Airline Rejected Your EU261 Claim? The Four Reasons & What Beats Each

The airline rejected my EU261 claim: what to do next

Quick answer

If an airline rejects an EU261 claim, the rejection does not automatically mean the passenger is ineligible: the next step depends on the airline's stated reason, the flight circumstances, the applicable regulation and whether the airline belongs to an ADR scheme. A refusal is a position, not a decision. Airlines answer most claims with one of four templates — extraordinary circumstances, a disputed delay length, a scope argument, or vouchers instead of money — and each has a specific reply. Answer once in writing, ask for the facts the airline relies on, and if the answer does not change, refer the case to the ADR scheme or the national enforcement body for free.

Is the airline's rejection valid?

Enter the flight and the reason the airline gave — or paste its reply. Horvera tests the reason against the rules, tells you what is still decisive, the amount the flight would earn, and which body you can escalate to and from when.

Check whether the airline's rejection is valid

Read the refusal for what it actually says

Airlines reply with templates. Before you respond, identify which of the four you received, because the answer to each is different:

“Extraordinary circumstances” — weather, ATC, strike, security, bird strike, or an unexplained “operational reasons”. The airline is invoking Article 5(3). It has the burden of proving both the circumstance and that it took all reasonable measures. A template that names no specific cause has proven nothing yet.
“The delay was under three hours” — a dispute about the arrival time. The moment that counts is when the first door opened at your final destination (Germanwings v Henning), not touchdown and not the scheduled time on the screen.
“Your flight is not covered” — a scope argument: a non-EU airline into the EU, a flight the airline says was operated by someone else, or a connection on separate tickets. Sometimes right, often not: departures from the EU/EEA are covered on any airline, and a single booking through a hub is one journey (Folkerts).
Vouchers, points or a partial amount — an offer, not a refusal. Compensation under Article 7 is paid in money; you only accept another form if you sign for it (voucher offers).

Reply once, in writing, with questions

Write back within a couple of weeks, quoting the airline’s reference. Do not argue in general terms — ask for the facts:

Which specific circumstance affected flight [number] on [date], at what time, and where is it recorded?
Did other flights operate from the same airport in the same period?
What measures did the airline take to avoid the delay or cancellation, and why could you not be re-routed sooner?
For a “late inbound aircraft”: what was the original cause on the earlier sector?
For a disputed delay: what was the time at which the doors opened at [final destination]?

State that the burden of proof is the airline’s under Article 5(3) as interpreted in Wallentin-Hermann, that technical problems are inherent in the airline’s activity (van der Lans), and that its own staff’s strike is not extraordinary (Airhelp v SAS). Give a deadline of 14 days after which you will escalate. Keep everything dated.

If the answer does not change: escalate for free

ADR scheme — where the airline is a member (AviationADR or CEDR in the UK, the Schlichtungsstelle Reise & Verkehr (formerly söp) in Germany, MTV in France, AESA’s binding procedure in Spain, apf in Austria; the Netherlands has none for standalone flights). Decisions of the binding schemes bind the airline; these schemes are free for passengers. Refer after the airline’s final response or its waiting period (8 weeks in the UK, one to two months elsewhere).
National enforcement body — the authority of the country of departure (or of arrival for inbound EU-carrier flights). It assesses the complaint and can sanction the airline; in most countries it does not order payment, but its assessment carries weight if you go to court.
Court — small-claims procedures in every country, and the European Small Claims Procedure for cross-border claims up to €5,000 with a form and no lawyer. Check the limitation period for the departure country first.

What not to do

Do not accept a voucher “to close the matter” unless you want the voucher more than the money. Do not sign a form that waives further claims. Do not let the file go quiet — a dated reminder every few weeks is what keeps the airline’s own deadlines running against it.

When the airline is right

A refusal can be correct: a delay of 2 h 55, a cancellation announced 20 days ahead, a non-EU airline flying you into Europe, or a genuine ATC strike with no re-routing available — the full list of lawful grounds is short. Horvera’s free rejected-claim check tells you which of these applies before you spend time on an escalation that cannot succeed — and it also tells you when refund, re-routing and care rights survive even if fixed compensation does not.

The reasons airlines give, and what each one is worth

Airline says "extraordinary circumstances"

The airline is invoking Article 5(3): it says the cause was outside its control and unavoidable. That is a defence it has to prove for your flight, not a label it can apply to the day.

What to ask the airline, in writing

Which specific circumstance affected flight [number] on [date], at what time and at which airport?
Where is it recorded — a NOTAM, an ATC slot message, a METAR, a strike notice?
What measures did the airline take to avoid the delay, and why could you not be re-routed sooner?
Did other flights operate from the same airport in the same period?

