The Bottom Line
- Claiming “extraordinary circumstances” for a flight cancellation is not a complete defense. Airlines must also prove they took all reasonable measures to find alternative transport.
- This duty to assist includes proactively searching for and offering flights on competitor airlines, not just reviewing your own network’s availability.
- Failure to adequately document these comprehensive rebooking efforts can void an otherwise valid defense, resulting in a direct financial liability for passenger compensation.
The Details
In a recent ruling with significant implications for the airline industry, a Dutch court held an airline liable for compensation despite its claim of “extraordinary circumstances.” The case involved a passenger whose easyJet flight from Amsterdam to Manchester was canceled. While the airline invoked extraordinary circumstances—a standard defense under EU Regulation 261/2004 to avoid paying compensation—the court’s decision hinged not on the cause of the cancellation, but on the airline’s subsequent actions.
The District Court of North Holland bypassed the debate over the circumstances of the cancellation itself. Instead, it focused on the overriding obligation for an airline to take “all reasonable measures” to mitigate the disruption for its passengers. Citing established European case law, the court reiterated that this duty requires an airline to actively use all available resources to offer passengers reasonable alternative transport to their final destination at the earliest opportunity. This is a proactive obligation that exists independently of the reason for the initial disruption.
The airline’s defense ultimately failed on evidentiary grounds. The court noted that it was undisputed that the carrier had offered no replacement flight at all. The evidence submitted—a screenshot showing no availability on its own flights two days after the original travel date—was deemed insufficient. Crucially, the airline failed to demonstrate that it had searched for available seats on other carriers. The court ruled that this was a necessary step in fulfilling its duty. Because the airline could not prove it had exhausted all reasonable rebooking options, including on rival airlines, it was ordered to pay the full compensation.
Source
Rechtbank Noord-Holland
