Navigating Extraordinary Circumstances in Flight Claims

Extraordinary circumstances are one of the most contentious aspects of flight compensation law. Airlines often cite them to avoid paying compensation, but passengers can challenge unjustified exemptions.

What Are Extraordinary Circumstances?

Extraordinary circumstances are situations beyond the airline's control that could not have been avoided even if all reasonable measures had been taken. These include:

• Political instability and security risks
• Weather conditions incompatible with flight operations
• Air traffic management decisions
• Technical problems not related to poor maintenance
• Strikes affecting the airline's operations

When Circumstances Are NOT Extraordinary

Many situations airlines claim are extraordinary are actually their responsibility:

1. Technical issues due to poor maintenance - Airlines must maintain aircraft properly
2. Staff shortages due to mismanagement - Operational decisions within airline control
3. Aircraft cleaning issues - Routine operational matters
4. Overbooking decisions - Commercial choices made by the airline

How to Challenge Extraordinary Circumstance Claims

Steps to take when an airline cites extraordinary circumstances:

• Request detailed explanation of the circumstances
• Ask for supporting documentation
• Research whether similar flights were affected
• Check if the airline made reasonable efforts to prevent the disruption

Documentation to Support Your Case

Essential evidence for challenging extraordinary circumstance claims:

1. Airport authority statements about weather conditions
2. News reports about strikes or political events
3. Flight tracking data showing unaffected flights
4. Airline maintenance records (when available)

Legal Precedents

European courts have established important precedents:

• Technical problems are extraordinary only if properly documented
• Weather must be truly exceptional, not routine conditions
• Airlines must prove they took all reasonable preventive measures

When to Seek Legal Advice

Consider professional legal assistance when:

1. The compensation amount exceeds €400 per passenger
2. The airline provides insufficient documentation
3. You suspect the extraordinary circumstances claim is false
4. You have multiple passengers affected