How to recover funds despite “extraordinary circumstances”?
The geopolitical situation in the Middle East and the resulting air travel restrictions currently pose one of the greatest challenges for passengers seeking compensation for disrupted travel. As a lawyer specializing in aviation and insurance law, I have prepared a legal analysis for you that outlines viable avenues for pursuing claims, even in the face of force majeure.
Many passengers mistakenly assume that a force majeure event (e.g., airspace closure) definitively bars them from receiving any compensation. While extraordinary circumstances may exempt the carrier from paying lump-sum compensation, they do not relieve it of other, costly financial obligations to the passenger.
- Claims for reimbursement of costs incurred (Articles 6 and 9 of Regulation 261/2004)
If a flight is cancelled due to the situation in the Middle East, the airline will invoke Article 5(3) of Regulation (EC) No 261/2004 to avoid paying a lump sum (EUR 250-600). However, according to the established case law of the Court of Justice of the EU (in particular the judgment in Case C-12/11 McDonagh), the duty of care is absolute.
If the airline failed to provide you with meals, accommodations, or transportation, you are entitled to a full refund of your out-of-pocket expenses. This claim is not compensation in the strict sense, but rather reimbursement for expenses resulting from a failure to properly perform a duty of care. The expenses must be "necessary, appropriate, and reasonable." A claim supported by invoices is nearly impossible to dismiss in court, regardless of the reason for the flight delay.
2. Montreal Convention (Flights outside the EU)
For flights operated by non-EU carriers (e.g., Emirates, Qatar Airways) on return routes to Poland, Regulation 261/2004 does not apply. In such cases, the legal basis is the 1999 Montreal Convention.
The possibility of obtaining remedies under Article 19 of the Convention is that the carrier is liable for damage resulting from delay. The carrier's liability limit is approximately PLN 21,000. Although the Convention also provides for an exclusion of liability in the event of force majeure, the burden of proof rests entirely with the airline. It must prove that it took all reasonable measures to avoid the damage. In legal proceedings, it is often possible to demonstrate that, despite the closure of the airspace, the airline could, for example, have rebooked the passenger more quickly on an alternative route.
3. Ticket refund and voluntary cancellation of tickets
From a procedural perspective, it's crucial to distinguish the moment of cancellation. eligible for a full refundwhen your flight is formally canceled by the carrier. Under Article 8 of Regulation 261/2004, you can then request a full refund of your ticket within seven days. At the same time, please remember that canceling your reservation before the airline's official announcement (even if you have a justified safety concern) is considered a voluntary withdrawal from the contract. This results in billing at the current fare, which usually means no refund.
Therefore, we recommend patience and not canceling your ticket yourself. You should wait for the flight cancellation notification to activate your right to a full refund. Collect invoices (not just receipts) for every meal, coffee, taxi, and hotel. These are the basis for a claim for reimbursement of care costs. Even in the event of force majeure, the airline must prove that it could not have redirected you. If other airlines were flying, you have a valid claim for compensation. The above analysis is for informational purposes only and does not constitute legal advice on individual cases. Each case requires analysis of the carrier's regulations and detailed factual circumstances.
If your flight has been canceled in recent days, the Law Firm can help you verify your ability to recover your funds.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of March 25, 2026.
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