Technical problem on your flight? You can probably claim compensation
A technical fault is normally the airline's responsibility, not an extraordinary circumstance. When you can claim, and the few exceptions.
The short answer
Usually yes. Courts in the EU and the UK have decided that technical problems are a normal part of running an airline, so they don't count as extraordinary circumstances. If you arrived 3 hours late or more, you can normally claim. The exceptions are rare: hidden manufacturing defects, sabotage, or damage from outside, such as a bird strike.
“Technical problem” is one of the most common reasons for a long delay. It’s also one of the clearest cases for compensation.
The rule
Maintenance and faults are part of the normal business of an airline. The EU Court of Justice said so in 2008 (Wallentin-Hermann), and the Court of Appeal in England agreed in 2014 (Huzar). So a technical problem is not an extraordinary circumstance just because it was unexpected.
If you arrived 3 hours late or more, or your flight was cancelled at short notice, you can normally claim:
| Distance | UK261 | EU261 |
|---|---|---|
| Under 1,500 km | £220 | €250 |
| 1,500–3,500 km | £350 | €400 |
| Over 3,500 km | £520 | €600 |
The exceptions
These can count as extraordinary:
- A hidden manufacturing defect that the manufacturer or an authority reveals, affecting a whole fleet.
- Damage from outside the airline’s control, such as a bird strike or sabotage.
Even then, the airline must show it did everything reasonable to limit your delay, for example by finding another aircraft.
What airlines sometimes say
- “It was a safety issue.” Safety issues still count as technical problems. Fixing them is the airline’s job.
- “The part had to be flown in.” Still the airline’s responsibility.
- “It was an unforeseen fault.” Unexpected isn’t the same as extraordinary.
What to do
- Ask for the reason in writing.
- Check your claim in three questions.
- Claim directly from the airline. Our guide has a free letter: claim it yourself.
Your case
Are you owed money? Check in three questions.
Distance, delay and the reason the airline gave. That's all it takes.
Check my claimOfficial sources
- UK CAA, Delays
- Regulation (EC) No 261/2004 (EU261)
- Court of Justice of the EU, Wallentin-Hermann v Alitalia (C-549/07), 2008
- Court of Justice of the EU, Pešková and Peška v Travel Service (C-315/15), 2017: bird strikes
- Court of Appeal of England and Wales, Jet2.com v Huzar, 2014
General information, not legal advice. Rules can change: check the official sources above for your flight.