Am I entitled to compensation for flight disruptions due to force majeure?
Has your flight been delayed or cancelled by more than 3 hours? If this wasn't reported at least 14 days before departure, then you are often entitled to compensation. But this does not apply if the airline cannot do anything about the situation. That is called force majeure. In case of force majeure, you are not entitled to compensation. Learn more about situations the airline has no control over.
Examples of force majeure
Examples of force majeure
The airline must do everything in its power to avoid a delay or cancellation. But that is not always possible with:
Sometimes the weather conditions are so bad that the plane cannot take off or takes longer than expected to reach its destination. For instance, it can become too dangerous to fly during heavy storms, strong wind gusts, or thunderstorms. Additionally, it can be unsafe to fly through regions impacted by natural disasters, like forest fires.
Rights in the event of force majeure due to weather conditions
If your aircraft is unable to take off or is delayed due to weather conditions, you are not entitled to compensation. Weather conditions are usually considered as something that the airline cannot do anything about.
💡Sometimes, the airline does have to compensate in case of a delay due to weather conditions. For example, if your flight was not affected by the storm at all, but another situation caused the delay.
#flight-disruptions-due-to-bad-weather-and-natural-disasters
Sometimes, the airport where your flight departs or arrives is closed. An airport can close for various reasons. For example, for security reasons requiring the airspace to remain free for military action. Or if the weather conditions there are so bad, that it would be too dangerous for planes to land or take off there. Technical failures at the airport can also cause unsafe situations or delays. In the event of a power outage or a cyberattack, for example, the systems may not function well enough to regulate air traffic or process baggage properly.
No right to compensation from airline in case of problems at the airport
The airline cannot do anything about problems at the airport. Therefore, the airline does not have to pay you any compensation.
#fligh-disruption-due-to-airport-closure
Sometimes, a flight cannot depart because the staff is on strike. The airline's own staff or employees at the airport could decide to stop working. There is a difference between an announced and a so-called wildcat strike.
- Announced strike: no force majeure
The airline may have been notified of a strike in advance. This is also called an 'announced strike'. In this case, the airline must do everything it can to prevent cancellations and delays. This is not considered force majeure, because the airline can prepare for the strike. Wildcat strike: usually force majeure
A strike can also occur unexpectedly. That means that airline did not know anything about this in advance. This is also called a 'wildcat strike'. If the airline could not do anything to prevent the strike, then it's considered force majeure. Therefore, you are not entitled to compensation.
A wildcat strike could be caused by the airline. For example, because it has just announced a reorganisation, even though it's aware that the employees disagree with it. The airline could then have foreseen a possible strike and taken appropriate measures. In an exceptional situation like this one, you are entitled to compensation.
- Strike by airport employees: usually force majeure
Sometimes, flight delays and cancellations occur because the airport's employees are on strike. The airline only has influence on its own staff and does not have any influence over the airport's employees. Therefore, you are not entitled to compensation in this case.
#flight-disruptions-caused-by-strikes
The airline could say that a technical problem caused the flight delay or cancellation. For example, issues with the engine may have arisen, making it unsafe to fly (further). A technical issue might also prevent the plane from taking off. Whether you are entitled to compensation depends on the sort of technical issue it concerns.
Technical defects are usually not considered as force majeure
If the flight delay or cancellation is due to a technical defect, it is usually not considered force majeure. This is evident from a ruling by the Court of Justice. In most cases, a technical problem is seen as something that can arise during the airline's normal operations. As a passenger, you are therefore entitled to compensation.- Flight disruption due to a hidden technical defect is force majeure
However, if there's a technical issue just before or during the flight that could not have been discovered earlier, it's a hidden defect. In this case, you are not eligible for compensation because force majeure applies.
#technical-issue-with-aircraft
Is a passenger on your flight being difficult or even aggressive? Then this can lead to dangerous situations. In some cases, this requires the pilot to make an emergency landing. Whether you are entitled to compensation depends on the situation.
Your rights in case of force majeure due to inappropriate behaviour of another passenger
Sometimes the airline could have prevented the involved passenger from causing problems. For example, the passenger may have already been misbehaving before boarding. If they were allowed to board despite clear signs of misconduct, the airline may still be obliged to pay compensation. But if the airline could not have prevented the situation that arose, you are not entitled to compensation.
#aggressive-passenger-on-flight
A flight delay may also occur due to a bird strike. A bird strike is a collision between a bird and an aircraft. The bird may have flown into the engine of the aircraft during take-off, for example. As a result, the pilot usually must return to the airport. It is then no longer safe to continue flying. Unfortunately, the airline cannot prevent bird strikes. Therefore, you are not entitled to a compensation.
#birdstrike-during-flight
A passenger or staff member on board may become seriously ill or pass away. The airline cannot do anything about a medical emergency. Therefore, you are not entitled to compensation.
