Flight cancelled or delayed due to weather: your rights by regime

Checked 15 Sep 2026·19 min read

Weather can take away fixed compensation, but in all 4 regimes on this page a refund route survives it. Under UK261 and EU261 the airline has to prove extraordinary circumstances, and care plus a refund or re-routing stay owed even when it does. Canada’s Air Passenger Protection Regulations owe a refund or rebooking, with no compensation. US Department of Transportation rules owe a full refund when the airline cancels and you do not accept its alternative.

#Is bad weather an extraordinary circumstance under UK261 and EU261?

14 December 2023 is when UK261 gained a written definition of extraordinary circumstances, in article 2(o). EU261 article 5(3) names the defence but gives no definition in its operative text. Under both, bad weather excuses compensation only if the airline proves it caused your disruption and that all reasonable measures could not have avoided it.

Source: UK261 art. 2(o), codified by SI 2023/1370; EU261 art. 5(3) — legislation.gov.uk; eur-lex.europa.eu, checked 2026-09-15.

#UK261: weather and air traffic management decisions

Article 2(o) has two limbs. Limb one covers an event not inherent in the airline’s normal activity, beyond its actual control, that all reasonable measures could not avoid. Limb two covers an air traffic management decision that all reasonable measures could not have avoided.

Blanche v EasyJet Airline Company Ltd [2019] EWCA Civ 69 concerned a suspension of departures because of thunderstorms. The Court of Appeal applied recital 15. Such an air traffic management decision is deemed extraordinary when it causes a long delay to a particular aircraft on a particular day. Its underlying cause does not matter, nor how many flights it hit. The airline must still prove the causal link. Blanche binds lower courts in England and Wales.

Fog, a snowstorm or a hurricane with no such decision behind it is tested under limb one. In Jet2.com Ltd v Huzar [2014] EWCA Civ 791, the Court of Appeal named freak weather only in passing, as an example of an event outside normal airline activity. That remark decides nothing about your flight.

#EU261: the carrier’s burden

Article 5(3) lets the operating carrier refuse compensation only if it proves extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. A claim for compensation on a flight cancelled due to weather therefore turns on proof about your flight, not the forecast.

Ask the airline in writing which event it relies on, at which airport and at what time. The UK261 extraordinary circumstances guide decodes the other refusal wordings.

#What do recital 14 and the guidelines say about bad weather?

14 is the recital that names weather. Extraordinary circumstances “may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.” The UK text of the regulation carries the same words.

Source: Regulation (EC) No 261/2004, recital 14 — eur-lex.europa.eu; UK261 introductory text — legislation.gov.uk; Commission Interpretative Guidelines C/2024/5687, §5.1 and §5.2.3(h), and 2016/C 214/04, §5.4; CAA, Am I entitled to compensation? and Heathrow guidance (21 March 2025) — eur-lex.europa.eu; caa.co.uk, checked 2026-10-12.

A recital guides the reading of the law; it is not the test. The European Commission’s 2024 Interpretative Guidelines say recital 14 events “are not necessarily grounds for an exemption from the obligation to pay compensation, but require a case-by-case assessment”.

On busy airports the guidelines go further. An airline “obliged to delay or cancel a flight at a congested airport due to bad weather conditions, including if these conditions result in capacity shortages” faces extraordinary circumstances, says §5.2.3(h) of the 2024 text. The 2016 Guidelines carry the same wording (§5.4), and the CAA states that it “has adopted the EU Interpretative Guidelines from 2016”, so UK flights get the same reading.

The CAA’s own list of events likely to be extraordinary opens with “Weather conditions incompatible with the safe operation of the flight”. Its interpretation is “illustrative and for guidance only”, and you can still claim, including through the courts, if you disagree.

Proof is the weak point of a bare weather refusal. The 2024 guidelines say an airline may rely on logbook extracts, incident reports or external documents. It should provide such proof “free of charge” to the enforcement body and to passengers, in line with national rules on access to documents. That is the Commission’s view, not binding law.

