Airlines have turned denying compensation claims into an art form. With billions of euros owed to European passengers annually under EU Regulation 261/2004, carriers have developed sophisticated strategies to avoid payouts. Understanding these tactics—and knowing how to counter them—could be the difference between walking away empty-handed and claiming the €250-€600 you’re legally entitled to.
Every year, passengers lose out on millions in rightful compensation simply because they don’t recognize airline excuses for what they are: deliberate attempts to avoid legal obligations. Here are the five most common tactics airlines use, and exactly how to fight back.
Excuse #1: “This Was Due to Extraordinary Circumstances”
The Tactic: Airlines love this catch-all phrase because it sounds official and legally intimidating. They’ll claim everything from minor technical issues to crew shortages falls under “extraordinary circumstances”—a term that, under EU261, exempts them from paying compensation.
The Reality: EU law defines extraordinary circumstances very specifically. These are events that are:
- Inherently unpredictable
- Outside the airline’s control
- Unavoidable even with all reasonable measures
What Actually Qualifies as Extraordinary Circumstances:
Weather Events:
- Severe storms, hurricanes, or typhoons
- Heavy snow or ice storms that ground aircraft
- Dense fog preventing safe landings
- Volcanic ash clouds (like the 2010 Eyjafjallajökull eruption)
Security and Political Issues:
- Terrorist threats or attacks
- Political unrest or civil war
- Security alerts requiring airport evacuation
- Government-imposed flight restrictions
Third-Party Strikes:
- Air traffic control strikes
- Airport ground staff strikes
- Border control or customs strikes
- Baggage handling company strikes (not employed by airline)
Acts of Nature:
- Bird strikes causing significant aircraft damage
- Lightning strikes requiring extensive inspection
- Earthquakes or natural disasters affecting airports
What Does NOT Qualify (Despite What Airlines Claim):
Technical Problems:
Airlines often claim technical issues are extraordinary, but EU courts have consistently ruled otherwise. Unless it’s a hidden manufacturing defect discovered after delivery, routine maintenance issues are the airline’s responsibility.
Crew Issues:
- Crew sickness or shortage
- Crew scheduling errors
- Crew reaching maximum flying hours
- Pilot or cabin crew strikes (these are airline employee strikes)
Operational Problems:
- Late incoming aircraft
- Ground handling delays
- Fuel shortages (except in war zones)
- Airport slot restrictions
How to Fight Back:
When an airline claims extraordinary circumstances, demand specific evidence:
- Ask for documentation of the weather conditions from meteorological services
- Request proof of third-party strikes from relevant authorities
- Challenge technical problem claims with requests for maintenance records
- Reference specific EU court cases that favor passengers in similar situations
Template Response:
“Under EU Regulation 261/2004, I dispute your claim of extraordinary circumstances. Please provide specific documentation proving this event was both unforeseeable and outside your operational control. Technical problems and crew shortages do not qualify as extraordinary circumstances under established EU case law.”
Excuse #2: “It Was Just a Technical Problem”
The Tactic: Airlines present technical problems as unavoidable acts of fate, hoping passengers will accept that mechanical issues are simply “one of those things” that happen in aviation.
The Reality: The European Court of Justice has ruled repeatedly that routine technical problems are NOT extraordinary circumstances. Airlines are responsible for maintaining their aircraft in airworthy condition—that’s part of their basic service obligation.
When Technical Problems DO Qualify for Compensation:
The “Hidden Defect” Exception:
Only manufacturing defects that were impossible to detect during normal maintenance qualify as extraordinary circumstances. This applies to:
- Design flaws discovered after aircraft delivery
- Manufacturing errors that escape quality control
- Component failures caused by hidden material defects
The burden of proof is on the airline to demonstrate that a technical problem was truly unforeseeable and undetectable.
When Technical Problems Don’t Excuse Compensation (Most Cases):
- Engine problems requiring maintenance
- Hydraulic system failures
- Landing gear malfunctions
- Computer system glitches
- Air conditioning failures
- Navigation equipment issues
How to Fight Back:
Challenge technical problem excuses by:
- Demanding specifics: Ask what exactly failed and why it couldn’t have been prevented
- Questioning maintenance: Request proof that proper maintenance schedules were followed
- Citing case law: Reference the EU Court of Justice ruling in Case C-549/07 (Friederike Wallentin-Hermann)
- Requesting evidence: Ask for technical reports proving the defect was hidden and undetectable
Excuse #3: “We Had a Crew Shortage Due to Sickness”
The Tactic: Airlines suggest that crew sickness is a medical emergency outside their control, therefore qualifying as extraordinary circumstances.
The Reality: Crew management is a fundamental airline responsibility. EU261 explicitly states that airlines must have adequate systems in place to handle normal operational challenges, including staff availability.
