When an airline can refuse compensation

An airline doesn’t have to pay when the cause was an extraordinary circumstance it couldn’t have avoided even with all reasonable measures, and it has to prove it. The CAA says technical faults generally don’t count.

What the CAA says counts

The reason they gaveExcuses compensation?
Weather unsafe to fly inCan excuse it
Air traffic control restrictions or strikesCan excuse it
Strikes outside the airline (border staff, airport)Can excuse it
Security risks, terrorism, sabotage, political unrestCan excuse it
A hidden manufacturing defect (a fleet grounded by recall)Can excuse it
A technical faultGenerally not
The airline’s own crew shortage or staff strikeNot

What to ask for if they refuse

Ask the airline to name the cause and show why it couldn’t have been avoided. Our claim letter asks for this in its own words. If it still says no, give it eight weeks or its final answer, then take it to its dispute scheme or the CAA.

Questions

Is a technical fault an extraordinary circumstance?

Generally not: the CAA says technical problems are not an extraordinary circumstance. Hidden manufacturing defects, such as a manufacturer recall grounding a fleet, and damage from sabotage or terrorism can be.

Does a strike count?

Strikes outside the airline, such as by air traffic control or border staff, can count. The airline’s own staff strikes are the airline’s problem.

Who has to prove it?

The airline. UK261 excuses it only if it can prove the cancellation came from extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.

Where these facts come from