#medical-emergency-during-flight
A flight delay or cancellation could be caused by a severe security threat, such as a (planned) terrorist attack or bomb threat. If your flight is disrupted because security services need to intervene, you are not entitled to compensation.
#flight-disruption-due-to-terrorism
No compensation, but right to care
Was there a problem with your flight due to a situation mentioned above? Or can the airline prove that it could not do anything about the situation? Then you are not entitled to compensation. However, the airline must still ensure that you are inconvenienced as little as possible by the delay or cancellation.
What am I entitled to in case of force majeure?
Is there a problem with your flight that the airline can't do anything about? Even then, the airline must take care of its passengers in the event of a delay of more than two hours.
If the flight is moved to the next day, the airline still has to provide a hotel stay with transport. Sometimes you need to pay for this yourself first and reclaim the costs later. So, save the receipts or take clear photos of them.
Has your flight been cancelled? Then the airline must offer you three options. Of these, you may choose one option. Learn what the options are under 'What are my rights in the event of cancellation'.
What am I entitled to in the event of a delay (due to force majeure)?
What you are entitled to depends on how long the delay lasts. Here is an overview of what you are entitled to. In case of force majeure, you are not entitled to compensation, because the airline could not influence the situation in any way.
From 2 hours delay
In the event of a delay of more than 2 hours, you are entitled to:
- Food and drinks;
- 2 phone calls, e-mails, or fax messages;
- Hotel accommodation with transport, if the flight departs the next day.
More than 5 hours delay
Is the flight delayed by more than 5 hours? Then you can decide to forego it. You are then entitled to a refund of the full ticket price. Do you have a connecting flight? Then the airline must also offer you the first possible return flight to the airport of departure.
What are my rights in the event of a cancellation (due to force majeure)?
Has your flight been cancelled? Then the airline must offer you three options. You are not entitled to compensation, because the airline could not do anything about the cancellation.
- Refund of your ticket
You can choose to have your ticket refunded. Do you have a connecting flight? Then the airline must also arrange a return flight to the departure airport for you. - Re-routing on the earliest possible flight to your final destination
The airline must give you the choice between reimbursement of your ticket and re-routing on another flight. If you had to buy a new ticket because the airline did not let you choose between reimbursement and re-routing, you are entitled to a refund of your original ticket and the price difference with the new ticket. - Re-routing on a later flight
Would you prefer to fly on a different day? Then you can choose to fly at a later date. This is only possible if there are still seats available on that flight.
These obligations from the airline also apply if the flight departs more than one hour earlier than scheduled, if your plane has departed but needs to return to the airport, or if your flight lands at an airport outside the region of your destination. These situations are also considered a flight cancellation.
Should the airline offer me a refund if they put me in a lower class?
Does the airline re-route you on a different flight but in a lower class? Then you are entitled to a partial refund of the ticket price. The amount of the compensation depends on the flight distance:
- Less than 1500 km: 30%
- Between 1500 and 3500 km: 50%
- From 3500 km: 75%
If you buy a new flight ticket yourself, the conditions must be comparable. That means that if you had a ticket for economy class and book a new flight in business class instead, you are not entitled to a refund of the price difference.
No force majeure
An airline may state that a flight has been delayed or cancelled due to force majeure, even though that's not the case. That way, they would not have to compensate you. If you are unsure whether you are entitled to compensation, ask the airline to explain why they believe force majeure applies and to prove that the flight disruption is not their fault. The following situations usually do not constitute force majeure:
- Technical problems due to poor maintenance or poor maintenance planning
- Shortage of cabin crew due to inadequate planning
- Lack of the correct papers for the flight
- A safety inspection which reveals technical issues that need to be solved immediately. These issues should have been identified and addressed during routine maintenance.
Human Environment and Transport Inspectorate (ILT)
If an airline does not take care of its passengers or refuses to pay compensation you are entitled to, you can report this to the Human Environment and Transport Inspectorate (ILT). You can submit your complaint to the ILT up to one year after the flight if:
- your flight departed from the Netherlands; or
- you flew from a country outside the European Union to the Netherlands with a European airline.
If you have been denied boarding or are dissatisfied with services related to reduced mobility, the ILT will usually respond to your case. However, for other problems with your flight, the ILT will not provide personal advice. instead, they will forward your report to the airline.
If there are many complaints about an airline not complying with the rules, the ILT may investigate the issue and could impose a fine. You can find more information about your rights as an air passenger on the ILT website: Passenger rights in aviation — Human Environment and Transport Inspectorate (ILT).
Need help with a complaint?
The European Consumer Centre (ECC) offers free legal advice and can assist you with making a claim against a non-Dutch airline based in the EU, Norway, Iceland, or the United Kingdom.
If your complaint is about a Dutch airline, please contact:
- Het Juridisch Loket (The Legal Aid Service)
- ACM ConsuWijzer (The Dutch Consumer Authority)
- The Human Environment and Transport Inspectorate (ILT)
Please note that the above links refer to Dutch websites.