The APF has evaluated the exceptional circumstances in the flight sector that can be proven in its procedures. Weather events and strikes top the list.

In the APF's arbitration procedures in air traffic, airlines often cite “extraordinary circumstances” (a.U.) in order to be exempt from the mandatory payment of compensation payments. The Passenger and Passenger Rights Agency has compiled a ranking of the most frequently proven “extraordinary circumstances” in the 2023 flight arbitration proceedings.

The EU Air Passenger Rights Regulation and EU case law list, among other things, events such as extreme weather conditions, political instability, security risks, external strikes and bird strikes as exceptional, says Maria-Theresia Röhsler, head of the APF. It is also crucial that the airline takes all reasonable measures to prevent delays or cancellations and their consequences.

Bad weather and strikes are the most common exceptional circumstances

A current analysis of more than 420 cases relating to the exceptional circumstances in 2023 shows that in the APF procedures, adverse weather conditions and strikes by airport staff were most often comprehensibly presented by airlines as reasons for refusing compensation.

This data shows that weather conditions account for a significant proportion of exceptional circumstances. In 38 percent of cases in which evidence of an a.U. Weather events are responsible. This includes extreme weather events, strong winds, poor visibility, sandstorms, snowstorms, icy runways, etc.

In 2023, strikes are also a significant factor in exceptional circumstances. More than a quarter of the a.U.s in the APF's completed proceedings can be traced back to strikes. The question of who exactly stops work is relevant to the payment of compensation as a result of strikes. For example, if it is the staff of an airline, a compensation payment must still be made. However, if airport staff, such as air traffic controllers, security staff, etc., go on strike, it can be assumed that airlines will not have to make any compensation payments. Specifically, these cases are decided on a case-by-case basis based on evidence from the airline.

Exceptional circumstances proven – what are passengers entitled to?

The airline must prove that there is actually an exceptional circumstance, that the cancellation or delay is due to this and that all reasonable measures have been taken to keep the effects as low as possible. Proof of this must be presented to the APF during the arbitration procedure.

If the airline can prove an exceptional circumstance, the obligation to pay compensation does not apply. However, those affected are entitled to support and care services, including reimbursement of ticket costs or alternative transport to the destination, meals and hotel accommodation. The APF recommends that those affected not make any expenses independently before contacting the airline and that they keep the receipts in their original form.