Airline Overbooked Flight Compensation: Your Rights & How to Enforce Them
The first clue that you're on an overbooked flight is when the gate attendant asks for volunteers to take another plane. They'll usually offer a travel voucher, and anyone who isn't in a hurry might take it, thinking they're getting a good deal. Why not take a later flight and get a couple hundred dollars for doing so?
Because the airline may owe more overbooked flight compensation for bumping you off the flight than that.
The practice of overbooking flights is more common than you might think in the travel industry. Airlines can sell more seats than they have available – as they assume that not all passengers will show up for the flight. If all passengers do show up, some may be denied boarding or “bumped” off the flight.
Luckily there are laws in place to ensure passengers are properly compensated if that happens. Knowing your air passenger rights will help you decide what to do next and get the proper airline bumped from flight compensation that is owed to you.
Are You Eligible for Overbooking Compensation?
According to EC 261 regulations, passengers have the right to claim compensation in cases of overbooked flights, commonly referred to as bumped from flight compensation. If you find yourself in a situation where you have been denied boarding, you may be eligible for compensation. Specifically, you can file a claim for a substantial sum of $650 (€600) in cash. This compensation serves as recompense for the inconvenience and disruption caused by being bumped due to an overbooked flight. It's important to be aware of your rights and take action to ensure you receive the airline overbooking compensation you deserve in such situations.
The flight took off in the EU (from any airline) or landed in the EU (provided that the airline is headquartered in the EU).
You did not volunteer to surrender your seat in exchange for vouchers or other benefits.
You were not denied boarding for a reason under your control (for example, you showed up too late at the departure gate, or did not have the correct documentation).
You encountered these problems on a flight operated no more than three years ago.
You have not already received compensation for your overbooking from the airline.
Your Rights on Overbooking
Definitions: Overbooking and Denied Boarding
What Does Overbooking a Flight Mean?
Overbooking flights is the practice of selling more tickets than there are seats on a plane. Airlines are allowed to do this as they know that it is unlikely that all passengers will show up at the airport. Some estimates put the number of “no-show” passengers between 5% – 15%.
Airlines usually pay careful attention to each of their routes’ statistics and only sell as many extra seats as are likely to become available. However, they don’t always get it right, which may result in passengers with valid tickets being denied boarding, and the airline will have to pay compensation to the passengers for bumping them from the flight.
What Does Denied Boarding Mean?
Being denied boarding may cover a range of circumstances. If you are denied boarding through no fault of your own, the laws in the US and EU will ensure you receive compensation for the inconvenience. However, if you are denied boarding due to something that is your fault, these laws will not apply. Examples include not having the relevant documents, arriving too late at the gate, or acting in an abusive manner.
Overbooking on EU Flights
While overbooking is more common in the US than in Europe, it does still happen, so you should be aware of your rights to claim compensation for overbooked flights. Europe has strong air passenger rights thanks to regulation EC 261. This regulation is clear; passengers are entitled to up to €600 compensation if they are bumped from their flight against their will.
There are some important points to be aware of though:
Only Involuntary Boarding Denials Are Covered
If you volunteer to surrender your seat in exchange for a refund, an alternate flight, or other benefits, you also surrender your right to oversold flight compensation under EC 261. Likewise, if you compromise your own ability to board the flight, you lose your right to compensation. Some examples of this would be:
Showing up too late to board
Not having the proper documentation (such as a boarding pass)
Creating a security, health, or safety concern
European and Many International Flights Are Covered
EC 261 applies to all passengers on flights within Europe, as well as flights that depart from a European airport, and those that land in Europe on a European airline. This chart makes the coverage clear:
| Itinerary | EU air carrier | Non-EU air carrier |
|---|---|---|
| From inside the EU to inside the EU | ✔️ Covered | ✔️ Covered |
| From inside the EU to outside the EU | ✔️ Covered | ✔️ Covered |
| From outside the EU to inside the EU | ✔️ Covered | ❌ Not Covered |
| From outside the EU to outside the EU | ❌ Not Covered | ❌ Not Covered |
EC 261 also applies in Iceland, Norway, Switzerland and the so-called “outermost regions” (French Guiana and Martinique, Mayotte, Guadeloupe and La Réunion, Saint-Martin, Madeira and the Azores, and the Canary Islands).
You Are Entitled to Your Compensation Straight Away
Compensation for overbooked flights is due immediately once you are denied boarding. And we mean right there, at the airport. That is in addition to being entitled to re-routing on an alternate flight to your destination.
Don’t worry if you didn’t get your money at the airport though. AirHelp can still help you claim afterward.
Overbooking Flights in the US
In general, overbooking flights is more common in the US, so there are strong laws to protect passengers and ensure they get compensated if they are bumped from their flight. Remarkably, passengers traveling on international flights departing from the United States may qualify for a generous oversold flight compensation, amounting to as much as $1,550. These regulations are in place to ensure that passengers' rights are upheld and that they are duly compensated for any inconveniences caused by overbooking.
Here’s what you need to know:
Overbooking Compensation for Flights
Overbooked Flight Compensation in Europe
When it comes to securing the compensation you deserve for overbooked flights, it's important to grasp that the payout amount is determined by two critical factors:
Travel Distance: The distance of your journey is a key determinant if you're entitled to airline compensation.
Flight Location: Whether your flight falls within the European Union (EU) jurisdiction or not is another factor influencing the compensation for the overbooked flight.
