Rights in "extraordinary circumstances": What passengers should know

Flight delays and cancellations can not only be annoying for travelers, but also costly. However, according to the EU Passenger Rights Regulation, those affected are entitled to compensation in such cases. Unless the airline can invoke "extraordinary circumstances". In this case, the obligation to pay compensation does not apply. What exactly constitutes these circumstances, how passengers can ensure that their rights are safeguarded and how often they appear in the arbitration procedure of the apf is discussed in the following blog post

What constitutes an "exceptional circumstance"?

The EU Passenger Rights Regulation defines "extraordinary circumstances" as events such as political instability, adverse weather conditions, security risks, unexpected flight safety deficiencies and strikes that affect flight operations. The decisive factor is that the airline takes all reasonable measures to prevent delays or cancellations.

Which events actually qualify as an "exceptional circumstance"?

Although some events are mentioned in the regulation, the European Court of Justice (ECJ) cites further cases of application in its current case law. Bird strikes, damage to an aircraft tire caused by foreign objects or aggressive passengers have already been recognized as "extraordinary circumstances". The decisive factor here is that the airline takes all reasonable measures to minimize the consequences.

A recent analysis of extraordinary circumstances in 2023 shows that weather conditions are the most common reason given by airlines for refusing to pay compensation. Here are the percentages of the various causes according to the latest data from the apf for the year 2023. The analysis is based on more than 420 cases in which airlines invoked extraordinary circumstances in the apf's arbitration procedure :

This data shows that weather conditions account for a significant proportion of exceptional circumstances. In 38 percent of the cases in which an "a.U." is claimed, weather events are responsible. These include extreme weather events, strong winds, poor visibility, sandstorms, snowstorms, icy runways, etc.

In 2023, strikes are also a significant factor in exceptional circumstances. More than a quarter of the claimed "extraordinary circumstances" are due to strikes. Relevant for the payment of compensation as a result of strikes is the question of who exactly is stopping work. If, for example, it is the airline staff, compensation must still be paid. If, on the other hand, airport staff such as air traffic controllers, ground handling, security staff, etc. are on strike, it can be assumed that airlines do not have to pay compensation. However, these cases will be decided on a case-by-case basis based on evidence provided by the airline.

In seven percent of cases each, "bird strike" and ATC weather were responsible for the alleged extraordinary circumstances. Bird strike" refers to damage to aircraft or engines as a result of collisions with birds. The damage caused by such collisions can be considerable and represent a safety risk for transportation. The exceptional circumstance "ATC weather" includes weather-related detour, take-off and landing bans issued by the air control tower, i.e. the air traffic control of the respective airport. Airlines must follow the instructions of the respective tower for reasons of flight safety. Proof of such an exceptional circumstance is usually provided by logs of the communication between the aircraft and the air control tower.

This is followed by medical emergencies (three percent), staff shortages at the airport or among the flight crew (two percent), general instructions from the "tower" (two percent), fires at airports (two percent) and political instability, such as the war in Ukraine (two percent).

However, eight percent of the claimed extraordinary circumstances are due to "other". This includes scenarios such as damage to the aircraft, radar or IT failures, protests, rioting passengers, etc.

This underlines the variety of challenges that airlines and travelers face, which can lead to delays or cancellations.

Reasonableness and burden of proof for airlines

It is crucial for affected passengers to be aware that the cause of flight problems can vary. However, regardless of the cause, it is important to check that the airline has taken all reasonable measures to minimize the impact on passengers.

In the event of disagreements and if a compensation payment is justified, the best option for enforcing your rights is to go to the arbitration board of Agency for Passenger Rights (apf).

How do affected passengers find out whether it is an "extraordinary circumstance"?

The airline must prove that there is indeed an extraordinary circumstance, that the cancellation or delay is due to it and that all reasonable measures have been taken. It is not sufficient for the airline to merely claim that an extraordinary circumstance exists. Proof must be submitted to the apf in the course of the conciliation procedure.

If the airline can prove an extraordinary circumstance, the obligation to pay compensation does not apply. Nevertheless, those affected are entitled to assistance and care services, including reimbursement of ticket costs, re-routing to the destination, meals and hotel accommodation. The apf recommends that affected passengers do not incur any expenses on their own until they have contacted the airline and keep the original receipts.

The EU Passenger Rights Regulation provides clear guidelines to ensure that passengers are adequately compensated in exceptional circumstances - apf helps with this free of charge and commission.