EU261 And Extraordinary Circumstances
When making a flight compensation claim under EU261, an airline may argue that the delay or cancellation was caused by an extraordinary circumstance and was therefore outside its control.
However, an airline’s interpretation of what constitutes an extraordinary circumstance may differ from the legal definition under EU Regulation 261.
Since the regulation came into force, the meaning of an extraordinary circumstance has been considered in numerous court cases across the UK and Europe. These cases have helped clarify when airlines can rely on this defence and when they remain liable to pay compensation.
Several landmark judgments, including the Supreme Court’s ruling in Huzar v Jet2.com, a case brought on behalf of a Bott and Co client, have played an important role in shaping how extraordinary circumstances are interpreted today.
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Over £86m Claimed
We've claimed more compensation from the airlines than any other UK firm.
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A History Of Success
Industry leading success rates and described by Martin Lewis as “pioneers” in our field.
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We are a law firm, not a claims management company. Your claim is in safe hands.
What Is The Legal Definition Of An Extraordinary Circumstance In EU Reg261?
In EU Regulation 261/2004, extraordinary circumstances are defined as events in which the flight delay or cancellation was caused by something unexpected and not easily anticipated by the airline.
EU261 describes an extraordinary circumstance as an event “which could not have been avoided even if all reasonable measures had been taken”. If an airline can show that a delay or cancellation was caused by such an event, it may not be required to pay compensation under EU261.
However, simply describing a disruption as an extraordinary circumstance is not enough. The airline must be able to demonstrate that the event genuinely fell outside its control and that it took all reasonable steps to avoid or minimise the disruption.
EU261 describes an extraordinary circumstance as an event “which could not have been avoided even if all reasonable measures had been taken”. If an airline can show that a delay or cancellation was caused by such an event, it may not be required to pay compensation under EU261.
While the definition in EU261 may be considered somewhat vague, over two decades of court cases has helped clarify and define what is classed as an extraordinary circumstance and what isn’t.
If you’re unsure whether the reason given by the airline qualifies as an extraordinary circumstance, use our free flight compensation calculator. Simply enter your flight details and, in less than a minute, we’ll let you know whether you may be entitled to compensation and how much you could claim.
Examples Of Extraordinary Circumstances Under EU261
As the law currently stands, the list below are examples of what are currently considered extraordinary circumstances.
If your flight has been delayed or cancelled and the reason the airline has given is one of the following, it is unlikely you will be able to claim for compensation.
However, there are many situations where a flight delay or cancellation is considered to be within the airline’s control.
If your flight was disrupted for one of the reasons below, the airline may still be required to pay compensation under EU261, provided the other eligibility criteria are met.
Examples Of Events That Are Not Considered Extraordinary Circumstances Under EU261
The current list of events that are generally not considered extraordinary circumstances, and when you would be entitled to claim for compensation, includes:
Recent Successful Flight Compensation Claims
Bott and Co help couple receive £350 each in compensation after arriving on holiday to Corfu late.
We secured compensation for family of 3 who missed a day of their holiday due to flight cancellation.
Family receive £350 compensation each after Jet2 flight to Manchester from Antalya was delayed for 22.5 hours.
Family instruct Bott and Co after missing connecting flight to London due to BA departure delay at JFK Airport.
We helped family of 4 flying from Lithuania to London receive £350 each for flight cancellation.
Family of 4 returning from their holiday in Turkey arrive home 2 days late following flight cancellation.
Passengers receive £350 each after their flight to Tunisia was cancelled and rescheduled for 24 hours later.
Family going to Miami with American Airlines were rerouted to New York AND Dallas before arriving in California.
Family of 4's delay at Birmingham Airport led to missed connection in Dubai and new flight given 3 days later.
Bott and Co has been at the forefront of flight compensation law since 2013, winning multiple landmark cases at the Supreme Court that enabled millions of UK airline passengers to claim compensation for their flight delays and cancellations.
Citing “extraordinary circumstances” is the only valid defence an airline has against paying compensation for flight delays and cancellations, and the majority of the court battles we’ve encountered test the definition of an what an extraordinary circumstance is.
We’ve helped over 749,000 passengers claim compensation from the airline, many of whom were initially turned down incorrectly by the airline, stating that the delay or cancellation was caused by an extraordinary circumstance. Add your flight details to our instant flight compensation calculator and we will be able to tell you if you flight is eligible for compensation.
Meet Our Solicitors
Coby Benson
A member of The Law Society and a SRA Registered Solicitor, Coby has been instrumental in establishing flight delay compensation law in the UK, including playing a significant part in the landmark cases of Huzar v Jet2 and Dawson v Thomson at The Supreme Court.
Coby is regularly asked for comment in the national media, regularly featuring in The Daily Telegraph, The Times, The Guardian and The Independent as well as appearing on BBC Television, Sky News, ITV and BBC Radio 4 and Radio Five Live.
