"Extraordinary Circumstances": The Airline's Favorite Excuse, Rebutted
Roughly the first thing an airline writes back to a compensation claim is some variant of "due to extraordinary circumstances beyond our control." It's their default shield — and most of the time, it doesn't hold up. Here's what the law actually says.
What CAN count as extraordinary
- Severe weather genuinely preventing safe operation (not just "bad weather somewhere").
- Air traffic control strikes or restrictions.
- Security risks, political instability.
- Hidden manufacturing defects (rare).
What does NOT count (but airlines claim anyway)
- Technical faults. The Wallentin-Hermann ruling (CJEU): routine technical problems are part of running an airline, not extraordinary. This kills the most common excuse.
- Airline staff strikes. The Krüsemann / van der Lans line of rulings: strikes by the airline's own employees are an inherent business risk, not extraordinary.
- "Operational reasons." Meaningless without specifics. Not a legal category.
- Knock-on delays from earlier flights. If the root cause wasn't extraordinary, the knock-on isn't either.
- Crew running out of hours because of an earlier non-extraordinary delay.
How to rebut it
Your reply letter needs one thing: specifics. Write back:
- Ask them to state precisely what the extraordinary circumstance was — date, time, nature.
- Ask what "all reasonable measures" they took to avoid it (the regulation requires both extraordinary circumstances and that the airline took all reasonable measures — they usually can't show the second part).
- Cite Wallentin-Hermann (C-549/07) if they blamed a technical fault.
- Set a 14-day deadline, then escalate to the National Enforcement Body.
The honest part: sometimes the excuse is legitimate — a volcanic ash cloud really is extraordinary. But "extraordinary" is a high bar the airline must prove, not a magic phrase. Make them prove it. Most can't, which is why second letters get paid.
Our $29 Claim Kit includes a rebuttal letter template for exactly this situation — pre-written with the case citations, ready to customize with your flight details. Check your eligibility free first →