When this reason holds

It holds when the airline names the event, shows it applied to your flight rather than the schedule in general, and shows that spare aircraft, standby crew or re-routing could not have avoided the delay. A refusal that names nothing has proven nothing.

Next step

Reply once asking the four questions with a 14-day deadline; if the answer stays generic, refer the case to the ADR scheme or the enforcement body — they apply exactly these tests.

Airline says the delay was under three hours

A dispute about the arrival time. The moment that counts is when at least one aircraft door opened at your final destination (Germanwings v Henning), compared with the scheduled arrival on the booking — not touchdown, not the departure delay, not the time on the screen.

What to ask the airline, in writing

What time does the airline say the doors opened at [final destination], and what is that based on?
What was the scheduled arrival time on the booking as originally issued?
For a connection on one booking: was the delay measured at the final destination rather than at the hub?

When this reason holds

It holds when the doors genuinely opened less than three hours after the scheduled arrival: a 2 h 55 arrival delay carries no fixed compensation, although care and expenses may still be due. It does not hold when the airline measured touchdown, the departure, or the wrong leg.

Next step

Compare the airline's figure with your own evidence — a photo of the arrivals board, a timestamped message, flight-tracking history. If your figure is three hours or more, reply with it and escalate; if it is under three hours, claim the care and expenses you paid for instead.

Airline says your flight is outside EU261

A scope argument under Article 3: the airline says the flight departed outside the EU/EEA, the UK or Switzerland on a non-European airline, or that the regime does not reach it. Sometimes right — often not: every departure from Europe is covered whatever the airline, and inbound flights are covered on EU, EEA, UK and Swiss carriers.

What to ask the airline, in writing

Which airport does the airline say the flight departed from, and which airline actually operated it (the boarding pass, not the ticket)?
For a connection on one booking: did the journey as a whole start in Europe?

When this reason holds

It holds for a third-country airline flying you into Europe from outside it (Dubai to Manchester on Emirates), or for a flight entirely outside Europe. It does not hold for any departure from a European airport, for an EU/UK/Swiss carrier inbound, or for a connection that began in Europe on one booking (Folkerts).

Next step

Check the operating carrier and the departure airport against the rules; if the flight is within scope, reply citing Article 3 and escalate; if it is genuinely outside, the Montreal Convention and the airline's conditions are the remaining routes.

Airline says it was not responsible

Usually one of three things: "we did not operate the flight" (a partner or wet-lease airline did), "the delay came from an earlier flight" (a knock-on), or "the airport / handler / ATC caused it". Only the operating carrier owes compensation — but the operating carrier cannot pass a knock-on delay or its own contractor's failure to someone else.

What to ask the airline, in writing

Which airline operated the aircraft, as shown on the boarding pass?
For a knock-on delay: what caused the first delay in the rotation, and was that cause extraordinary?
For a contractor (ground handler, de-icing company): was it working for the airline?

When this reason holds

It holds when another airline genuinely operated the flight — claim from that airline instead. It does not hold for a late inbound aircraft whose original delay was operational, or for a handler the airline itself engaged.

Next step

Confirm the operating carrier from the boarding pass; re-address the claim if it was the wrong airline, otherwise reply asking for the root cause of the first delay and escalate.

Airline gave another reason

Other refusals are usually one of: the cancellation was announced 14 days or more ahead; a replacement flight met the legal time windows; the compensation was already paid; the claim duplicates another; or the airline offers vouchers instead of money. Each has a specific answer, and some are correct.

What to ask the airline, in writing

What is the exact ground, in the airline's words?
For a notice argument: when and how was the cancellation communicated, and to which address?
For a voucher offer: has the airline been told, in writing, that you want payment under Article 7(3)?

When this reason holds

A cancellation notified 14 days or more ahead, a replacement inside the windows, or a payment already made are valid grounds. A voucher offer, a duplicate-claim reply to your own claim, or a reference to the airline's own conditions are not.

Next step

Identify the ground and answer it once; if it is a voucher, refuse it in writing and ask for the money; if it is a valid ground, the refund, re-routing and care rights may still be worth claiming.

Is the airline's rejection valid?

Check whether the airline's rejection is valid

The airline rejected my EU261 claim: what to do next

The airline rejected your claim: what decides the next step

Why was your claim rejected?

Read the refusal for what it actually says

Reply once, in writing, with questions

If the answer does not change: escalate for free

What not to do

When the airline is right

The reasons airlines give, and what each one is worth

Airline says "extraordinary circumstances"

Airline says the delay was under three hours

Airline says your flight is outside EU261

Airline says it was not responsible

Airline gave another reason

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