Flight Delayed Because of a 'Technical Fault'? You're Still Owed Compensation
Airlines routinely blame technical faults for delays and cancellations, hoping you'll assume that means no compensation. In most cases, you're still owed it.
"Technical fault" is the single most common reason airlines give for a delay or cancellation, and it's also the most commonly misunderstood. Passengers often assume a mechanical problem automatically counts as an "extraordinary circumstance" that lets the airline off the hook. In reality, it almost never does, and this is one of the most winnable claim types there is once you know the rule.
The court ruling that settled this
In 2008, the Court of Justice of the EU ruled in Wallentin-Hermann v Alitalia that a technical problem is only an extraordinary circumstance if it stems from an event that isn't inherent in the normal exercise of the airline's business, and is genuinely outside the airline's control. Routine wear and tear, maintenance issues, mechanical failures and technical problems that surface during normal operation are treated as an inherent part of running an airline, not an outside event. In practice, that means most "technical fault" delays qualify for compensation, not the other way around.
What can legitimately count as extraordinary
- A manufacturing defect affecting an entire model of aircraft, discovered mid-fleet and requiring emergency grounding, as confirmed by the manufacturer or a safety authority
- Damage from a bird strike, lightning strike, or other sudden external event, provided it wasn't foreseeable and inspectable in routine checks
- Sabotage or an act of terrorism affecting the aircraft
What almost never counts
- A part failing or wearing out during scheduled maintenance or a pre-flight check
- A warning light, hydraulic issue, or software fault discovered before departure
- An aircraft being taken out of service for unscheduled repairs
- Any fault the airline could reasonably have anticipated or prevented through normal maintenance
Airlines know most passengers won't push back on "technical fault" as an explanation, so they use it as a default line even when the underlying cause would clearly fail the Wallentin-Hermann test if actually examined.
The airline has to prove it, not you
The burden of proof sits entirely with the airline. If they reject your claim citing a technical fault, they have to demonstrate the specific cause was genuinely outside their control and unforeseeable, not just repeat the phrase "technical issue" in a rejection email. A vague or unsubstantiated rejection is exactly the kind of response worth escalating rather than accepting.
How much can you claim?
- £220 or €250 for flights under 1,500km delayed 3+ hours
- £350 or €400 for flights 1,500-3,500km delayed 3+ hours
- £520 or €600 for flights over 3,500km delayed 4+ hours
How far back can you claim?
You have 6 years to bring a claim in England, Wales and Northern Ireland, and 5 years in Scotland.
How to claim
Klaimly knows exactly how far a "technical fault" excuse actually goes under the law, and challenges vague rejections rather than accepting them at face value. We handle the claim end to end for a flat 5% fee, only if we win. No VAT, no minimum fee, and nothing to pay unless your claim succeeds.