FlightRepay

ANSWER · UK 261 AND EC 261

Can I claim compensation if weather delayed my flight?

Usually not. Severe weather is the textbook extraordinary circumstance under Art. 5(3), and where it is proven the Art. 7 compensation falls away. The duty of care does not: McDonagh held in 2013 that meals, refreshments and accommodation continue for the whole wait, with no temporal or monetary limit, even during an airspace closure.

REVIEWED AGAINST RULE SET V6 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026

What the airline still owes when weather wins

In McDonagh the eruption of Eyjafjallajökull closed European airspace and the claimant was stranded in Faro for about a week. Ryanair argued an event on that scale released it from the care duty as well as from compensation. The Court disagreed.

  • Meals and refreshments in reasonable relation to the waiting time.
  • Accommodation and transfers where an overnight stay becomes necessary.
  • Costs that were necessary, appropriate and reasonable can be recovered, assessed by the national court.

Weather is not a single answer

Art. 5(3) requires the carrier to prove the specific circumstance and that it could not have avoided the consequences even taking all reasonable measures. A rejection that names a storm without connecting it to this aircraft and this rotation has done half the job.

Weather at an airport hundreds of miles away, affecting an earlier rotation of the same aircraft, is a different question from weather over your runway. TAP addressed that chain in 2020: an earlier extraordinary event can carry forward, but the carrier must show what it did afterwards.

Keep the receipts

Care costs are reimbursed against evidence. Meals, transport to and from a hotel, and the hotel itself are the usual heads.

THE JUDGMENTS BEHIND THIS ANSWER

Pešková, C-315/152017McDonagh, C-12/112013TAP, C-74/192020

SOURCES

  1. Case C-12/11 McDonagh v Ryanair, judgment of 31 January 2013 (ECLI:EU:C:2013:43) · EUR-Lex · checked 7 August 2026
  2. Case C-315/15 Pešková and Peška v Travel Service, judgment of 4 May 2017 (ECLI:EU:C:2017:342) · EUR-Lex · checked 7 August 2026
  3. Case C-74/19 LE v Transportes Aéreos Portugueses, judgment of 11 June 2020 (ECLI:EU:C:2020:437) · EUR-Lex · checked 7 August 2026
  4. Regulation (EC) No 261/2004, Art. 9 · EUR-Lex · checked 7 August 2026

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