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Extraordinary circumstances
Airlines don't have to pay compensation if the delay or cancellation was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Airlines often use this argument; it does not always hold.
Usually extraordinary
- Severe weather making flying unsafe
- Air traffic control restrictions or ATC strikes
- Political instability, security risks
- Bird strikes
- Strikes by airport staff not employed by the airline
Usually NOT extraordinary
- Most technical faults (Wallentin-Hermann, ECJ 2008; Huzar v Jet2, Court of Appeal 2014)
- Strikes by the airline's own staff (Krüsemann v TUIfly, ECJ 2018; Airhelp v SAS, ECJ 2021)
- Staff shortages, crew sickness, knock-on delays from the airline's own operation
Even with extraordinary circumstances, the airline still owes you care and a refund or re-routing. Ask the airline in writing for the specific reason.
Claiming yourself (free)
Write to the airline with your booking reference, flight number, date and what happened, and ask for the fixed compensation under UK261 or EU261. If they refuse or don't reply within 8 weeks, escalate: UK airlines usually belong to an ADR scheme (e.g. AviationADR or CEDR); otherwise the UK CAA can help. For flights departing Spain (including the Canaries) you can complain to AESA, and in Ireland to the Aviation Regulator.
Using a claims company
If you don't want the hassle, a company like AirHelp handles it on a no-win, no-fee basis. You get less money (they keep a fee), but they deal with the airline and, if needed, the courts.
Last reviewed 20 October 2026. General information, not legal advice.