court of Justice of the European Union which makes it challenging when talking about effective enforcement.

  • paul

    hi interesting atricle
    i recently had a claim denied by an airline who had my flight delayed 4 1/2 hours from stanstead – 2 days after the airport was struck by lighting recently (end of may, i guess your geiing lots of claims from this?) – they have said the reason is air trafic control ie exceptional circumstances- obviously im asking for details claification etc but my question is this was a rather extreme event i guess as while lightening is common this closed the airport briefly, but for the flight to be delayed 2 days later is not reasonable in my mind – even from this – what do you think Jakub?

  • Nicole Touchard

    Hi we were on a package holiday with thomas cook in cayo coco, our flights were provided by Thomas cook. Our scheduled return flight was 10th june at 17.45 hours. We were advised on morning of 10th june that flight had been delayed till the following day at 20.00hrs. When we were eventually allowed to board the return flight the next day the reason given for the delay was a medical emergency on our plane prior to it even leaving Gatwick, apparently the plane had been used prior to our flight for a flight from florida to gatwick and this is where medical emergency occurred. Pilot slsi stated that a stand by plane that could have been used was in for maintenance can we make a claim ?? Thomas cook are stating extraordinary circumstances but am still unsure Thanks

  • Louise Meadows

    Hi Jakub, I was wondering if you could help? My mother was travelling to Budapest from stanstead a few weeks back when the lightning strike hit the fuel tanks at the airport. As a result her 6pm flight was cancelled along with some others- not all were cancelled however and airlines using stanstead including Ryanair had flights leave. Ryanair could not offer a flight for 4 days which was not a possibility for Mum as she was attending a medical appointment. Ryanair have refused to reimburse her reasonable request for a refund of the flights she had to book subsequently as their offer was too late and also not the same day or next day. I spoke with Ryanair on the day it happened quoting the eu regulation as they were unable to provide suitable provision would they refund and the person said submit everything and it should be ok. Ryanair have now said no compensation even thought the lightening was early in the day and other flights left. And no to the refund unless we had express permission? Can you give some info/advice it would be gratefully received!

  • Jennifer

    Hi Jakub,
    I’m hoping you can help. Our flight was cancelled from LAX to Copenhagen because the plane in Copenhagen never left CPH airport to come to LAX. We were told that the flight before (I’m assuming they are referring to flight that landed the plan in Copenhagen) was struck by lightening. There is no record of this lightening strike either nor was proof given. We filed a claim for compensation and it was denied and we were told; Reason for disruption: This cancellation was caused by an earlier disruption within our network that had a direct effect on this flight. The original flight was disrupted due to lightning strike. Shouldn’t the extraordinary circumstance apply to the flight in question? Should we pursue this further?

    Thanks!

  • Esmond Blaauw

    My flight got canceled due to an air traffic controller strike in Marseilles. (My flight was AMS-MRS)
    As described above this would fall under extraordinary circumstances. On the other hand there have been a few strikes by the airtraffic controllers in Marseilles since the beginning of 2018.

    Also it was announced 48 hours beforehand. There were no real alternative flights to book. I had to rent a car and made big expenses.

    What are my chances to get at least the EU261 250euro restitution?

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