UKThe airline claims 'extraordinary circumstances' to avoid paying. Is weather always extraordinary?
No, weather is not always 'extraordinary circumstances' — only severe, unexpected, and outside the airline’s control. Routine or forecastable weather (e.g., light snow, fog) usually does not qualify.
What the Law Says
The legal test for 'extraordinary circumstances' comes from EU Regulation 261/2004, which continues to apply in UK domestic law after Brexit via the EU (Withdrawal) Act 2018. Airlines may refuse compensation only if the disruption was caused by events outside their control and could not have been avoided even with all reasonable measures.
Not all bad weather counts. The Court of Justice of the European Union (CJEU) has clarified that 'extraordinary circumstances' must be truly exceptional — not just inconvenient or common for the season. For example, sudden, extreme storms or volcanic ash clouds may qualify, but routine winter weather (e.g., snow on runways where de-icing is standard) generally does not.
Airlines bear the burden of proof: they must show both that the weather event was extraordinary *and* that they took all reasonable measures to prevent the delay or cancellation.
This regulation applies to flights departing from a UK airport (regardless of airline nationality) or arriving in the UK on an EU/UK carrier.
Statutory Textdenying boarding, cancellation or long delay of flights… shall be compensated… unless the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
— Regulation (EC) No 261/2004, Art. 5(3) — Compensation for denied boarding and cancellation
What Courts Have Said
UK and EU courts have repeatedly ruled that airlines cannot rely on weather as a blanket excuse — context, foreseeability, and industry standards matter.
Heavy snowfall at Frankfurt airport was held *not* extraordinary because snow removal and de-icing are routine operational responsibilities; airlines must plan for predictable winter conditions.
Confirmed that delays of 3+ hours trigger compensation rights under Regulation 261/2004, and that 'extraordinary circumstances' must be interpreted strictly — not extended to normal operational challenges.
What to Do
Check if your flight qualifies: departure from UK or arrival in UK on UK/EU airline, delayed ≥3 hours or cancelled.
Ask the airline for written confirmation of why they claim 'extraordinary circumstances' — they must specify the weather event and evidence it was unforeseeable/unavoidable.
Gather evidence: check weather reports (e.g., Met Office archives) for that day/location — was it forecast? Was it within normal seasonal expectations?
If unsatisfied, complain to the UK Civil Aviation Authority (CAA) via their online form — they investigate free of charge.
You have up to 2 years from the flight date to make a claim in England and Wales (6 years in Scotland).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.