Ask the airline for the document behind its weather claim by name: the incident report, the logbook extract or the airport notice.

#What did C-108/26 change for weather delays in the EU?

8 October 2026 is the date of C-108/26, a CJEU judgment on departure slots delayed by airspace restrictions in Hungary and Romania, imposed for adverse weather. Under EU261, an air traffic management decision is no longer extraordinary in itself; the court looks at its cause. Weather that stops a flight operating safely and on schedule passes as a natural hazard.

Source: CJEU C-108/26, judgment of 8 October 2026 (provisional text); Pešková, C-315/15 (2017), operative point 4 — eur-lex.europa.eu; UK261 art. 2(o)(b) — legislation.gov.uk, checked 2026-10-12.

The court accepted that airlines face variable, even difficult, weather regularly. Conditions that prevent the flight being operated safely and on the original schedule are a different matter. They are not inherent in the airline’s activity, and as natural hazards they are beyond its control. The test is the effect on your flight, not the forecast.

The same judgment applied the deduction rule from Pešková. Where an arrival delay of 3 hours or more comes partly from an extraordinary event and partly from something that is not, the extraordinary part is deducted first. In C-108/26 the weather-delayed slot was followed by a technical fault. Say a storm costs 1 hour of a 3-hour-30 delay and a fault the rest: 2 hours 30 minutes remain, under the 3-hour line. Pešková dates from 2017, so the rule binds UK courts too.

UK flights work differently on the decision itself. UK261 article 2(o)(b) covers an air traffic management decision without asking why it was made, and Blanche held the cause irrelevant. C-108/26 came after 2020, so it is persuasive only in UK courts; on a UK flight, a weather-driven ATC restriction that delayed your aircraft still usually counts.

The judgment is published as a provisional text, so quote it by number and date, not by paragraph.

Ask an EU airline that cites “ATC restrictions” what caused them, and ask any airline how many minutes each cause added.

#Fog, snow, de-icing and lightning: which have a court ruling?

1 weather event has its own CJEU ruling: lightning. In AirHelp Germany (C-399/24, 16 October 2025), a lightning strike that led to mandatory safety inspections of the aircraft, and so to its late return to service, was an extraordinary circumstance. We found no CJEU or UK appeal-court ruling of its own for fog, snow, ice or de-icing.

Source: AirHelp Germany, C-399/24 (2025, provisional text); CJEU C-108/26 (8 October 2026, provisional text) — eur-lex.europa.eu; UK261 art. 2(o) — legislation.gov.uk; CAA, Heathrow guidance (21 March 2025) — caa.co.uk, checked 2026-10-12.

In the lightning case the strike hit the aircraft on its preceding flight, and the inspections it forced delayed the next one. The ruling came after 2020, so it is persuasive only in UK courts.

For fog, snow and ice the general test applies. Under EU261 after C-108/26, the question is whether the conditions stopped your flight operating safely and on schedule, and whether reasonable measures could have avoided the disruption. Under UK261 the same weather is tested under article 2(o) limb one, or under limb two if an air traffic management decision followed. The Commission’s congested-airport reading can cover snow or fog that cuts an airport’s capacity.

De-icing is the honest gap. No CJEU or UK appeal-court ruling addresses de-icing delays or a shortage of de-icing fluid, so neither “always extraordinary” nor “never extraordinary” is a safe claim. A refusal that blames de-icing has to pass the same general test as any other event.

A whole airport closing is a separate case. When Heathrow closed on 21 March 2025, the CAA said disruption directly caused by the closure was likely extraordinary. Replacement flights and care, it added, were “due regardless of the cause of your delay or cancellation”.

Note the airport, the hour and the type of weather, then ask the airline which of them it says hit your flight.

#Does weather that hit an earlier flight still excuse your delay?

2020 is the year the CJEU decided TAP Portugal (LE v. TAP) (C-74/19): an airline may rely on an extraordinary circumstance that hit an earlier flight it operated with the same aircraft only if a direct causal link runs to your disruption. The airline must also show it took all reasonable measures, re-routing included.

