The airline refused to pay you compensation. What next?

The airline’s refusal is not a final decision. It is merely the airline’s position and is subject to challenge. Where the airline refuses to pay compensation under Regulation (EC) No 261/2004 on the grounds of extraordinary circumstances, it must prove that the cancellation or delay was caused by such circumstances and that they could not have been avoided even if all reasonable measures had been taken. The burden of proof lies entirely with the carrier, not with the passenger. The mere statement in the refusal, even if formulated in detail and specifically, does not constitute evidence - the airline must provide evidence relating to the specific flight.

In brief:

• The airline’s refusal to pay compensation is merely its position, not a final decision, and the case may be pursued.
• Where an airline refuses compensation on the grounds of an extraordinary circumstance, it must prove both the existence of the circumstance and that it could not have avoided the delay or cancellation by taking all reasonable measures.
• Technical faults, a lack of crew and organisational problems do not, as a rule, constitute extraordinary circumstances and do not, in themselves, exempt the airline from its obligation to pay compensation.
• The European Commission recommends that the airline respond to the claim for compensation within two months.
• The time limit for bringing a claim for compensation is determined by national law - in Bulgaria, it is 3 years from the date of the flight.
• From 23 October 2027, the airline will be required, within 30 calendar days of receiving the claim, to pay the compensation or to justify its refusal (Regulation (EU) 2026/2202).

On what grounds do airlines refuse to pay compensation?

Airlines often drag out the process by requesting additional documents, providing delayed responses or issuing repeated refusals. This does not in itself mean that compensation is not due.

The refusals are justified using wording which often contains nothing verifiable:

• reasons beyond our control
• extraordinary circumstances
• operational considerations
• technical problem
• bad weather
• strike
• a problem with the crew
• delay from a previous flight
• an order from the authorities
• a problem with air traffic control
• bird strike
• medical incident
• a problem at the airport
• security considerations

Some of these reasons do not usually constitute extraordinary circumstances and, as a rule, you can claim compensation for them. The others may constitute extraordinary circumstances, but only if the airline can prove this for the specific flight.

Which reasons do not usually constitute extraordinary circumstances?

The following reasons given by airlines for refusing compensation do not usually constitute extraordinary circumstances:

• technical faults with the aircraft, including unexpected ones, where these are related to its normal operation;
• absence or shortage of crew;
• organisational and operational issues facing the airline;
• a strike by the airline’s own staff - this forms part of the carrier’s normal operations (judgments of the Court of Justice of the EU in Cases C-195/17 and C-28/20);
• commercial reasons - for example, cancellation due to a low number of tickets sold.

Technical faults, crew issues, organisational and commercial reasons, and strikes by the airline’s own staff are, as a rule, part of the airline’s normal operations and do not, in themselves, exempt it from paying compensation. However, the specific cause must always be investigated. In exceptional cases, a technical problem may constitute an extraordinary circumstance - for example, a hidden manufacturing defect, sabotage or damage caused by a foreign object on the runway.

A delay carried over from a previous flight on the same aircraft is a separate case. What matters is what caused the initial delay and whether it constituted an extraordinary circumstance. The airline may only invoke an extraordinary circumstance from a previous flight if it proves a direct causal link between that circumstance and the delay or cancellation of your flight (judgment of the Court of Justice of the EU in Case C-74/19). The accumulated delay from previous flights is not, in itself, grounds for refusal.

When is an airline’s refusal justified?

Citing an extraordinary circumstance does not mean that it actually exists. Often, the refusal cites a circumstance that did not specifically affect your flight or could have been avoided by taking reasonable measures.

Compensation is not payable where the airline proves that the cancellation or delay was directly caused by an extraordinary circumstance and that it took all reasonable measures to avoid it. Such circumstances may include:

• a strike by airport staff or by air traffic controllers;
• severe weather conditions which prevent the flight from being carried out safely;
• a collision between the aircraft and birds (bird strike);
• restrictions or decisions by air traffic control;
• security risks, acts of terrorism or political instability.

The refusal is also justified where:

• the flight has been cancelled and you have been notified at least 14 days before the scheduled departure;
• the flight was delayed, but you arrived at your final destination with a delay of less than 3 hours. The time of arrival is the moment when, after landing, at least one of the aircraft’s doors opens;
• you have voluntarily given up your seat on the flight in exchange for something agreed with the airline - for example, a voucher, a cash payment or a later flight;
• you have been denied boarding for valid reasons - for example, health, safety or security considerations, or invalid travel documents;
• you have missed your next flight, and the tickets were purchased with separate bookings.
• the flight has been cancelled and you were notified between 14 and 7 days before departure, and you were offered re-routing whereby you depart no more than 2 hours earlier and arrive less than 4 hours later than the original time;
• the flight has been cancelled and you have been notified less than 7 days before departure, and you have been offered re-routing whereby you depart no more than 1 hour earlier and arrive less than 2 hours later than the original time;

If the airline claims that you were notified of the cancellation in good time, it must prove whether and when you were notified.

How do you check an airline’s refusal?

Simply stating a reason in the refusal is not sufficient. Reviewing the refusal establishes:

• whether the circumstance referred to by the airline actually occurred;
• whether there were any restrictions at the airport in question or imposed by air traffic control;
• whether there is a genuine causal link between the circumstance in question and the specific delay or cancellation;
• whether the airline took all reasonable measures to avoid or minimise the problem.

From Aeroisk’s experience: passengers often contact us regarding a refusal in which the airline cites air traffic restrictions. Upon investigation, we find that whilst the restrictions were indeed in place, they did not affect their flight and there is another reason for the delay. Once we have refuted the airline’s position - either directly with the airline or in court - compensation is paid. A refusal that cites a genuine extraordinary circumstance unrelated to the specific flight is unfounded.

What should you do after an airline refuses your claim?

Keep all correspondence with the airline, as well as any messages you have received from the carrier regarding the flight in question. The letter of refusal is the key document in this case - it shows what the airline has claimed and what it has failed to prove.

Your own communication with the carrier does not deprive you of your rights. If you have already raised a dispute and received a refusal, the case can still be pursued.

Do not rush into accepting an offer in the form of a voucher, credit or an amount lower than what you are entitled to. And if you have accepted a lower amount because you were not properly informed of your rights, you can claim the difference, but recovering it is more complicated and takes longer.

Don’t delay - the time limit for making a claim continues to run even after the airline has refused.

How can Aeroisk help you if your claim has been rejected?

Please send us the details of your flight and the refusal, or submit your claim using the form on our website. The assessment is free of charge and comes with no obligation - we will let you know whether your case has merit and what can be done.

If we take on the case, all costs are borne by us, including legal costs. Our fee is 30 per cent, inclusive of VAT, of the amount paid by the airline and is payable only if the case is successful. You do not pay any additional fees for legal or other proceedings.

The process may take some time - airlines often delay their responses and request additional documents. Some cases are resolved within weeks, whilst others take months. For you, this makes no difference: once you have sent us the details of your case, you have no further obligations. We will take all the necessary steps.