Some situations make safe flight operations simply impossible, such as heavy snowfall and hurricane-force squalls. In the interest of their own safety, passengers grudgingly accept the annoyance that delays or cancellations cause: lost vacation days, missed appointments or even business failure. According to the EU Air Passenger Rights Regulation, airlines do not have to pay any compensation in these so-called extraordinary circumstances. Nonetheless, they have some obligations towards their customers in these cases as well.
Supply services according to the EU Air Passenger Rights Regulation
Whatever the reason for a flight being canceled or delayed, EU law requires airlines to take care of passengers waiting at the airport. Anyone stuck at the airport has the right to free care in the form of snacks, drinks and communication options, for example to inform relatives or the hotel about the delay by telephone. This applies to short-haul routes with a delay of two or more hours, medium-haul routes with a delay of three or more hours, and long-haul connections with a delay of four hours or more.
In the event of a delay of five hours or more, passengers also have the right to withdraw from the journey and have the ticket price refunded or request alternative transport to the destination. If the flight is postponed to the next day, the airline must organize hotel accommodation including a return trip to the airport and bear the costs.
What exactly is “bad weather”?
The Air Passenger Rights Regulation does not define exactly which weather conditions constitute exceptional circumstances and which do not. It is therefore often difficult for passengers to assess whether they are entitled to compensation. However, some cases are clear:
storm
Masses of snow, hurricane-force storms, freezing rain or dense fog repeatedly mean that no aircraft can take off or land. Such extreme weather conditions, which according to climate researchers will occur even more frequently in the future as a result of global warming, relieve the airlines of their obligation to pay compensation.
thunderstorm front
According to a 2013 ruling by the Darmstadt Regional Court, there is no compensation if the flight is delayed or canceled because the plane had to make an emergency landing on the way to the departure point due to a thunderstorm front.
ash cloud
There were particularly severe disruptions in 2010, when, following the eruption of the Icelandic volcano Eyjafjallajökull, a huge cloud of ash caused European air traffic to be severely impaired above ground. Volcanic eruptions are natural disasters that also affect aviation safety, as the resulting cloud of ash obscures pilots’ vision and affects altitude and speed sensors. In addition, deposits form in the engines due to ash particles, which in the worst case can lead to their failure. Therefore, ash clouds after volcanic eruptions are among the exceptional circumstances in which there is no compensation.
No license for excuses
As sensible as the regulation of the exceptional circumstances may be, it is annoying for passengers when the airlines use supposedly bad weather as an excuse. If other flights take off and only their own is cancelled, travelers should definitely check whether they are entitled to compensation. Because not every effect of bad weather constitutes an extraordinary circumstance. If, for example, the temperatures drop below zero and there is no de-icing agent for the wings, this is not automatically an exceptional circumstance. The cause can also be poor planning on the part of the airline. In this case, the airline may be obliged to compensate affected passengers. This can also apply, for example, if a flight is canceled because the crew’s duty time was exceeded due to weather-related delays.
bad weather is So no carte blanche that airlines can use to ward off any claim for compensation. When it comes to the legal enforcement of claims, the airlines have the burden of proof and not the passenger. This means that the airlines must convincingly explain and prove that extraordinary circumstances made the planned flight process impossible.
This is how you secure your claims
1. Check in on time
Only those who fulfill their obligations as a passenger and show up punctually at check-in or at the gate can subsequently assert a possible claim for compensation.
2. Observe air traffic
If other flights are scheduled to take off, this could be a sign that your flight could have taken off despite the weather problems.
3. Document
Have the reason for the cancellation or delay confirmed in writing by the airline.
4. Check entitlement
Online compensation calculators quickly provide information on what you are entitled to. In return for a commission on success, the providers then take over the entire legal dispute with the airline for the customer.
5. Register claims – also retrospectively
You can claim compensation up to three years after the end of the year in which the problem flight took place.
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