Source: TAP Portugal (LE v. TAP), C-74/19 (2020), operative part; Eglītis & Ratnieks, C-294/10 (2011) — eur-lex.europa.eu, checked 2026-09-15.

The facts were not about weather: the previous flight had diverted to disembark an unruly passenger. The test, though, covers any extraordinary circumstance that affected a previous flight operated by the same aircraft, so a storm at another airport can carry over to your departure as a knock-on delay.

Eglītis & Ratnieks (C-294/10, 2011) adds a planning duty. Under article 5(3), an airline has to plan reserve time so it can still operate once extraordinary circumstances end, and no single minimum applies to every carrier. Picture a thunderstorm that stops departures at the inbound airport from 10:00 to 11:00, and your flight leaves 6 hours late. The airline then has to explain why its reserve time could not absorb a one-hour stoppage.

Both rulings predate 2021, so they bind UK courts too. The chain holds only if the first event was itself extraordinary and the link to your flight is direct.

A refusal that says only “late inbound aircraft” or “previous rotation” names no first event. Ask in writing for the earlier flight number, what disrupted it, and how many minutes passed on to yours.

#What reasonable measures must the airline take after bad weather?

The airline’s own flight the next day is not a reasonable measure if an earlier one existed. In TAP Portugal (C-74/19, 2020), the CJEU allowed it only where no direct or indirect re-routing, on its own or any other airline’s flight, would have arrived sooner. The other exception is an intolerable sacrifice for the airline.

Source: TAP Portugal, C-74/19 (2020), operative point 3; SATA International, C-308/21 (2022), para 18; Commission Interpretative Guidelines C/2024/5687, §5.3 — eur-lex.europa.eu; CAA guidance on consumer law for airlines and airports; CAA statement on the NATS disruption of 8 September 2026 — caa.co.uk, checked 2026-10-12.

The general standard comes from Airhelp v SAS (C-28/20) and SATA International (C-308/21), and the Commission repeats it. The airline must deploy “all its resources in terms of staff or equipment and the financial means at its disposal”. It cannot be asked for sacrifices that are intolerable for its business at the time.

On reserve time, the Commission makes a practical point. Airlines “will generally have more resources available at their home base compared to outbound destinations, giving them more possibilities to limit the impact of extraordinary circumstances.” The CAA expects airlines to show they are “proactive and flexible in managing the situation and minimising the impact on passengers”.

The NATS outage of 8 September 2026 shows how the split works on UK flights, even though the cause was a NATS outage, not weather. The CAA said delays and cancellations it caused, knock-on effects included, were likely extraordinary, so compensation was unlikely. Airlines still had to look after passengers and offer a refund, re-routing at the earliest opportunity or re-routing at a later date.

TAP Portugal dates from 2020, so it binds UK courts. Airhelp v SAS and SATA International came later and are persuasive only there.

If the airline offered only its next-day flight, find an earlier one on another airline that day and ask in writing why it was not offered.

#How do you check whether weather really caused your disruption?

2 checks test a weather excuse before any escalation: the airport weather reports (METAR) for your scheduled departure window, and the airline’s written answer naming the event, the airport and the time. Under UK261, 8 weeks without a reply opens alternative dispute resolution (ADR) if the airline belongs to a CAA-approved scheme.

Source: CAA, Alternative Dispute Resolution for air passengers — caa.co.uk, checked 2026-09-15.

The burden is not yours: under article 5(3) of both UK261 and EU261, the airline proves the extraordinary circumstances.

The check cuts both ways.

In a MoneySavingExpert Forum thread from September 2025, a poster whose brother’s Amsterdam to Bristol flight was “currently 5+ hours delayed” wrote: “Easyjet claim adverse weather in Bristol as the cause for this delay on this bright, sunny and calm day.” Another poster, Ayr_Rage, replied with the METAR reports: “There was fog and low cloud from 0620 to 0950 local time”. Ayr_Rage added: “There were several diversions in that period so the weather was below minimums at times.” These are passenger reports. Sunshine at the time of posting said nothing about fog earlier that morning.

