What is (and isn’t) an extraordinary circumstance under EU rules?
EC Regulation 261/2004 says airlines don’t have to pay financial compensation (€250–€600) if the delay was caused by “extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.”
Weather is the category most often invoked. But weather isn’t weather isn’t weather.
Genuine extraordinary circumstance (no compensation):
- Runway closed because of fog, strong gusts or snow
- Extreme meteorological events that materially reduce flight safety
Operational problems (compensation payable):
- Airspace congestion that wouldn’t have happened without the airline’s own earlier delay
- Delay caused by de-icing — a standard, predictable winter procedure
Weather at departure isn’t always the answer
Passengers often argue: “It’s lovely here, why aren’t we flying?” The airline has three possible defences:
- Weather at the destination: it’s sunny in London, but fog at the destination makes landing impossible. The aircraft can’t take off.
- Weather “en route”: heavy thunderstorms over Germany that can’t be flown around. The aircraft has to wait.
- Knock-on rotation effect: your aircraft flew from Rome this morning, where a storm caused a delay, and arrived in London late. This is the most contested defence — the airline is required to plan with enough buffer.
We win knock-on cases for passengers regularly, even after the initial rejection.
Winter season: de-icing and snow
De-icing the aircraft before take-off is a standard safety procedure. Airlines will tell you it kills your compensation. The opposite is true.
It’s the carrier’s responsibility to plan flights with enough buffer. In winter, the need to de-ice is entirely predictable — it isn’t an extraordinary circumstance. Refundio wins these disputes regularly.
The right to care applies even in genuinely bad weather
Financial compensation and the right to care are two different things. Even when the airline doesn’t owe compensation because of weather, it still has to look after you.
If you have to wait for a replacement flight overnight, the airline must provide or reimburse:
- Hotel accommodation
- Food and drink during the wait
- Transport between airport and hotel
This applies always, no exceptions — even in the worst weather.
If you’re stuck for several nights, you’re entitled to reimbursement for all of them.
How Refundio wins rejected weather claims
It’s hard for a passenger to tell whether the airline is giving the real reason. Refundio routinely checks:
- Meteorological reports from departure and arrival airports
- Flight data from other aircraft in the same air corridor
- Data from the aircraft’s previous rotations
Real case: clients of ours had a London flight cancelled for “fog”. The airline rejected the claim. After reviewing meteorological reports, we found visibility dropped below limits for just 30 minutes. Other flights were assigned departure slots in sequence. Our clients were left waiting 10 hours — because the crew would have exceeded permitted duty time. That isn’t an extraordinary circumstance. Result: dispute won, compensation paid.