Flight overbooked?

01Airline Overbooked Flight Compensation – What Are Your Rights?

Imagine planning to board your plane, only to hear the flight attendant ask if anyone wants to go on a different flight. The offer might sound appealing if you are not in a hurry to take that flight. You can get things such as travel vouchers for your troubles, perhaps even be put in a nice hotel if the next flight out is on the following day.

As good as that might sound, this could actually put you at a disadvantage. That’s because you might receive more in overbooked flight compensation when you are bumped unwillingly from the flight.

This action is likely more common than you think, as airlines are legally allowed to book more seats than they have. Not every passenger gets to their flight, so they will have to cover their potential losses. However, if they all show up, that’s when they come across a different problem: overbooking.

As luck may have it, there are laws that can prevent passengers from being taken advantage of like that. Should you be bumped from your flight, you may be owed different amounts of compensation. You just need to know your rights!

02Who Can Get Overbooking Compensation?

Technically speaking, anyone who has been bumped from their flight because “there are no more seats” is eligible for receiving overbooked compensation. If you have been denied boarding without voluntarily giving up your seat, then you may qualify for up to 600 EUR in compensation.

This compensation serves as a type of payment for the inconvenience you went through after being bumped from your flight. When this happens, EC 261 protects you, and you are eligible to receive compensation. Here are the conditions for getting airline overbooking compensation.

• Your flight originated from the EU (regardless of the airline) or arrived at an EU airport.
• You didn’t offer to give up your seat in exchange for benefits or travel vouchers.
• You had the issue on a flight that happened three years ago or less (depending on the country).
• The reason for the denied boarding wasn’t under your control (e.g., you lacked the paperwork or were late to the gate).
• The airline didn’t already give you compensation for your overbooking.

If these requirements are met, then StopDelay can help you have your rights to compensation respected.

03What Are Your Rights for Overbooking

• Understanding Overbooking and Denied Boarding
• The Issue of Overbooked EU Flights
• What If the Overbooked Flights Were in the US?

Understanding Overbooking and Denied Boarding

When filing for a claim, you need to understand what exactly overbooking means, along with the definition of denied boarding. This way, you can know what documentation to gather to have your rights respected.

• What Is An Overbooked Flight?

Flight overbooking is a common practice that airlines use to sell more tickets than the plane’s seat availability. Airlines are legally permitted to do this, as it is known that not all passengers will make their flight. This can be anything from 5% to 15%, depending on the route.

Having said that, this does not allow airlines to wash their hands off if passengers actually show up. They need to be very careful when it comes to the route statistics and how many show up. If the percentage they get is far from correct or everything is on time for a change, it could cause valid ticket holders to be denied boarding. If this happens, denied passengers are entitled to compensation.

• What about Denied Boarding?

Denied boarding can happen for various reasons – your fault or not. For instance, you may be denied boarding if you were too late to the gate or didn’t have essential documents such as your passport. If you are rude to the point of being abusive, the airline could also deny your boarding or even take you off the plane after you boarded.

That said, if the reason for your denial was not your fault, then the responsibility falls entirely on the airline. Should this happen, then you have the right to receive compensation for your inconvenience under the regulations outlined by EC 261.

04The Issue of Overbooked EU Flights

Every passenger should be aware of their right to compensation for overbooked flights. Luckily, because of EC 261, Europe has air passenger’s rights protected. It’s clearly stated there that, depending on circumstances, they can get up to 600 EUR in compensation.

Still, there are a couple of aspects to keep in mind:

• Only Involuntary Denials Are Eligible

Before officially denying people on the plane, flight attendants will use a different tactic: ask around to see if any people wish to take the next plane in exchange for benefits. If you accept their offer, you automatically give up your right to any compensation under EC 261.

Moreover, if you’re the one who caused this ordeal, they can prevent you from boarding without risking compensation claims. Some examples include the following:

• You forgot essential travel documents or lost your boarding pass along the way
• You were too late showing up at the gate, and they already closed it
• You are deemed a safety, health, or security issue

It’s important to learn more about the reason why you were denied before filing for compensation.

