Can You Claim EU261 Compensation for a Weather Delay?
Weather is one of the most commonly cited — and commonly abused — extraordinary circumstances defences. Genuine severe weather can defeat a compensation claim. But airlines routinely use "weather" as a catch-all excuse for delays that were actually operational in origin. Here's how to tell the difference.
Quick answer
Sometimes. Severe weather that genuinely closes an airport or makes flying unsafe can be an extraordinary circumstance — meaning no compensation. But routine seasonal weather, mild conditions, and vague weather claims are not extraordinary and are challengeable. Even when weather is genuine, you still have rights to a refund or re-routing.
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Weather Scenarios: Does Your Claim Survive?
Genuine airport closure due to severe weather is typically an extraordinary circumstance. No compensation, but you have refund/re-routing rights.
Standard weather conditions that airlines must plan for are NOT extraordinary. Rejections citing routine weather are challengeable.
Persistent dense fog closing an airport can qualify. Patchy fog with normal visibility reductions does not. Check actual METAR data.
Severe thunderstorms with lightning causing ground stops can qualify. But airlines often cite weather when the actual cause was operational.
Wind speeds genuinely exceeding aircraft operational limits are a valid extraordinary circumstance. But the airline must prove the specific limit was exceeded.
A volcanic eruption causing airspace closure is extraordinary. No compensation — but full refund rights apply.
If your aircraft was delayed by weather on a previous flight, the airline must show the disruption 'cascaded' to your specific flight and no spare aircraft was available.
How Airlines Misuse the Weather Defence
The weather defence is one of the most frequently abused rejection tactics. Common misuses include:
- Generic weather references — "weather conditions" without specifying what, where, or when
- Routine weather — citing ordinary seasonal weather (summer thunderstorms, winter fog) that airlines must anticipate and plan around
- Distant weather — claiming weather at a different airport (the previous flight's origin) caused the cascade when no evidence is provided
- Mixing causes — the actual cause was an operational issue, but weather is cited as a cover
None of these uses are legally valid. The extraordinary circumstances defence requires a specific, verified, genuinely severe weather event that directly and causally prevented the specific flight from operating.
How to Challenge a Weather Rejection
- Get the specifics — ask the airline exactly what weather event, at which airport, at what time
- Check flight tracking data — on FlightAware, search your flight number and date. Also search the same route on other airlines on the same day — were they operating normally?
- Check historical weather — aviation weather archives (weather.gov, Ogimet METAR) allow you to look up exact conditions at any airport on any date
- Request the NOTAM/METAR — ask the airline to provide the official aviation weather notice (NOTAM) or METAR they are relying on to justify the weather claim
- File with ADR — if the airline can't back up the weather claim, escalate to the ADR body with your evidence
Your Rights Regardless of Weather
Even if genuine extraordinary circumstances exist and flat-rate compensation is not available, you always retain:
- Right to re-routing — the airline must offer you an alternative flight to your destination at the earliest opportunity
- Right to refund — if you choose not to travel, a full refund of unused ticket costs must be provided within 7 days
- Right to care — meals, refreshments, and hotel accommodation if an overnight stay becomes necessary
Frequently Asked Questions
The airline says my flight was cancelled due to weather — how do I verify this?
Check the flight tracking data on FlightAware or FlightRadar24 for your flight, and look at other flights on the same route on the same day. If many other flights operated normally while yours was cancelled, the weather explanation is questionable. Also check historical weather data from weather.com or aviation METAR archives for the departure airport on that date.
Other flights operated normally on the same day — can I still claim?
Yes. This is strong evidence against the weather defence. If competing airlines were operating the same route without cancellation, the weather was clearly not severe enough to prevent flights altogether. You should document this with screenshots of other flights and present it in your claim or ADR submission.
The airline says the delay was caused by weather at a different airport — does that count?
Upstream weather cascades are often cited but are contested. Airlines are expected to plan for weather disruptions and have contingency measures (spare aircraft, alternate routing). If the weather disruption was foreseeable (e.g., a forecast snowstorm), the airline cannot claim it as unforeseeable extraordinary circumstances.
Do I get anything if the weather delay was genuine?
Yes. Even if genuine extraordinary circumstances exist and you are not entitled to flat-rate compensation, you retain: (1) the right to re-routing or a full refund under Article 8; and (2) care rights under Article 9 — meals, refreshments, and hotel if an overnight stay is required. These rights cannot be removed by extraordinary circumstances.
How do I challenge a weather rejection?
Request specific details: what was the exact weather event, at which airport, at what time? Ask for the official NOTAM (Notice to Airmen) or METAR report the airline is relying on. Check FlightAware to see whether other flights on the same route at the same time were cancelled or delayed. If the weather was mild or routine, write back citing this evidence and disputing the extraordinary circumstances claim.
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