Flight compensation refused as 'extraordinary circumstances'? What it means
Under UK261, if your flight arrives three or more hours late, or is cancelled at short notice, you may be owed fixed-rate compensation, provided the disruption was within the airline's control. Airlines can avoid paying only where the cause was a genuine 'extraordinary circumstance', and a routine technical fault or a knock-on delay from the same aircraft running late is generally not extraordinary. The burden of proof sits with the airline: it must show the carve-out applies, not simply assert it.
Written by the team behind Agent Fitz, our refunds specialist. This guide is general information about UK law, reviewed for accuracy.When compensation is owed, and how much
Under UK261 (the retained version of EU261/2004), if your flight arrives at its destination three or more hours late, or is cancelled at short notice, you may be owed fixed-rate compensation, provided the disruption was within the airline's control. The rules cover flights departing a UK airport on any airline, and flights arriving in the UK on a UK or EU carrier.
The amounts are set by distance, not by ticket price: under 1,500 km, £220; 1,500-3,500 km, £350; over 3,500 km, £520 (reduced to £260 if the delay on arrival is between 3 and 4 hours).
What 'extraordinary circumstances' actually means
Airlines can avoid paying only where the cause was an 'extraordinary circumstance': something outside their control that couldn't have been avoided even with all reasonable measures. Genuine examples include severe weather, air traffic control restrictions, strikes by third parties, and security or safety risks. What is generally not extraordinary is a routine technical or mechanical fault, or a knock-on delay caused by the same aircraft running late earlier in the day. Courts have repeatedly treated ordinary technical problems as part of running an airline. The burden of proof sits with the airline: it must show the carve-out applies, not simply assert it.
How to push back
If your claim is rejected, ask the airline in writing for the specific reason and its evidence. If you're not satisfied, escalation is free. Many airlines belong to an approved ADR (alternative dispute resolution) scheme, and the airline must tell you which. If your airline isn't in an ADR scheme, you can take the complaint to the Civil Aviation Authority's Passenger Advice and Complaints Team. Claims can generally be pursued for flights going back up to six years.
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When am I owed flight delay compensation?
Under UK261, if your flight arrives at its destination three or more hours late, or is cancelled at short notice, you may be owed fixed-rate compensation, provided the disruption was within the airline's control. It covers flights departing a UK airport on any airline, and flights arriving in the UK on a UK or EU carrier.
How much compensation could I get?
The amounts are set by distance, not ticket price: under 1,500 km, £220; 1,500-3,500 km, £350; over 3,500 km, £520 (reduced to £260 if the delay on arrival is between 3 and 4 hours).
Is a technical fault an 'extraordinary circumstance'?
Generally not. A routine technical or mechanical fault, or a knock-on delay caused by the same aircraft running late earlier in the day, is generally not extraordinary. Courts have repeatedly treated ordinary technical problems as part of running an airline.
Who has to prove the circumstances were extraordinary?
The airline. The burden of proof sits with it: it must show the carve-out applies, not simply assert it. If your claim is rejected, ask the airline in writing for the specific reason and its evidence.
What can I do if the airline still refuses?
Escalation is free. Many airlines belong to an approved ADR scheme and must tell you which; if yours isn't, you can take the complaint to the Civil Aviation Authority's Passenger Advice and Complaints Team. Claims can generally be pursued for flights going back up to six years.