Passenger rights in exceptional circumstances: When is there no compensation?

Air passenger rights protect passengers from unreasonable flight delays, cancellations and overbooking. The EU Passenger Rights Regulation 261/2004 regulates compensation claims. However, passengers are not entitled to compensation in all cases. Airlines are exempt from their obligation to pay, particularly in so-called ‘extraordinary circumstances’. In this article, we explain which situations are considered extraordinary circumstances and when you cannot expect compensation.

What are exceptional circumstances?

‘Extraordinary circumstances’ are situations that are beyond the control of the airline and are unforeseeable. These circumstances must be so serious that they prevent the smooth running of a flight.

Typical examples of exceptional circumstances are:

1. 1. Severe weather: severe storms, black ice, dense fog or volcanic ash can mean that a flight cannot be operated safely. In such cases, the airline is not responsible.
   2. Political unrest or terrorist threat: If the airspace is closed due to political instability or terrorist warnings, the airline is also exempt from the obligation to pay compensation.
   3. Strikes by external parties: Strikes that are not organised by the airline itself, but by third parties such as air traffic controllers or airport employees, are considered exceptional circumstances.
   4. Security risks: Technical problems due to security deficiencies or external threats can also be considered exceptional circumstances.

What rights do passengers have despite exceptional circumstances?

Even if you do not receive compensation in exceptional circumstances, you still have certain rights:

1. 1. Duty of care: In the event of a delay of more than two hours, the airline must provide meals and drinks and, if necessary, organise hotel accommodation and transport.
      
      
   2. Rebooking or refund: If your flight is cancelled or severely delayed, you have the right to be rebooked on the next available flight or to a refund of the ticket price if you decide not to continue your journey.
      
      
   3. Duty of care: Even if there is no entitlement to financial compensation, the airline must provide assistance to passengers, for example in finding alternative flights.
      
      

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When is compensation paid despite exceptional circumstances?

Not all circumstances declared as ‘extraordinary’ automatically exempt the airline from the obligation to pay compensation. Here are some examples of when you may still be entitled to compensation.

1. Technical problems: Only if a technical defect is due to external influences such as bird strike or sabotage is this considered an extraordinary circumstance. Normal maintenance problems do not release the airline from its obligation to pay compensation.
2. Strikes by airline employees: While external strikes are considered an extraordinary circumstance, a strike by the airline's own staff is not automatically a reason to refuse compensation. The EU has issued clear guidelines in this regard, stating that internal industrial action remains the responsibility of the airline.
3. Lack of prevention: Even in exceptional circumstances, the airline must take all reasonable measures to minimise the effects. If the airline cannot prove that it has done so, it can still be held liable.

The conclusion:

In exceptional circumstances such as severe weather, political crises or external strikes, airlines are often exempt from the obligation to provide compensation. However, even in these cases, passengers are still entitled to assistance and support. It is important to know the exact reason for the delay or cancellation in order to determine whether extraordinary circumstances really exist and whether the airline has taken all reasonable measures. If you are unsure whether you are entitled to compensation, it is worth consulting experts such as legal service providers who can enforce your rights.

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