Your flight was delayed and your airline claimed that it was due to ‘extraordinary circumstances’? Very often this is a strategy used by airlines in order to circumvent compensation payments. It is used to justify flight delays and flight disruptions and to avoid having to pay compensation.
In spite of being entitled to a compensation payment, sometimes passengers’ claims are dismissed on the grounds of ‘extraordinary circumstances’. We offer to double-check your case with the help of our contract attorneys – at no cost to you!
In case of proven ‘extraordinary circumstances’ the airline is indeed not obligated to pay any compensation. Therefore, the following list presents the exact circumstances under which the airlines are exempt from any compensation payment.
What exactly are ‘extraordinary circumstances’?
According to the passenger regulation, extraordinary circumstances include external occurrences such as the following:
- Political instability
- Weather conditions
- Security risks
- Unexpected safety failures
- Air traffic controller strikes
- Pilot strikes
Explicitly excluded are technical difficulties, for which the airline is liable in any case. In case of a delayed flight due to extraordinary circumstances the airline always bears the onus of proof. This means that during a trial the airline bears the risk of losing the case if they cannot provide enough evidence.
In such a case it is the passenger’s word against the one of the airline: The passenger proves his or her delay or cancellation, thus forcing the airline to provide conclusive evidence that shows which of the extraordinary circumstances has occurred.
No extraordinary circumstances
There are no extraordinary circumstances if the delay is due to a defect, which occurs frequently during air traffic and operations.
Especially the frequently named unforeseen technical difficulties justify a compensation, since the airline is responsible to ensure the proper and adequate maintenance of its planes. It is evident that service providers should service their tools – in this case their flying machines – to ensure that they serve their purpose.
Passengers friend checks your entitlement to compensation in collaboration with our contract attorneys. It is a nonbinding offer that is free of charge and also applies to delayed flights due to extraordinary circumstances. We will contact the airline for you and support you – including your position in front of court through our contract attorneys if the airline refuses to pay your compensation.