"Technical issue" is one of the most common reasons given for a delay or cancellation. It's also one of the most common reasons given for refusing compensation. In most cases, that refusal is wrong. The courts have looked at this question several times, and the answer has been consistent.
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Delayed by a technical fault? You can usually claim
Airlines often refuse claims for technical faults. Why the courts say most faults aren't extraordinary, the rare exceptions, and what to do if refused.
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On this page
- Do I get compensation if my flight was delayed by a technical fault?
- Why isn't a technical fault "extraordinary"?
- When can a technical problem count as extraordinary?
- What does the airline usually say?
- What if the fault happened during an earlier flight?
- What should I keep?
- What am I owed on the day, whatever the cause?
- What if the airline has already refused me?
- Frequently asked questions
Do I get compensation if my flight was delayed by a technical fault?
Usually, yes. A technical fault with the aircraft is generally not an extraordinary circumstance. That means if it made you arrive three hours or more late, or caused a cancellation at short notice, compensation is normally due.
The normal amounts apply:
| Flight distance | UK departures (UK261) | EU departures (EC261) |
|---|---|---|
| Up to 1,500 km | £220 | €250 |
| 1,500 to 3,500 km | £350 | €400 |
| Over 3,500 km | £520 | €600 |
On flights over 3,500 km, if you arrived between three and four hours late, the airline can pay half.
Why isn't a technical fault "extraordinary"?
Because maintaining aircraft and dealing with the faults they develop is part of the everyday business of running an airline. Three court decisions set this out.
Wallentin-Hermann v Alitalia (2008)
An Alitalia flight was cancelled because of a complex engine problem found shortly before departure. The EU Court of Justice held that a technical problem is not extraordinary unless it stems from events which, by their nature or origin, are not inherent in the normal exercise of the airline's activity and are beyond its actual control.
Faults found during maintenance, or caused by failing to maintain an aircraft, don't meet that test. The court said even an airline that has kept to the minimum maintenance rules can't rely on that alone.
Huzar v Jet2.com (2014)
The Court of Appeal in England applied this to a delay caused by a wiring fault. Jet2 argued that an unforeseen fault, which couldn't have been found by routine maintenance, should count as extraordinary.
The court disagreed. Unexpected technical problems are an inherent part of operating aircraft. Being unforeseeable doesn't make them extraordinary. This decision binds courts in England and Wales.
van der Lans v KLM (2015)
Components on a KLM aircraft failed earlier than expected, delaying the flight by more than a day. The parts hadn't reached the end of their expected life, and there had been no warning. KLM argued this premature failure was extraordinary.
The EU Court of Justice held it was not. A part that fails early, even without warning, is still part of the normal running of an airline, which has to deal with such failures. The airline had to pay.
These cases all date from before the end of 2020, so they remain part of UK law as well as EU law.
When can a technical problem count as extraordinary?
The exceptions are narrow. The courts have recognised a few kinds of situation.
- A hidden manufacturing defect that the manufacturer or an aviation authority announces affects aircraft across a fleet and that grounds them. This was the example given in Wallentin-Hermann.
- Damage caused from outside, such as sabotage or terrorism.
- Damage caused by something on the runway or a bird strike. The EU court has treated these as outside the airline's control, as long as the airline then dealt with the damage reasonably.
Even then, the airline has to show it took all reasonable measures to avoid or limit the delay: for example, getting a replacement aircraft or the needed parts as quickly as could reasonably be expected.
What does the airline usually say?
"A technical issue outside our control." This is the phrase most often used, and in most cases it's not right in law. A fault in an engine, a hydraulic system, a door, a warning sensor, the brakes or the cabin systems is part of running an airline.
"The fault was unforeseeable." That was exactly the argument rejected in Huzar. Being unexpected doesn't make it extraordinary.
"We maintained the aircraft in line with the rules." That isn't enough. Wallentin-Hermann made clear that following the minimum maintenance rules doesn't, on its own, show reasonable measures were taken.
"The part failed earlier than its expected life." That was van der Lans. Not extraordinary.
"The aircraft before yours had a technical problem." A knock-on delay from an earlier flight's technical fault is the airline's responsibility too, because the original cause was.
"For safety reasons." Grounding a faulty aircraft is the right decision for safety. It doesn't change who is responsible for the fault.
What if the fault happened during an earlier flight?
Aircraft fly several times a day. A fault found after the morning flight can delay every flight that aircraft does afterwards, unless the airline brings in another aircraft.
Each later flight's delay traces back to the same fault. If the fault wasn't extraordinary, none of the knock-on delays are either.
What should I keep?
- Your booking confirmation and boarding pass.
- Any message giving the reason for the delay. Screenshots of app notifications are useful.
- A note of what the crew or gate staff announced.
- Receipts for meals, hotels or transport you paid for yourself.
You don't need proof of the technical fault. The airline has to prove that its defence applies, not the other way round.
What am I owed on the day, whatever the cause?
During a long delay, the airline must provide food and drink, and a hotel with transport if you're stuck overnight. If your flight is cancelled, you choose between a full refund or a new flight. This applies whatever caused the problem. See what the airline owes you during a delay.
What if the airline has already refused me?
A refusal isn't the end of a claim. A reply that cites the case law and asks the airline to show why the fault was truly extraordinary often changes the outcome. If it doesn't, many airlines belong to dispute schemes whose decisions bind them, and the courts remain.
Our airline guides explain how this works for easyJet, Jet2 and British Airways. See also our wider guide to extraordinary circumstances.
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Frequently asked questions
Is a technical fault an extraordinary circumstance?
Generally no. The Court of Appeal in Huzar v Jet2.com and the EU Court of Justice in Wallentin-Hermann and van der Lans held that technical problems are part of running an airline.
Can I claim compensation for a delay caused by engine problems?
Usually yes, if you arrived three hours or more late. An engine fault is normally the airline's responsibility, even if it was unexpected.
Does a bird strike count as a technical fault?
No. A bird strike is damage from outside the aircraft, which the EU court has treated as extraordinary. The airline still has to show it then took reasonable steps to limit the delay.
The airline said the fault was a safety issue. Does that matter?
No. Taking a faulty aircraft out of service is the right thing to do, but it doesn't change who is responsible for the fault.
What if my flight was cancelled because of a technical problem?
The same rules apply. If you were told less than 14 days before departure and the cause was a technical problem, compensation is usually due on top of a refund or a new flight.
