When your flight is cancelled or delayed, the first question most passengers ask is: “Can I claim flight compensation?”
Under EU261 regulations, airlines must compensate passengers for long delays, cancellations, or denied boarding — but only if the airline is responsible for the disruption.
That’s why it’s essential to understand the difference between situations within the airline’s control (such as technical problems) and those considered extraordinary circumstances beyond their responsibility.
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What Are Extraordinary Circumstances For Flight Delays and Cancellations?
Extraordinary circumstances refer to situations that are beyond the airline’s control, even when they lead to significant delays or cancellations.
Common examples include:
- Severe weather conditions (fog, snowstorms, lightning)
- Natural disasters
- Air traffic control restrictions or strikes
- Bird strikes
- Runway closures
- Political unrest or civil disturbances
- Security threats
- Pandemics
- Acts of terrorism or sabotage
In these cases, airlines aren’t obligated to pay flight compensation, since the disruption wasn’t their fault.
However, passengers are still entitled to care and assistance — including meals, accommodation, and rebooking — if their flight is affected by an extraordinary circumstance.
Flight Compensation: Bad Weather
Can you claim flight compensation for bad weather?
No. Passengers are not entitled to bad weather flight compensation, as bad weather is an extraordinary circumstance – an event outside the airline’s responsibility.
However, if your flight was cancelled due to strong winds, snow, or other severe weather, you are still entitled to care and assistance — such as meals, accommodation, and rebooking — or a refund if you choose not to travel. The same applies to flight delays.
While you can claim compensation for technical issues, you can’t claim bad-weather flight compensation.
Right to Care in Extraordinary Circumstances
Even when a flight disruption is caused by extraordinary circumstances — such as bad weather, air traffic control strikes, or security risks — passengers still have rights to care under EU261 and UK261.
While airlines are not required to pay compensation in these cases, they must provide assistance during the disruption. This includes meals and refreshments appropriate to the waiting time, hotel accommodation if an overnight stay is necessary, transport between the airport and hotel, and access to communication, such as phone calls or emails. These rights ensure that passengers are not left stranded, even when the cause of the delay or cancellation is beyond the airline’s control.
When a disruption occurs due to the airline’s fault — such as technical problems, crew shortages, or scheduling errors — passengers are entitled to both compensation and care under EU261.
What Qualifies as a Technical Problem?
A technical problem refers to a fault or issue within the airline’s control, such as:
- Routine mechanical or maintenance issues
- Normal wear and tear of aircraft components
- Delays caused by crew shortages following a technical repair
- System or equipment failures due to inadequate maintenance
These types of problems are considered part of an airline’s day-to-day operations and do not exempt the airline from paying compensation.
Example: If your Austrian flight is cancelled because a mechanical issue is discovered during a pre-flight inspection, you’re entitled to flight cancellation compensation. The airline must also offer you a refund or an alternative flight.
Read more: Flight Cancellation Refund vs Flight Compensation
Airlines Often Misclassify Technical Problems
Airlines often argue that technical problems qualify as “extraordinary circumstances” to avoid or deny compensation claims — but in reality, that’s not true in most cases.
Under EU261, a technical issue is considered extraordinary only if it stems from a hidden manufacturing defect or another event genuinely beyond the airline’s control. In reality, most technical faults — including routine maintenance issues, mechanical wear, or equipment failures — are part of an airline’s normal operations and do not excuse them from paying compensation.
Unfortunately, many passengers accept the airline’s explanation at face value and end up missing out on the compensation they are legally owed.
If your claim is denied, you can escalate the case to the National Enforcement Body (NEB) or seek help from a flight compensation company. Our trusted partners specialize in handling these cases and can assist you in pursuing the compensation you’re entitled to.
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Crew-Related Issues: When the Airline Is Responsible
Crew-related issues are generally considered the airline’s responsibility under EU261 regulation.
This includes situations such as crew shortages, scheduling errors, flight crew arriving late from a previous duty, or exceeding legal working hours due to poor planning. These problems fall within the airline’s control and are seen as part of its normal operations. Therefore, if your flight is delayed or cancelled because of crew-related issues, you are entitled to flight compensation, as well as care and assistance while you wait.
Crew Strikes at Airports
If it’s an Austrian Airlines staff strike, then it’s the airline’s responsibility.
You might be entitled to strike compensation.
However, if the strike involves airport staff, air traffic control, or security personnel, it falls under extraordinary circumstances. In those cases, the airline is not required to pay compensation, as the situation is beyond its control.
Technical Problem or Extraordinary Circumstance? Why the Difference Matters?
The cause of your flight disruption determines whether you’re entitled to compensation or only a refund.
Airlines sometimes try to classify technical problems as “extraordinary circumstances” to avoid paying compensation — but courts have consistently ruled that most technical faults are not extraordinary.
If your flight was delayed or cancelled, always request the official reason in writing. If the cause was within the airline’s control, you can submit a compensation claim under EU261 or UK261 regulations.
| Category | Description | Compensation Eligibility |
|---|---|---|
| Technical problems | Issues within the airline’s control, often part of normal operations. | ✅ Compensation due under EU261/UK261. These are not considered extraordinary circumstances. |
| Staff-related problems | Situations caused by the airline’s own employees, such as crew shortages, scheduling errors, or staff strikes. | ✅ Compensation due, as these issues are within the airline’s control. |
| Extraordinary circumstances | Events beyond the airline’s control, even if they cause long delays or cancellations. | ❌ No compensation, as these are outside the airline’s responsibility. However, passengers are entitled to care, rebooking, or a refund. |
Under EU261, flight delay extraordinary circumstances include events like bad weather, air traffic control restrictions, or security risks that prevent airlines from operating safely. Technical problems are not extraordinary circumstances.
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