Under UK261, send your complaint to the airline first. File with ADR within 12 months of its final response, for an incident in the last 6 years (5 if you live in Scotland). ADR is free, and most decisions come within 3 months. A decision binds the airline once you accept it; if you do not, you can still go to court.

One MSE Forum poster, eskbanker, wrote in July 2025 that at AviationADR “substantially more detailed information was shared by the airline at that stage”. That is one passenger’s experience, not a rule. The ADR schemes guide lists members.

Save the METAR lines with their UTC timestamps and attach them to your written complaint.

If your flight falls under UK261 or EU261 and the weather excuse is disputed, because the reports show no weather event at your departure time or the airline cannot link an earlier flight to yours, AirHelp (third-party claim service) can take the claim on, no win no fee, and keeps a fee from any payout. The free complaint and ADR route above stays open.

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#What does the airline still owe you in a weather disruption?

2 obligations survive a valid weather excuse under UK261 and EU261: care under article 9 and, on a cancellation, a refund or re-routing under article 8. In McDonagh (C-12/11, 2013), the CJEU held that extraordinary circumstances, there the Eyjafjallajökull airspace closure, do not release airlines from the duty to provide care.

Source: EU261 arts. 5(1), 5(3), 6(1), 8, 9; UK261 arts. 5(3), 6(4), 8, 9; McDonagh, C-12/11 (2013) — eur-lex.europa.eu; legislation.gov.uk, checked 2026-09-15.

Care means meals and refreshments in reasonable relation to the wait, two free calls or emails, and a hotel with transport when you have to stay overnight. On a delay, care starts at 2 hours or more on flights up to 1,500 km and 3 hours on longer ones up to 3,500 km (under EU261, also every intra-EU flight over 1,500 km). Beyond that, the line is 4 hours. From 5 hours you can ask for reimbursement under article 8(1)(a).

On a cancellation, you choose between reimbursement of the full ticket cost within 7 days and re-routing, either at the earliest opportunity or on a later date that suits you. McDonagh caps care you paid for yourself at amounts that are “necessary, appropriate and reasonable”. UK261 articles 5(3) and 6(4) release the airline only from the article 7 payment, and McDonagh predates 2021, so it binds UK courts.

What each regime still owes in a weather disruption

Weather changes one column in the UK261 and EU261 rows. In the APPR row, rebooking or a refund holds whatever the cause. In the US DOT row, only the refund does.

Source: UK261 and EU261 arts. 5-9; APPR s.10, s.13, s.14, s.18, s.18.2; 14 CFR 260.2, 260.6; DOT Cancellation and Delay Dashboard (11 Sep 2025) — legislation.gov.uk; eur-lex.europa.eu; laws-lois.justice.gc.ca; ecfr.gov; transportation.gov, checked 2026-09-15.

Keep every receipt and claim care costs in writing, apart from compensation. The right to care guide covers hotels and meals; the compensation calculator gives the amount if the excuse fails.

Paying for a hotel or a new ticket yourself? Trip delay insurance vs airline duties sets out who pays first.

#APPR C$What does APPR give you for a weather disruption in Canada?

48 hours is the rebooking window when weather grounds a flight to, from or within Canada. Section 10(1)(c) of the Air Passenger Protection Regulations lists “meteorological conditions or natural disasters that make the safe operation of the aircraft impossible” as outside the carrier’s control, so the carrier owes rebooking or a refund, and no compensation.

Source: Air Passenger Protection Regulations (SOR/2019-150), s.10(1)-(3), s.18(1)-(1.3), s.18.2 — laws-lois.justice.gc.ca, checked 2026-09-15.

After a delay of 3 hours or more, or a cancellation, the carrier must book you on the next available flight. That flight must be operated by the carrier or a partner and depart within 48 hours of your original departure time. If it cannot, you choose between a refund of the unused portion of the ticket and other arrangements. A large carrier then books any carrier, including from a nearby airport; a small carrier, its own or a partner’s next flight. You can take the refund any time before a new reservation is confirmed, and it is due within 30 days.

