Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.
"Extraordinary circumstances"
high likelihoodThe airline asserts extraordinary circumstances without identifying what they were, or names a category ("operational reasons", "aircraft rotation") without evidence.
What answers it
Article 5(3) exonerates the carrier only "if it can prove" the extraordinary circumstance. The burden lies on the airline, not on you. You do not have to establish why your flight was disrupted in order to be paid. A bare assertion is not proof. Ask, in writing, for: the specific event, its date and time, the aircraft registration, and the evidence relied on. Even where an extraordinary circumstance is made out, the carrier is only excused if it also proves the disruption could not have been avoided even if all reasonable measures had been taken — which includes deploying reserve aircraft or crew, and re-routing the passenger on another airline where that was open to it. Asserting the circumstance without addressing this second limb is not a defence.
Regulation (EC) No 261/2004, Art. 5(3) — Art. 5(3)
"It was a technical fault"
high likelihoodThe airline says the aircraft went unserviceable and treats that as automatically extraordinary.
What answers it
A technical problem is not, as such, an extraordinary circumstance: Wallentin-Hermann v Alitalia (C-549/07). Nor is a spontaneous premature component failure, even one that appeared without warning on a correctly maintained aircraft: van der Lans v KLM (C-257/14). Only a hidden manufacturing defect revealed by the manufacturer or a competent authority, or sabotage, will do — and the airline must produce the service bulletin or airworthiness directive.
Wallentin-Hermann v Alitalia, C-549/07
"It was the weather"
high likelihoodThe airline cites weather generically, often for a day on which most flights operated normally.
What answers it
Recital 14 requires "meteorological conditions incompatible with the operation of the flight concerned" — not merely bad weather. Ask for the specific condition, the METAR and TAF for the airport and time window, and an explanation of why other flights operated when yours did not. Then ask what re-routing was considered: the second limb of Article 5(3) is not satisfied by pointing at a cloud.
Regulation (EC) No 261/2004, Recital 14 — Recital 14
"We have offered you a voucher"
high likelihoodThe airline offers travel vouchers, often for more than the cash figure, and treats acceptance as settling the claim.
What answers it
Article 7(3) requires payment in cash, by electronic bank transfer, bank order or cheque. Vouchers are permitted ONLY "with the signed agreement of the passenger". You have not signed anything, and you decline. Please pay in cash to the account below.
Regulation (EC) No 261/2004, Art. 7(3) — Art. 7(3)
"But we re-routed you"
high likelihoodThe airline says that because it found you another flight, no compensation is payable at all.
What answers it
Article 7(2) provides for a REDUCTION of 50%, and only where the re-routed arrival was within two, three or four hours of the original by distance band. It does not extinguish the entitlement. Re-routing discharges the separate Article 8 obligation; it does not answer Article 7.
Regulation (EC) No 261/2004, Art. 7(2) — Art. 7(2)
"The delay was under three hours"
high likelihoodThe airline measures the delay at departure, or to touchdown, or to the moment the aircraft reached its stand.
What answers it
The relevant delay is the one at your FINAL destination (Sturgeon; Folkerts for connections), and "arrival time" is the moment at least one door was opened and passengers were permitted to leave — not touchdown and not on-blocks: Germanwings v Henning (C-452/13). Please state the door-open time.
Germanwings GmbH v Ronny Henning, C-452/13
"That was our partner airline, not us"
medium likelihoodThe marketing carrier points at the operating carrier, or the operating carrier points at the ticket.
What answers it
Article 2(b) defines the operating air carrier as the one that performs or intends to perform the flight, and Articles 4, 5 and 7 place every obligation on it. If you operated the flight, you owe the compensation regardless of whose code was on the ticket. If you did not, say so and identify who did.
Regulation (EC) No 261/2004, Art. 2(b) — Art. 2(b)
"The aircraft arrived late from a previous flight"
medium likelihoodThe airline relies on an extraordinary circumstance that affected an earlier rotation of the same aircraft.
What answers it
If you rely on an event earlier in the aircraft’s rotation, please establish the direct causal link to my flight and explain what reasonable measures you took in respect of MY flight — including whether you considered re-routing me on another carrier. Per LE v Transportes Aéreos Portugueses (C-74/19), an extraordinary circumstance affecting an earlier flight does not automatically exonerate you for a later one.
LE v Transportes Aéreos Portugueses SA, C-74/19