delaycheck.eu

The airline refuses: what now?

Last reviewed: 14 October 2026. General information, not legal advice.

A refusal is not the end. It often pays to follow up calmly and in writing and to examine the reason given.

Typical reasons and what to ask

Airline’s reasonWhat to ask or check
“Extraordinary circumstances” without detailThe airline bears the burden of proof. Ask for the circumstance, its timing and the measures taken.
“Technical fault”A defect is generally not an extraordinary circumstance (C‑549/07). Ask what kind of defect it was.
“Strike”It depends on who was striking. Strikes by the airline’s own staff are usually not extraordinary circumstances, and wildcat strikes are not necessarily either (C‑195/17, C‑28/20).
“Voucher instead of money”You do not have to accept a voucher. Compensation is payable in money unless you expressly agree in writing.
“Under three hours”What counts is arrival at the final destination. Check the actual arrival time.

The way forward, step by step

  1. Reply to the refusal: create the letter, set a deadline of 14 days.
  2. Mediation: free for passengers. Schlichtungsstelle Reise & Verkehr or air transport mediation body at the Federal Office of Justice (both German). Which one is responsible depends on whether the airline is a member.
  3. Court: the court at the departure or arrival place can often be competent. The German state offers an online access to court claims (service.justiz.de, German). Compare the costs first.
  4. Claims portals: they take on the effort and risk for a success fee. Work out what you would be left with.

Keep the deadline in view

Under German law the claim becomes time-barred at the end of the third year after the year of the flight. In other countries it can be shorter. The check shows the date and offers a calendar reminder.

Sources