Section 14 standards of treatment start after a 2-hour wait, but only for disruptions within the carrier’s control, and only if you were told less than 12 hours before departure. What the carrier still owes is information: status updates every 30 minutes during a delay, until a new departure time is set or alternate arrangements are made.

The same list covers war or political instability, and knock-on disruptions count too. Under section 10(2), a disruption “directly attributable to an earlier delay or cancellation” outside the carrier’s control is also outside its control “if that carrier took all reasonable measures to mitigate the impact of the earlier flight delay or cancellation”.

In a Canadian Transportation Agency complaint, the disruption is presumed within the carrier’s control unless the carrier proves otherwise (Canada Transportation Act s.85.07(2)). Doubt the weather reason? Claim from the carrier in writing before the first anniversary of the disruption, and file with the Agency if it is not resolved within 30 days. The APPR guide covers the other categories.

#What do US airlines owe after a weather cancellation?

14 CFR 260.6(a) gives a full refund of the fare, taxes and ancillary fees when a US airline cancels your flight and you do not accept its alternative. For domestic itineraries, the US Department of Transportation says airlines are not required to compensate passengers whose flights are delayed or canceled.

Source: 14 CFR 260.2, 260.6(a); DOT Fly Rights (last updated 26 Sep 2025) — ecfr.gov; transportation.gov, checked 2026-09-15.

The refund rule names no cause: under 14 CFR 260.2, a canceled flight is one published under a specific flight number at the time of sale and not operated. The refund is due in 3 cases: the airline offers no alternative, you reject the alternative, or you do not respond and do not fly. Silence is not acceptance.

Payment is due within 7 business days for credit card purchases and 20 calendar days for cash, check, debit card or other payment methods. A travel credit replaces the refund only if you affirmatively accept it after being told of your refund right, and it must stay valid for at least 5 years. Until 7 Jul 2027, the DOT does not enforce the cancellation-refund rules where a flight is merely renumbered, you are rebooked on it, and there is no “significant change or delay”.

Meals, hotels and rebooking come from airline commitments, not federal rights. The DOT’s Airline Cancellation and Delay Dashboard lists them “for customers experiencing significant flight disruptions within the airline’s control”. On its detail page, last updated 11 Sep 2025, all 9 listed airlines show “No” for cash compensation, and every airline except Frontier commits to a hotel and ground transport. The DOT holds airlines to the promises in their customer service plans.

Reject any rebooking in writing if you want the refund, and ask the airline in writing whether it treats the cancellation as within its control. Tarmac limits are on the US delayed and canceled flight rights page.

General information, not legal advice. For your specific case: the CAA, a European Consumer Centre, the Canadian Transportation Agency or the US Department of Transportation.

