Claiming Compensation for bad weather
Claiming compensation due to bad weather
Adverse weather conditions constitute extraordinary circumstances under the EU Regulation EC261 meaning that airlines are not liable to settle compensation. But at which point are weather conditions deemed as adverse?
If the weather conditions mean that it is unsafe to fly, Air Traffic Control will impose restrictions on the airspace. Most commonly, they will reduce the amount of aircrafts that are able to depart/land within an airport. If an airline is given instructions by Air Traffic Control to delay or cancel a flight then this can constitute an extraordinary circumstance.
However, if your flight is disrupted during winter to a destination in which has a continuous level of snow, then this is not an extraordinary circumstance. The weather must be ‘freak’ or ‘wholly exceptional’ for an airline to use it as a defence. The snow in this instance is inherent to the destination and the operation of this flight should have been considered by the airline before offering their services.
Bad weather must also affect the ‘flight in question’ in order for airlines to use it as a defence. If your flight was delayed because of the knock-on effects of a previous sector of your flight being delayed due to bad weather, your flight could still be claimable. For example, you have booked a flight from Manchester to Alicante but the flight was delayed in Palma Mallorca (your previous sector) due to adverse weather. As the weather conditions did not affect the flight in question, you could still be eligible for compensation.
Help is at hand with Flight Patrol
At Flight Patrol, we are aware of the airlines delay tactics and most common defences.
Our database has weather readings for each hour at most airports worldwide therefore, we are able defend your claim upto and during litigation to ensure that the best possible outcome is truthful and fair.