• Some International Flights May Not Be Covered

According to EC 261, all passengers flying within Europe have the right to receive compensation if they are denied boarding. The table below should give you some ideas about whether a specific type of flight is covered by EC 261.

EC 261 also applies to countries such as Norway, Iceland, and Switzerland, along with the outermost regions of the EU. As a result, if you get denied boarding in airports from Mayotte, French Guiana and Martinique, Saint Martin, Guadeloupe and La Reunion, the Canary Islands, or Madeira and the Azores, then you are covered.

• You Should Get Compensated Right Away

When denied access, compensation for overbooked flights should be given immediately. Right there, at the airport, the moment it happens. This is an extra amount of money you should receive, in addition to being given a refund or an alternate flight.

Sadly, airlines never let themselves go down without a fight, and they might try to wiggle their way out of it with travel vouchers. In case they try denying your right alongside your boarding, StopDelay can help you claim your rights.

What If the Overbooked Flights Were in the US?

The US gets more overbooking cases than anywhere else in the world. This led to the creation of some very strong laws for protecting passengers if they end up getting bumped. In the end, international passengers flying from the US can get a generous $1,350 in compensation for their discomfort.

While these laws have been placed in check to protect air passenger rights, you ought to keep in mind that not all flights are covered. Here’s what passengers should know:

• Only Denied Boarding Due to Overbooking Can Qualify

The regulations in the United States are rather strict: only those who have been denied boarding as a result of overbooking can get this kind of compensation. But they can’t just start kicking people off the plane and putting them on the next flight against their will. They first need to find out if any volunteers want to surrender their seats in exchange for benefits.

• Denial Has to Be Involuntary

Again, you only qualify for compensation if you were bumped off the flight against your will. Otherwise, US regulations will no longer take your side if you willingly give up your seat. Airlines can try to sweeten the deal by offering travel vouchers, benefits, alternative flights, and refunds, so it’s up to you whether or not you want to accept it.

• US Flights Are Also Covered

You might think that if you are traveling between different US states or departing from a US airport with a US carrier, you are not covered. Indeed, EC 261 doesn’t cover international flights to the US unless they are with an EU carrier. But that doesn’t mean the US has no laws to keep the airlines in place. One way or another, you can still get compensation for being bumped off your flight, and we can help you get your money.

05Understanding Overbooking Compensation for Flights

• What You Are Owed for Overbooked Flight Compensation in Europe (EC 261)
• Other Things EC 261 Entitles You To
• Understanding Overbooked Flight Compensation Under US Regulations

What You Are Owed for Overbooked Flight Compensation in Europe

When filing for the compensation you deserve for overbooked flights, you should understand exactly what you are entitled to. The amount is generally calculated based on distance and location. The longer the distance, the more compensation you can receive.

Moreover, whether or not you fall under the EU jurisdiction can also affect how much compensation for the overbooked flight you can get. Here is a table that can help you understand the average compensation amount:

For the most part, calculating your compensation is easy as long as you have the correct info. You can use our eligibility tool to determine exactly how much you are owed.

Other Things EC 261 Entitles You To

EC 261 helps you cover more claims than the one for compensation. Here are some rights that you may or may not have known about:

1. Right to Information

While the airlines may try to beat around the bush, EC 261 legally obligates them to inform you of your rights. This information should be available at the check-in desk whenever you want to access it.

1. Right to Re-Routing or Reimbursement

If you’ve been denied boarding a flight that you have already paid for, the airline is responsible for finding the earliest flight to get you to your destination. If there is too much of a delay, they can give you a new ticket for the same destination at a later date, when it is more suitable for you. If necessary, the airline supports potential transfers to different airports.

1. Right to Care

If you have been bumped from your flight, chances are that you will have a bit of waiting to do. If two hours have passed and you are not put on the next plane, you have the right to food, refreshments, and means of communication. Hotel costs should also be covered if you end up staying overnight.

1. Upgrading and Downgrading

If you are upgraded on your alternative flight, the airline has no right to charge you any additional payments. On the other hand, if you are downgraded, you should be able to get back 30%-70% of what you paid.

1. Further Compensation

Each case is special, so depending on various EC 261 clauses, you may have the right to further compensation. Our professionals at StopDelay can help you understand what you are entitled to.