#Sources

• UK261 (Regulation (EC) No 261/2004 as amended), arts. 2, 5-9 — legislation.gov.uk, checked 2026-09-15.
• The Aviation (Consumers) (Amendment) Regulations 2023 (SI 2023/1370) — legislation.gov.uk, checked 2026-09-15.
• Regulation (EC) No 261/2004, arts. 5-9 (EU text) — eur-lex.europa.eu, checked 2026-09-15.
• CAA, Alternative Dispute Resolution — caa.co.uk, checked 2026-09-15.
• Blanche v EasyJet Airline Company Ltd [2019] EWCA Civ 69 — caselaw.nationalarchives.gov.uk.
• Jet2.com Ltd v Huzar [2014] EWCA Civ 791 — caselaw.nationalarchives.gov.uk.
• TAP Portugal (LE v. TAP), C-74/19 (2020) — eur-lex.europa.eu.
• Eglītis & Ratnieks, C-294/10 (2011) — eur-lex.europa.eu.
• McDonagh, C-12/11 (2013) — eur-lex.europa.eu.
• Air Passenger Protection Regulations (SOR/2019-150) — laws-lois.justice.gc.ca, checked 2026-09-15.
• Canada Transportation Act, s.85.07 — laws-lois.justice.gc.ca, checked 2026-09-15.
• 14 CFR Part 260 (refunds) — ecfr.gov, checked 2026-09-15.
• US DOT, Fly Rights — transportation.gov, checked 2026-09-15.
• US DOT, Airline Cancellation and Delay Dashboard — transportation.gov, checked 2026-09-15.
• Regulation (EC) No 261/2004, recital 14 (EU text) — eur-lex.europa.eu, checked 2026-10-12.
• UK261, introductory text (recital 14) — legislation.gov.uk, checked 2026-10-12.
• European Commission, Interpretative Guidelines C/2024/5687 (OJ C, 25.9.2024), §5.1, §5.2.3(h), §5.3 — eur-lex.europa.eu, checked 2026-10-12.
• European Commission, Interpretative Guidelines 2016/C 214/04, §5.4 (adopted by the CAA) — caa.co.uk, checked 2026-10-12.
• CAA, Am I entitled to compensation? - caa.co.uk, checked 2026-10-12.
• CAA, Guidance on consumer law for airlines and airports — caa.co.uk, checked 2026-10-12.
• CAA, Statement on passenger compensation following NATS disruption on 8 September (9 September 2026) — caa.co.uk, checked 2026-10-12.
• CAA, Guidance to consumers impacted by Heathrow Airport incident (21 March 2025) — caa.co.uk, checked 2026-10-12.
• D (Air traffic management decision), C-108/26 (judgment of 8 October 2026, provisional text), CJEU; persuasive only in UK courts — eur-lex.europa.eu, checked 2026-10-12.
• Pešková, C-315/15 (2017) — eur-lex.europa.eu.
• AirHelp Germany (Aircraft struck by lightning), C-399/24 (2025, provisional text); persuasive only in UK courts — eur-lex.europa.eu.
• Airhelp v SAS, C-28/20 (2021); persuasive only in UK courts — eur-lex.europa.eu.
• SATA International (Failure of the refuelling system), C-308/21 (2022); persuasive only in UK courts — eur-lex.europa.eu.
• Federal Register 2026-13675 (renumbered flights) — federalregister.gov, checked 2026-09-15.

#FAQ

What happens if your flight is cancelled due to the weather?

4 regimes give different answers. UK261 and EU261: a refund within 7 days or re-routing, meals and, if you must stay overnight, a hotel, plus compensation unless the airline proves extraordinary circumstances. Canada’s APPR: rebooking within 48 hours or a refund, no compensation. US DOT rules: a full refund if you do not accept the airline’s alternative.

Are you due compensation if your flight is cancelled because of weather?

£520 under UK261 and €600 under EU261 are the top amounts, and a qualifying cancellation pays unless the airline proves extraordinary circumstances that all reasonable measures could not have avoided. Canada’s APPR pays none when weather makes safe operation of the aircraft impossible. US federal rules require none on domestic itineraries.

Do airlines pay for hotels if a flight is cancelled due to weather?

2 regimes require it: under UK261 and EU261 article 9, a hotel is owed for an overnight stay, even in extraordinary circumstances (McDonagh, C-12/11). Canada’s APPR requires one only for disruptions within the carrier’s control notified less than 12 hours ahead. In the US, 8 of 9 DOT dashboard airlines (11 Sep 2025) commit to hotels for controllable disruptions.

Can an airline blame weather from an earlier flight?

2020 ruling TAP Portugal (C-74/19) lets an airline under EU261 or UK261 rely on an extraordinary circumstance that hit the same aircraft’s earlier flight, but only with a direct causal link to your disruption. Canada’s APPR section 10(2) treats a directly attributable knock-on as outside the carrier’s control if it took all reasonable measures to mitigate.

Is fog or snow an extraordinary circumstance?

No ruling settles it: we found no CJEU or UK appeal-court judgment on fog, snow, ice or de-icing. Under EU261, C-108/26 (8 October 2026) treats weather that stops safe, on-schedule operation as extraordinary if reasonable measures could not avoid the disruption. Care and a refund or re-routing stay owed either way.