Extraordinary Circumstances Challenge Letter: Free Template and What to Include

If you need to challenge airline claim that delay was due to extraordinary circumstances, a written letter is the recommended first step — it creates a clear record and shows you're pursuing the matter formally. Below is what a strong extraordinary circumstances challenge should include.

What this letter needs to cover

• Reference the Wallentin-Hermann case establishing that technical faults are not extraordinary circumstances
• State the specific reason given and why it does not meet the legal threshold
• Request reconsideration and payment of full UK261 compensation within 14 days

Why "extraordinary circumstances" claims deserve scrutiny

Airlines don't have to pay compensation under UK261 if a delay or cancellation was caused by genuinely extraordinary circumstances beyond their control — but this is a specific legal test, not a blanket excuse, and airlines sometimes apply it too broadly. Technical faults, for example, are generally not considered extraordinary unless they stem from something outside the airline's normal operational control, like a manufacturing defect discovered through no fault of the airline.

What to include before you send it

• Your flight details and the airline's stated reason for the delay or cancellation
• Why you believe this doesn't genuinely meet the extraordinary circumstances test
• Reference to relevant case law or CAA guidance if you're aware of comparable rulings
• A clear restatement of your compensation claim under UK261

What genuinely counts as extraordinary

Examples that generally do qualify include severe weather, air traffic control restrictions, security risks, or strikes by third parties (not the airline's own staff). Routine technical faults, staffing issues, and most crew scheduling problems generally don't qualify, since these are considered within the airline's normal operational control.

Frequently Asked Questions

Who decides if circumstances were genuinely extraordinary?
If you disagree with the airline's assessment, ADR schemes or ultimately the courts can review and decide the matter based on the specific facts.

Does the length of delay affect whether I'm covered?
Compensation eligibility depends on both the extraordinary circumstances test and the length of delay or notice given for cancellation — both elements need to be considered together.

[Your Name]
[Your Address]
[Your Postcode]
[Your Email Address]
[Your Phone Number]
[Airline Customer Relations Department]
[Airline Address]
[Airline Postcode]
[Date]

Dear [Name of Airline Contact, or "Customer Relations Team"],

Subject: Challenge to Flight Delay Compensation Refusal – Booking Reference [Booking Reference]

I am writing to challenge your refusal of my claim for compensation for flight [Flight Number] on [Date of Flight] from [Departure Airport] to [Arrival Airport].

You have said the delay was due to "extraordinary circumstances", namely [the reason they gave]. Under UK Regulation 261/2004 (UK261), an airline must show that the delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

I do not accept that this reason is an extraordinary circumstance because:
• [Option A: The delay was caused by a technical fault. In Wallentin-Hermann v Alitalia, the court held that a technical problem that comes up during normal maintenance or operation is not an extraordinary circumstance.]
• [Option B: Other flights from the airport were departing normally at the time, so the weather or air traffic control problem was not the cause.]
• [Option C: You did not take reasonable measures to reduce the delay, such as finding a replacement aircraft or crew.]

Please reconsider and pay the full compensation of £[220 / 350 / 520] per passenger within 14 days, or send me written evidence of the extraordinary circumstances you rely on. If you do not, I will take my complaint to [the ADR scheme the airline belongs to, e.g. AviationADR or CEDR / the Civil Aviation Authority, if the airline is not in an ADR scheme].

Yours sincerely,

[Your Signature]
[Your Printed Name]