The airline said no
A bird strike, runway debris or a disruptive passenger
The airline may be right about the event. The courts class these as extraordinary. But it still has to prove what it did to limit the delay.
The airline may be right
Only the delay the event itself caused is taken off. Extra delay from the airline's own choices still counts towards the 3 hours. If the event is real and the airline acted fast, this may not be worth pursuing.
What the courts and the law say
- Pešková v Travel Service (C-315/15, 4 May 2017). A bird strike is an extraordinary circumstance, but extra safety checks by the airline's own expert, after an authorised expert already did them, are not. Only the delay caused by the bird strike itself is taken off the total when counting the 3 hours. Read it
- Germanwings v Pauels (C-501/17, 4 April 2019). A tyre damaged by debris on the runway is an extraordinary circumstance, but the airline must prove it used all its staff, equipment and money to stop the tyre change causing a long delay. Read it
- LE v Transportes Aéreos Portugueses (C-74/19, 11 June 2020). A disruptive passenger who forces a diversion is an extraordinary circumstance, unless the airline contributed to it or failed to take appropriate measures in view of the warning signs. Read it
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
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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.
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