The airline said no
Bad weather
Real weather can be a good defence, but the airline still has to prove it and show what it did about it.
Could go either way
Check whether other flights left that day on the same route. If they did, say so in your reply. If the airport was shut for snow all day, the airline is probably right.
What the courts and the law say
- Regulation 261/2004, recital 14. Weather incompatible with operating the flight concerned may be an extraordinary circumstance, but only if it could not have been avoided even if all reasonable measures had been taken. Read it
- Eglītis and Ratnieks (C-294/10, 12 May 2011). An airline must plan for the risk of delay and allow some reserve time, so it can still operate the whole flight once the extraordinary circumstances end. There is no fixed minimum, and it need not make intolerable sacrifices. Read it
- LE v Transportes Aéreos Portugueses (C-74/19, 11 June 2020). Putting you on the airline's own flight the next day is not a reasonable measure if another flight, on any airline, would have got you there sooner, unless that would have been an intolerable sacrifice for the airline. Read it
- UK261, Article 2(o). Since 14 December 2023 UK261 defines extraordinary circumstances. The event must by its nature or origin not be inherent in the airline's normal activity, must be beyond its actual control, and the airline must have taken all reasonable measures but still been unable to avoid it. An air traffic management decision counts if it could not have been avoided even if all reasonable measures had been taken. The airline has to prove this (Articles 5(3) and 6(4)). Read it
Only for UK261 claims: UK261, Article 2(o).
Claiming under UK261? EU rulings from before 2021 still count. UK courts decide what UK261 means in line with them (European Union (Withdrawal) Act 2018, section 6), and only the Supreme Court and certain appeal courts can depart from them. The government says its 2023 amendment restates certain of those principles. For a flight before 14 December 2023, an earlier version of the text applies.
We read each ruling in the official text on 3 and 4 November 2026. The EU has adopted new EU261 rules that apply from 23 October 2027 (Regulation (EU) 2026/2202). Until then the current rules apply. We have not yet confirmed how the new rules treat earlier flights, and we will update this site before that date. Not legal advice.
Your reply
Fill this in and copy the reply into an email or the airline's form. None of it leaves your device.
If it still says no
For EU261, complain to the national enforcement body of the country where it happened, use an Alternative Dispute Resolution body, or use the European Small Claims procedure. For UK261, use the airline's Alternative Dispute Resolution scheme, or the UK CAA if it has none.
Want a person to look at your case? In England and Wales, try Citizens Advice, whose flight delay page lists a consumer helpline. If you live in the EU, Norway or Iceland, your European Consumer Centre gives free advice on your rights when you travel in another country there.
Rather not argue?
AirHelp and Compensair both say they can take a claim the airline has already refused. No win, no fee, but they keep a share when they win, so check the fee first.
We may earn a commission if you use these links. Claiming yourself is free and you keep 100%.