Booking a flight gives passengers a sense of security - but what happens if the flight is overbooked and you find out at the airport that your seat is no longer available? Overbooking is a common practice for airlines to ensure that all seats are filled. However, this sometimes results in passengers not being able to board their flight. In this article, you will find out what rights you have as a passenger in the event of an overbooking and what compensation you are entitled to.
What is an overbooking and why does it happen?
Overbooking occurs when airlines sell more tickets than there are actually seats available. This happens because the airlines assume that some passengers will not turn up or will cancel their flight. In most cases this strategy works, but sometimes more passengers turn up than there are seats available. In such cases, some passengers have to miss the flight involuntarily - this is called denied boarding due to overbooking.
However, there are clear regulations that define what rights you have as an affected passenger and how you must be compensated.
Your rights in the event of denied boarding due to overbooking
If you are denied boarding due to overbooking, you are entitled to compensation under the EU Passenger Rights Regulation (EC 261/2004). Before the airline involuntarily rejects you, it must first look for voluntary passengers who are willing to give up their seat - often in conjunction with offers such as travel vouchers or other incentives.
1. Replacement transport: The airline must either offer you alternative transport to your destination or refund the ticket price. You can also choose to take the next available flight or later transport.
2. Assistance services: If you are rebooked onto a later flight and this results in a significant wait, you are entitled to care services. This includes:
Meals and drinks, depending on the waiting time.
Hotel accommodation (incl. transport) if the replacement flight is not until the next day.
Two free telephone calls, e-mails or fax messages.
3. Compensation: In addition to rebooking or reimbursement of the ticket price, you are entitled to financial compensation, the amount of which depends on the flight distance:
250 EUR for flights up to 1,500 km,
400 EUR for flights within the EU or for other flights between 1,500 and 3,500 km,
600 EUR for flights over 3,500 km.
These compensation payments are granted independently of other benefits such as replacement transport or care services.
Have you also had difficulties claiming your compensation directly from the airline? Let us help you! Submit your case to Captain Frank and we'll take care of the rest.
How to enforce your compensation for overbooking
In most cases, airlines will try to compensate you directly at the airport or rebook you on the next flight. However, if this is not the case or the airline refuses to compensate you, you should take the following steps:
- Claim your compensation in writing: Keep a record of all relevant information, including boarding pass, booking confirmation and communication messages from the airline. Submit your claim in writing to the airline.
- Use legal service providers such as Captain Frank: If the airline does not respond or rejects your claim, a legal service provider such as Captain Frank can help. The advantage: you don't have to deal with the often tedious and lengthy process yourself. Captain Frank takes over the case and enforces your compensation - without any cost risk, as you only pay if the case is successful.
- Avoid hasty offers: Airlines often offer voluntary passengers vouchers or other perks to find an immediate solution. Before accepting such an offer, you should make sure that it fulfils your rights and that the compensation is sufficient.
The conclusion:
Overbooking is annoying for passengers, but your rights are clearly regulated. If you cannot be transported due to an overbooking, you are entitled to alternative transport, care services and financial compensation. In order to enforce these claims, it is important to know your rights and, if in doubt, to seek the help of a specialised legal service provider such as Captain Frank.
Ready to get your compensation?
Foto von Suganth auf Unsplash