Why Crew Issues Rarely Qualify as Extraordinary:
Predictable Events:
- Seasonal flu outbreaks
- Normal sickness rates among large workforces
- Crew reaching maximum flying hours (regulated by law)
- Staff scheduling conflicts
Airline Responsibility:
Airlines are expected to maintain:
- Reserve crew pools for contingencies
- Proper crew scheduling systems
- Backup plans for foreseeable absences
The Limited Exception:
Only truly exceptional mass crew unavailability might qualify—such as:
- Multiple crew members hospitalized in a serious accident
- Crew quarantined due to infectious disease outbreak
- Mass crew walkout due to safety concerns
How to Fight Back:
- Point out that crew management is a core airline function
- Ask how many crew members were affected and why no reserves were available
- Question whether the airline maintained adequate staffing levels
- Reference that normal sickness rates are predictable and manageable
Excuse #4: “The Delay Was Caused by a Late Incoming Aircraft”
The Tactic: Airlines blame your delay on a previous flight’s problems, creating a chain reaction that supposedly absolves them of responsibility.
The Reality: This is perhaps the weakest excuse in the airline playbook. EU261 doesn’t recognize “knock-on effects” as extraordinary circumstances unless the original cause was truly extraordinary.
Why This Excuse Usually Fails:
Scheduling Responsibility:
- Airlines create their own flight schedules
- They’re responsible for maintaining published timetables
- Buffer time should be built in for normal operational variations
Chain of Causation:
If the original delay wasn’t due to extraordinary circumstances, then neither is yours. Airlines can’t escape liability by creating a chain of delays from routine operational problems.
When It Might Be Valid:
Only if the original delay was caused by genuine extraordinary circumstances:
- Severe weather at the aircraft’s previous destination
- ATC strikes affecting the incoming flight
- Security incidents at other airports
How to Fight Back:
- Demand to know the original cause of the incoming aircraft’s delay
- Ask for specific evidence that this cause was extraordinary
- Point out that schedule management is the airline’s responsibility
- Question why no backup aircraft was available
Excuse #5: “There Was a Strike”
The Tactic: Airlines often lump all strikes together, hoping passengers won’t distinguish between different types. They’ll claim any strike—whether by their own employees or third parties—exempts them from compensation.
The Reality: The type of strike matters enormously under EU261. Airlines are responsible for their own employee actions but not for independent third-party strikes.
Strikes That Require Compensation (Airline Pays):
Airline Employee Strikes:
- Pilots employed by the airline
- Cabin crew on airline payroll
- Airline maintenance staff
- Airline ground crew and check-in staff
Why Airlines Pay: These employees are under the airline’s direct control. Labor disputes are considered part of normal business operations that airlines should manage through negotiation and contingency planning.
Strikes That May Excuse Compensation:
Third-Party Strikes:
- Air traffic control strikes
- Airport security strikes
- Government border control strikes
- Independent ground handling company strikes
- Fuel supply company strikes
Gray Areas Requiring Careful Analysis:
Contracted Service Strikes:
- Ground handling companies contracted to airlines
- Catering companies serving multiple airlines
- Baggage handling services
The key question: Does the airline have direct control over the striking workers?
How to Fight Back:
- Identify the strikers: Get specific information about who was striking
- Check employment relationships: Determine if strikers were airline employees
- Demand documentation: Ask for proof of the strike and its cause
- Question alternatives: Ask what contingency plans the airline had in place
Fighting Back: Your Action Plan
Step 1: Document Everything
- Save all communications with the airline
- Screenshot delay notifications and explanations
- Photograph airport information boards
- Keep receipts for expenses incurred
Step 2: Challenge Excuses Systematically
Use this template when responding to airline denials:
“I am disputing your denial of compensation under EU Regulation 261/2004. Specifically:
- Please provide documentary evidence that [stated reason] qualifies as extraordinary circumstances under Article 5(3) of EU261
- Please explain what reasonable measures you took to avoid this disruption
- Please provide relevant court precedents supporting your position
Under established EU case law, [technical problems/crew shortages/routine operational issues] do not qualify as extraordinary circumstances.”
Step 3: Escalate Strategically
- Contact your national aviation authority
- File complaints with consumer protection agencies
- Consider professional claim services with legal expertise
Step 4: Know Your Deadlines
Compensation claims have time limits varying by country:
- UK: 6 years from flight date
- Germany: 3 years from end of year when flight occurred
- France: 5 years from flight date
- Spain: 5 years from flight date
- Italy: 2 years from flight date
The Bottom Line: Airlines Count on Your Ignorance
Airlines deploy these excuses because they work—not because they’re legally valid. Most passengers accept airline explanations at face value rather than challenging them with evidence and legal precedent.
Every excuse has a counter-argument. Every denial can be challenged. Every claim you don’t make is money left on the table.
Airlines have teams of lawyers working to minimize payouts. You deserve the same level of expertise fighting for your rights. Whether you handle claims yourself or work with professionals, the key is recognizing these tactics for what they are: attempts to avoid legal obligations, not legitimate reasons to deny compensation.
Don’t let airline excuses cost you hundreds of euros in rightful compensation. Fight back with facts, demand evidence, and claim what EU law guarantees you.
Tired of airline excuses? Euflightclaims.com offers free links to compensation pages. Click now to secure your compensation under EU261!
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