Ticket in hand, no room on board. Overbooking won't just give you compensation.

For many, choosing airlines as their vacation mode of travel is convenient and time-saving. However, problems sometimes arise at the airport, where you might find out not only that your flight has been delayed but also be denied boarding due to overbooking. This practice is common, but not everyone is aware of the rights passengers have in such situations.

Ticket in hand, no room on board. Overbooking won't just give you compensation.

photo: PeopleImages.com – Yuri A // Shutterstock

The holiday season is a prime time for international travel, so it's no surprise that many people choose to fly as a quick way to reach their destination. Upon boarding, boarding may be refused due to the number of passengers exceeding the number of tickets sold. This problem is well-known, but rarely discussed, although consumers have certain rights in this situation.

Overbooking is a common practice among carriers

Although airlines stipulate that, as a general rule, they don't sell more tickets than there are seats on the plane (this is stated in Ryanair's documents), customer experience and unofficial statements from carriers show that the problem is very real. When a passenger has completed all formalities, i.e., checked in and cleared security, they have the right to expect a seat waiting for them, but it turns out that this isn't necessarily the case. Overbooking, as we're talking about, stems from purely economic reasons: airlines calculate that customers often don't show up at the gate, which generates costs for the carrier and the environment (having to fly a plane that isn't 100% full increases the carbon footprint), hence the possibility of selling more tickets than there are available on the plane.

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Overbooking can also occur for other reasons beyond the carrier's control. If a plane breaks down, the airline has the option of providing another plane, sometimes with fewer seats. In such cases, not all ticket holders will be able to board, but affected passengers are entitled to compensation from the carrier.

Regulation 261/2004 to the rescue of passengers

The basis for pursuing claims against airlines for overbooking is European Commission Regulation No. 261/2004. According to this document, if the number of passengers exceeds the number of available seats, the carrier should first seek out those willing to cancel their flight in exchange for agreed benefits (e.g., monetary compensation). Passengers who choose to do so have the right to choose one of the following options:

  • Refund of the ticket price for the part or parts of the journey not made, including a possible return flight to the first point of departure,
  • Re-routing under similar conditions to the same destination at the earliest opportunity ,
  • Re-routing under comparable conditions to the same destination at a later date convenient for the passenger, subject to availability of seats.

It's worth noting that the above rules apply to voluntary boarding cancellations. If you choose to do so, you receive what you agreed upon with the carrier, but you have the choice of changing your flight date or canceling your flight altogether.

Compensation is available for denied boarding

If the airline finds no willing passengers to give up their seats, it may deny boarding to certain passengers against their will. Passengers are then entitled to compensation based on the distance from their final destination:

Compensation for being denied boarding against the passenger's will

Compensation

Distance from destination

250 EUR

Flights up to 1,500 kilometers

400 EUR

Intra-Community flights longer than 1,500 km

Other flights between 1500 and 3000 km

600 EUR

All other flights

Source: Bankier.pl based on Regulation No. 261/2004

As the European Consumer Centre reminds us, airlines cannot refuse to pay compensation, regardless of the reasons for denying boarding. However, the regulation allows for a 50% reduction in compensation if the carrier was able to offer passengers an alternative flight with an arrival time of no more than 2 hours for flights up to 1,500 km, 3 hours for intra-Community flights and other flights between 1,500 and 3,000 km, and 4 hours for all other flights.

Free meals, hotel and transportation

Regardless of financial compensation, a passenger who is denied a seat on board is entitled to a refund of the ticket price or a change of flight plan and assistance from the carrier, i.e. free of charge

  • Meals and drinks tailored to the waiting time for a new connection,
  • Hotel accommodation if you need to spend at least one night there,
  • Transport between the airport and place of accommodation ,
  • Two phone calls, emails and faxes.

According to information from the airlines themselves, if they are unable to provide the above-mentioned funds, the passenger can arrange them themselves and then apply for a refund after presenting the receipts. However, reading travel forums and social media shows that the compensation process itself can take months.

What about hotels and tours?

Airline compensation compensates passengers for the inconvenience of being denied boarding and changing their flight. Unfortunately, it doesn't resolve the issue of hotel accommodations or travel agency bookings. The latter is governed by separate regulations, which allow for assistance from the tour operator. However, if you organized your trip yourself, you may still be responsible for accommodation costs at your destination. While trip cancellation insurance exists, it only covers specific cases, such as illness or other unexpected events, not boarding difficulties. If you find yourself in such a situation and the hotel refuses to make concessions, you'll be left with the cost of accommodation and, if necessary, pursue a claim against the airline.

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