In the event of flight cancellation or delay caused by extraordinary circumstances, such as severe weather conditions or pandemics, the airline is not liable as the disruption is beyond their control. However, they are expected to promptly inform you about the situation and provide alternative solutions or recommendations.
Unfortunately, you aren’t entitled to UK flight compensation for disruptions resulting from extraordinary circumstances. Nevertheless, you may be eligible for a refund or an alternative flight in case of cancellation, as well as care and assistance from the airline.
1. Extraordinary Circumstances and UK Flight Compensation: Basics
When it comes to flight delay compensation or flight cancellation compensation, airlines worldwide use a term “extraordinary circumstances” to inform passengers that they are not entitled to any form of compensation. They claim that the delay or cancellation was not their fault.
However, it is important to note that airlines do not always speak the truth.
1.1 What Does Extraordinary Circumstances Mean in This Context?
Extraordinary circumstances means it’s something out of the airline’s control.
Unfortunately, the term “extraordinary circumstances” is sometimes used to exaggerate the situation and mislead passengers into believing that they are not eligible for compensation in these cases. For example, technical problems with the airplane mostly aren’t considered extraordinary circumstances, but oftentimes they are called as such.
One of the contributing factors to this issue is the lack of specificity in EU & UK Flight Compensation Regulations 261. While designed to protect air passenger rights, these regulation does not clearly define what exactly are “extraordinary circumstances”. This creates room for interpretation and uncertainty in determining eligible cases for compensation.
This is the explanation they give:
As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.
Source: EU Regulation 261/04. Extraordinary circumstances.
Consequently, there exists room for interpretation, and in such circumstances, airlines strive to exploit it to their advantage.
1.2 List of Extraordinary Circumstances
Unfortunately, there is no definitive list of extraordinary circumstances that can cause flight delays and cancellations. When faced with a disruption and the subsequent impact it has on your travel plans, it can be frustrating not to have a comprehensive list that serves as proof of your entitlements in a particular situation.
Some of the most common reasons for flight cancellations or delays, for which EU & UK flight compensation may not be available, include:
- Extreme weather conditions;
- Natural disasters;
- Security risks;
- Strikes unrelated to the airline;
- Pandemics;
- Political instability;
- Air traffic control decisions;
- Hidden manufacturing defects.
However, it’s important to note that the list provided does not include all possible reasons.
2. Are UK Airline Staff Strikes Considered Extraordinary Circumstances?
In the UK, airline staff strikes aren’t considered extraordinary circumstances.
The same applies to EU airline staff strikes. Because, they aren’t outside the airline’s control. You see, there are different types of staff strikes. And while some are out of the airline’s control, and can be classified as extraordinary circumstances, the airline has control over its employees.
That’s why, if it’s your employees on the strike, this is your fault.
Just like technical faults and staffing shortages aren’t extraordinary circumstances. All of these events are within the airline’s control. If your flight is delayed or cancelled due to any of these events, you might be entitled to flight delay or flight cancellation compensation.
What if it’s a strike unrelated to the airline?
Then it’s considered an extraordinary circumstance.
If you’re unsure about the information you receive, don’t hesitate to seek assistance.
3. Airplane Technical Problems Are Not Extraordinary Circumstances
Yes – airplane technical problems are not extraordinary circumstances.
Only hidden manufacturing defects can be considered as extraordinary circumstances. Because only these kind of technical problems are truly out of the airline’s control, and are something they can’t be held responsible with. At the same time, many airlines still use that as an excuse to not pay the flight compensation when it’s due (for delay or cancellation).
4. UK Airline Refund For Cancellation: Extraordinary Circumstances
Are you entitled to a refund if your flight is cancelled due to extraordinary circumstances?
Yes. If your UK flight is cancelled due to extraordinary circumstances, you are entitled to a refund. Regardless of the reason for the cancellation, you have two options to choose from:
- A full refund;
- A new flight to your destination.
Yes, even if your flight is cancelled due to extraordinary circumstances.
5. Right to Care: Extraordinary Circumstances
If your flight is delayed or cancelled last-minute, and you are stuck at the airport, you have a right to care. The same applies to flights that are delayed or cancelled due to extraordinary circumstances.
According to the Regulation UK261, you can get:
- free meals and drinks in a reasonable relation to the waiting time,
- free hotel accommodation if a stay of one or more nights is necessary,
- two free phone calls, e-mails or faxes.
Conditions: waiting time at the airport is at least 3 hours.
It doesn’t matter if it’s your airline’s fault or not. If you have to wait at the airport 3 or more hours, you have a right to care. It’s your airline’s responsibility to take care of you.
Do you have more questions about flight delays or cancellations due to extraordinary circumstances? Ask in the comments.
Featured photo by GEORGE DESIPRIS from Pexels