The airline refuses: what now?
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 reason | What to ask or check |
|---|---|
| “Extraordinary circumstances” without detail | The 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
- Reply to the refusal: create the letter, set a deadline of 14 days.
- 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.
- 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.
- 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.