Airlines’ favorite loophole: “Extraordinary Circumstances”

"We're sorry, but your delay was caused by extraordinary circumstances beyond our control."

That's the message Elena (a fictional traveler, but a very typical case) got after her flight from Amsterdam to Lisbon landed 4 hours late. The airline said it was bad weather. But the sky over Amsterdam was clear, and other flights were leaving on time.

So was it really extraordinary? Extraordinary circumstances are events outside an airline's control, like a dangerous storm or an air traffic control strike, that it couldn't have avoided even by taking every reasonable step. When they apply, the airline doesn't have to pay compensation. But the airline has to prove it, and the rule is much narrower than many refusals suggest. That's why it's often called the airlines' favorite loophole.

What are extraordinary circumstances under EU 261?

An airline can refuse compensation for a long delay, a cancellation, or a missed connection only if the disruption was caused by extraordinary circumstances. That's the rule under EC 261, the EU's air passenger rights law. In plain words, 2 things must be true:

• The cause was outside the airline's normal business and control. Think of a volcanic ash cloud, not a broken coffee machine.

• The airline couldn't have avoided the disruption, even if it had taken all reasonable measures, like using a spare aircraft or crew.

Crucially, the airline has to prove both points, not you. A short line in an email saying "circumstances beyond our control" isn't proof on its own.

Is it really a loophole?

Not exactly. Some events truly are beyond an airline's control. No airline can stop a snowstorm or prevent political unrest at a destination. The problem is that the phrase sounds broad, so it's sometimes used for disruptions that don't qualify. Courts have narrowed it down a lot over the years, which is good news for passengers.

List of extraordinary circumstances for flight delays and cancellations

There's no complete official list in force yet, but years of court rulings give a clear picture of what usually counts and what doesn't:

You can see both sides in 2026's disruption. When ash from Mount Etna closed Catania airport for 3 days in September, that was a textbook extraordinary circumstance. So was the strike by Italian air traffic control staff at the end of the month, because no airline controls it. But a strike by an airline's own crew is a different story, as passengers caught up in the easyJet cabin crew strike in Portugal are finding out.

That's because in 2021, the EU's top court ruled in a case brought by AirHelp that a strike by an airline's own staff isn't extraordinary, and you can read more in our post on why an airline strike isn't an extraordinary circumstance. For strikes by air traffic controllers or airport staff, our guide to strike compensation explains your options.

Some excuses are stranger than you'd think, and we've collected a few in our post on bizarre reasons for flight delays.

Is crew sickness an extraordinary circumstance?

No, not under today's rules. In 2023, the EU's top court looked at a TAP Portugal flight that was canceled after the co-pilot died unexpectedly shortly before departure. It ruled that even the sudden illness or death of a crew member isn't extraordinary, because covering for absent staff is part of an airline's normal crew planning.

So if your flight was delayed or canceled because "a crew member called in sick," you may still be owed compensation. One thing to watch: the reformed EU rules could treat some sudden crew illness differently once they apply. Until then, the 2023 ruling stands.

Is bad weather an extraordinary circumstance?

Sometimes, but not automatically. Weather is the excuse airlines use most, and it's also the one most worth questioning. What matters isn't how bad the weather looked, but whether it actually made your flight unsafe and whether the airline could have kept it running.

• Severe, unsafe weather usually counts. A thunderstorm that closes a runway is a classic example.

• Predictable weather often doesn't. Winter snow in northern Europe is expected, so airlines are expected to prepare for it, for example with enough de-icing fluid.

• Other flights are a big clue. If other airlines took off in the same conditions, your claim gets stronger.

• Weather somewhere else needs proof. If the airline blames a storm on your plane's earlier flight, it must show that storm caused your delay and that it tried to limit the knock-on effect.

For the full detail, including what to note down at the airport, see our guide to flight delayed due to weather compensation.

A real example: Elena's "weather" delay

Back to Elena. When she checked, the storm the airline mentioned had hit the day before, at a different airport. Her plane was late because the airline hadn't found another aircraft or crew after the storm, not because of the weather on her travel day.

That's a knock-on delay the airline could have limited. Amsterdam to Lisbon is about 1,850 km, so Elena could claim €400. The lesson: "bad weather" is where the conversation starts, not where it ends.

What to do if the airline says it was extraordinary circumstances

1. Ask for the exact reason in writing. "Operational reasons" or "circumstances beyond our control" isn't enough. Ask what happened and where.

2. Check what other flights did. Note whether other departures on the same route or at the same airport left on time.

3. Claim your right to care. Ask for meal vouchers, and a hotel if you're stuck overnight. Keep every receipt for anything you pay yourself.

4. Don't give up your rights by accident. Be careful about accepting vouchers or signing anything that says you won't claim compensation.

5. Get your flight checked. A refusal isn't the final word, and it's free to find out where you stand.

How to claim compensation

You can claim directly with the airline through its website. If it refuses or doesn't reply, you can escalate to the national enforcement body in the country where the disruption happened.

Or let AirHelp do it. We check the real reason behind your disruption using flight and weather data, handle the airline for you, and only get paid if you do. We can check flights from the last 3 years. If your flight was late, our guide to what you can claim for a flight delayed 3 hours or more walks you through it. We also cover flight delay compensation, flight cancellation compensation, and overbooking compensation.

Want to catch the next one as it happens? To track your flight and get an alert when a disruption could mean you're owed money, try the free AirHelp app.

What's changing in 2027?

In June 2026, EU lawmakers agreed a reform of EC 261 after 13 years of talks, and the European Parliament and the Council both approved it in July. Among other changes, it writes a list of extraordinary circumstances into the law for the first time. The list mostly follows the court rulings above, and it isn't exhaustive, so edge cases will still be decided case by case.

The new rules are expected to apply from 2027. Until then, today's rules decide your claim, and you can read the details in our explainer on what the EC 261 reform means for you.

Frequently asked questions about extraordinary circumstances

Are air traffic control strikes extraordinary circumstances?

Usually, yes. Air traffic controllers don't work for the airline, so their strikes are outside its control and normally rule out compensation. The airline still has to look after you while you wait and do what it reasonably can to get you to your destination.

When can an airline refuse compensation?

An airline can refuse compensation when it proves the disruption came from extraordinary circumstances it couldn't have avoided with all reasonable measures. It can also refuse if your delay was under 3 hours, or a cancellation was announced at least 14 days ahead.

Who has to prove extraordinary circumstances?

The airline does. You don't need to prove what caused the disruption. If the airline can't show both the extraordinary event and that it took all reasonable measures, it may owe you compensation.

Do I get food and a hotel during extraordinary circumstances?

Yes. Your right to care still applies. That means meals and drinks while you wait, and a hotel plus transport to it if you're stuck overnight, even when no compensation is due.