06Overbooked Flight Compensation Under US Regulation

When it comes to getting your airline overbooked compensation, you need to understand that the amount depends on two factors: how long the delay was and what distance you were supposed to travel. Different aspects may add to the complexity, but the table below should give you some ideas.

Delays shorter than an hour do not qualify, so you should ensure you have the hours right.

07Overbooked Flight Compensation for Denied Boarding

Being bumped by the airline can be very stressful, but there’s no reason to panic. Your rights should be respected, and you should get compensation. StopDelay can help you claim up to 600 EUR if you are flying over a European jurisdiction.

• Steps to Take If You Are Denied Boarding
• What Information to Collect
• How to Get Overbooking Compensation with StopDelay

Steps to Take If You Are Denied Boarding

If you were not allowed to board the aircraft despite being a ticket holder, there are several steps to take. This includes the following:

1. Don’t Voluntarily Give Up Your Seat

The airline will try to make a compelling offer for you to give up your seat (e.g., offer travel vouchers or bump you to first class on the next flight). Indeed, if their offer is compelling enough to you and it doesn’t bother you to wait, then you can take it. Keep in mind that if you do so, you lose your right to file for extra compensation. Ultimately, the decision belongs to you.

1. Gather Your Travel Documents

Like any other claim, you need to prove that you were indeed supposed to be on that plane and eventually weren’t. Having your boarding pass is recommended, but if you don’t have one, you can use any other document that includes the reference number (a six-digit code made of numbers and letters).

1. Ask for the Reason

Air passengers are usually “bumped” from their flight simply because it was overbooked. However, there may be other causes for that. Ensure that they give you a good reason and that you get a written statement.

1. Ask About an Alternate Flight

When you’ve been denied boarding, you have two options ahead of you. You can opt for a refund on your ticket and a potential return flight if the denial happens at a connection. Two, you have the right to an alternate flight that arrives close to the original one.

1. Request for Compensation

If they give you an alternative and it arrives later than 3 hours, then you have all the right to request further compensation. EC 261 says that the airlines should offer it immediately, but to ensure you get everything you are owed, you should contact StopDelay first.

1. Ask If They Offer Refreshments and Meals

You are stuck at the airport for longer than you intended to, so naturally, you will eventually feel hungry or thirsty. This is not just being hospitable; it’s the law. They should cover it if you’re there for two hours past your original departure time.

1. Inquire About Accommodations

If the next flight takes place the next day, you shouldn’t be sleeping at the airport – especially if the reason was overbooking. If it wasn’t your choice not to board the plane, the airline should cover your accommodation. If the hotel is not within easy walking distance of the airport, they should also provide transportation.

1. Keep the Receipts

This denied boarding can cost you extra money, and it’s not just at the airport. For instance, you might not be able to make a hotel reservation that you already paid for, or it may cause you to miss a day of a pre-paid event. International air passengers, in particular, should be able to get compensation for this travel disruption cost loss.

1. See If You Are Eligible

Last but not least, you should determine whether or not you are eligible and what exactly you are entitled to. For that, we invite you to use the StopDelay eligibility checker.

What Information to Collect

Even if the airline does not give you your compensation immediately, you should be able to file later. Remember that while the law may be on your side, the airline won’t be too busy to pay you. This is why you should collect all the relevant information, which can include:

• Original flight documents, along with new ones given as an alternative flight
• Information about the reason for your denied boarding (written communications or screenshots)
• Notes on the disruption, including the time you got to your final destination (e.g., pictures of the board

Whatever information you can grab to support your case can be useful, so ensure you are thorough.

How to Get Overbooking Compensation with StopDelay

Getting your due compensation for denied boarding can be stressful, and not everyone has the time and expertise to do it. Also, airlines will try to hang onto every loophole possible to ensure they don’t have to pay you. The process is made easier with StopDelay, as we have profound knowledge of EC 261 and can handle all that back and forth on your behalf.

We are the world’s most successful flight compensation company and have won over 250,000 compensation cases. Our team can help you get your hands on your compensation, regardless of where you may be.