The Realities Behind Extraordinary Circumstances

What are Extraordinary Circumstances?

When understanding your rights, the first step is understanding what “extraordinary circumstances” are, as defined by EU Regulation 261/2004.

Extraordinary circumstances refer to situations outside an airline’s control, so they don’t have to compensate affected passengers.

Four criteria must be met for a flight problem to qualify as an extraordinary circumstance.

1. Unforeseeable: Was the cause of disruption outside of anyone’s control?
2. External: Did the issue occur outside the airline’s sphere of influence?
3. Unavoidable: Did all necessary precautions to prevent the disruption occur properly?
4. Unexpected: Was the cause due to something unpredictable?

Extraordinary circumstances can range from air traffic control delays and safety-related reasons like bird strikes or bad weather conditions to political unrest or natural disasters all scenarios where it would be unreasonable to hold an airline liable.

It’s also important to note that airline staff or technical difficulties do not count as extraordinary circumstances and do not exempt airlines from providing compensation.

Which Situations Qualify as Extraordinary Circumstances?

So, now you know what EU Reg. 261/2004 applies to, but which situations qualify as extraordinary circumstances?

Under the regulation, airlines are not responsible for paying compensation when:

• Weather events such as volcanic ash clouds prevent flight.
• Air traffic control restrictions make operating a flight impossible.
• Political decisions by a government prevent the airline from operating its flight (e.g., a rapidly changing political situation that requires the airlines to switch airports or cancel flights)
• Security risks for passengers, if the risk of further harm is severe enough that traveling is unsafe
• Unforeseen technical problems that arise suddenly and can’t be avoided by the maintenance
• Strike actions taken by cabin crew, airport personnel, or air traffic controllers—provided that it was unforeseeable or outside the airline’s control.

In these situations, an airline would not be obliged to pay any compensation for delayed or canceled flights. Knowing your rights ahead of time can help you adequately prepare and avoid miscommunication between you and your airline.

How Much Compensation for a Delayed Flight?

Flight delay compensation amounts vary between 250 Euros to 600 Euros. It depends on the route distance and the length of the delay.

Here’s the table below to understand “how much compensation you may get for a delayed flight”

* When EU borders are not crossed, the amount may get reduced by 50%, i.e., you can get up to 300€ for a distance of over 3500 km.

Definition of Extraordinary Circumstances

These are extraordinary events that are:

• Beyond the control of the carrier
• Could not have been avoided even if the carrier had taken all reasonable measures
• In particular, weather conditions are incompatible with the operation of the flight concerned.

The Impact of a Worldwide Pandemic on Air Travel

We’re all familiar with the disruption to travel caused by the Coronavirus disease 2019 (COVID-19) pandemic. But how does COVID-19 affect passenger compensation claims
under EC 261?

The European Union has published guidelines determining if extraordinary circumstances apply to claims under EU law.

The fact that aviation has been greatly impacted by the pandemic and the wide-reaching travel restrictions placed by governments worldwide means that airlines can claim their situation is extraordinary.

That means airlines are not liable for compensation for lengthy delays, cancellations, and denied boarding due to the impact of the pandemic on air travel and safety—even if they were responsible in some way.

This exemption applies to any flights that have seen disruption since February 2020 and continue until the end of 2021.

The reality is that flight cancellations and delays caused by the pandemic are exempt from compensation.

That’s why it’s important to stay informed about regulation changes, so you can understand your rights when traveling by air during a global health crisis.

The Considerations for Refunding Affected Passengers under EU Law

When an airline cannot provide the expected service due to extraordinary circumstances beyond its control, they are usually not liable when refunding affected passengers.

While it might sound unfair, the good news is that certain EU law allows for some leniency in these cases.

In particular, EU law EC 261 provides a framework for airlines to understand what does and does not constitute extraordinary circumstances.

The considerations for refunding affected passengers under this law can be divided into three groups:

1. Unavoidable situations

These are unavoidable if they cannot be avoided or reasonably predicted. Examples could include:

• Security risks.
• Air traffic control issues.
• Bad weather conditions make flights unsafe or significantly disrupt schedules.

2. Unforeseeable circumstances

Unforeseeable circumstances are unpredictable like medical emergencies or technical problems with the airplane that couldn’t have been fixed in time. These might include strikes by external staff, which create flight cancellations and delays beyond the airline’s control.

3. Unusual circumstances

The last group of considerations is more complicated- these scenarios don’t fall into the above categories but still warrant exemptions from compensating passengers.

Examples could include unexpected high levels of disruption caused by significant events such as natural disasters or civil unrest in foreign countries.

Travelers should be provided with alternative compensation forms, such as those listed above, without relying on full denial of receipt of compensation under EU law.

Alternatives to Denying Flight Compensation under EU 261 Regulation

Under EU Regulation 261/2004, have you been denied flight compensation due to extraordinary circumstances? Airlines often use the phrase “extraordinary circumstances” to deny passenger reimbursement.

But that doesn’t have to be the case.

What falls under Extraordinary Circumstances?

The EU Regulation 261/2004 outlines what constitutes “extraordinary circumstances.” These are exceptional events or situations beyond an airline’s control, such as serious labor disruptions (i.e., strikes), air traffic control limitations, and extraordinary weather conditions.

You cannot claim damages if the delay or cancellation of your flight is due to some of these extraordinary events.

Alternatives Options to Compensation That Fall under EU Law

Rather than denying reimbursement, an airline may offer alternatives to passengers affected by extraordinary circumstances.

Such benefits could include flight vouchers and discounts on future flights with the same airline, free accommodation or meals provided at an airport during delays or cancellations, and fast-track access through security and passport control when available at airports.

Furthermore, airlines should always help passengers contact their families or reach their final destination with alternative transportation options (where applicable).

By providing travelers with alternatives, such as these forms of compensation listed above, airlines can help lessen the burden of canceled flights due to extraordinary events more consistently and economically for everyone without relying on full denial of receipt of compensation under EU law.

Conclusion

In summary, EU Regulation 261/2004 provides a comprehensive framework for clarifying the circumstances in which airlines should and can be exempt from compensating passengers due to extraordinary circumstances.

These circumstances are beyond the airline’s control, as outlined in the regulation and elaborated on in this article. However, the regulation may still apply to other delays and cancellations, and the airline must provide compensation.

Ultimately, passengers need to know their rights to ensure they receive the compensation they may be entitled to.

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