We love charts, so here’s one that explains how much you’re eligible for under EC 261, based on your flight details:
| Distance | Compensation |
|---|---|
| All flights 1,500 km or less | €250 |
| Internal EU flights over 1,500 km | €400 |
| Non-internal EU flights between 1,500 km - 3,500 km | €400 |
| Non-internal EU flights over 3,500 km | €600 |
Other Entitlements Under EC 261
The European regulations on air passenger rights cover a lot more than compensation. We’ve included a few highlights below that haven’t been covered in detail yet.
Obligation to Inform Passengers of Their Rights
Your first basic right is to be informed about the content of EC 261. Every airline has to display information on passengers’ rights at their check-in counters in every airport where they operate.
Right to Reimbursement or Re-Routing
If you are denied boarding, in addition to compensation for your loss of time, you are entitled to either:
A full or partial refund of your original ticket and a return flight to your point of departure, if needed.
The earliest possible alternative transport to your final destination.
A new ticket to your final destination at a later date of your preference, subject to seat availability.
Note: Any transport between airports must be arranged at the expense of the air carrier.
Right to Care
During the delay, the carrier must provide you with:
Meals and refreshments.
Access to communications, including two telephone calls, telex or fax messages, and emails.
If overnight accommodations are necessary, they must provide you with a hotel room and transportation to and from the airport.
Upgrading and Downgrading
If you are offered an alternative flight and placed in a higher class than the one you booked, the air carrier cannot charge you any additional payment. On the other hand, if the class of the alternative flight is lower, you can get a reimbursement between 30% and 75% of the price you originally paid.
Further Compensation
Your right to compensation under EC 261 does not affect your right to request further compensation. This rule does not apply when passengers voluntarily surrender their reservations. Of course, the amount you are entitled to under EC 261 may be deducted from whatever additional compensation you receive.
For all the legal mumbo-jumbo, straight from the source, you can also read the actual text of EC 261.
Bumped from Flight Compensation under US regulations
When it comes to securing your rightful bumped from flight compensation, understanding the amount you're entitled to hinges on two factors:
Delay in Arrival Time: The extent to which your scheduled arrival time at your destination* differs from your original itinerary, especially when you opt for re-routing on an alternative flight.
Flight Type: Whether your flight falls under the category of a US domestic flight or an international flight.
We've created an informative chart for a comprehensive breakdown and clarity regarding your potential airline overbooked compensation under these circumstances. By simply cross-referencing your flight details with this chart, you can easily check the compensation amount you may be eligible to receive. We aim to make the process transparent and accessible, ensuring you are well-informed and prepared to claim your bumped from flight compensation.
| Length of delay | 0-1 hours | 1-2 hours | 2-4 hours | 4+ hours |
|---|---|---|---|---|
| Domestic | $- | 200% of one-way fare to your destination*- not to exceed $775 | 400% of one-way fare to your destination*- not to exceed $1,550 | 400% of one-way fare to your destination*- not to exceed $1,550 |
| International | $- | 200% of one-way fare to your destination*- not to exceed $775 | 200% of one-way fare to your destination*- not to exceed $775 | 400% of one-way fare to your destination*- not to exceed $1,550 |
* “Destination” means your final destination or the first place where your journey includes a planned interruption with a stop-over of more than four hours.
If the airline does not make any substitute travel arrangements for you, you are entitled to 400% of the one-way fare price, not to exceed $1,550 as well as any optional fees paid as part of your reservation (e.g. bag fees, seat upgrades, etc.).
You’re entitled to cash, so don’t feel obligated to accept travel vouchers or any other alternative forms of compensation.
What to Do If You're Denied Boarding due to Overbooking
If the airline doesn’t let you board your flight when you haven’t done anything wrong, it can be incredibly stressful. But don’t worry – you do have rights.
Follow our step-by-step guide to make sure you get the information you need to enforce your rights, and claim the compensation you’re entitled to. If you’re flying in Europe, AirHelp can also help you to claim for up to €600 per person.
What to do at the airport if you’re denied boarding
What information should I collect to support my overbooking claim?
For flights covered by EC 261 compensation for being denied boarding is due immediately!
(So ideally you won’t have to go through the claim process.)
However, if you didn’t get paid at the airport, not to worry ⎯ you can still file an EC 261 claim after the fact.
If the airline isn’t keen to pay you compensation straight away, you can submit a claim later. But even when the law is on your side, the airline might not be enthusiastic – or particularly quick – about paying you.
To give your claim the best chance of succeeding, here are the documents and details you should collect:
Hold on to your original documents related to the disrupted flight and new documents issued for any alternative flights – such as e-tickets and boarding passes.
Ask the ground crew for information about what is causing the issue. Take screengrabs or photos of any written communications.
Keep a few notes about the disruption, including the actual arrival time at your final destination.
Any information you can collect – like photos of the departures board at the airport or any communications from the airline confirming the disruption will be useful for your claim.
Can I claim if an airline I flew with has been bought out?
If the airline still operates and keeps its original trade name and IATA code, you can claim with them as normal. However, if the airline no longer exists, there is a high chance that you will no longer be able to get your compensation.
How to claim overbooking compensation with AirHelp
Many passengers feel they don’t have the time or expertise needed to make their airline pay out when they’ve been denied boarding. But AirHelp can make the claim process simple and straightforward. We can submit a claim under EC 261 on your behalf. We will build your case for compensation and handle all the back and forth with the airline.
We’re the largest and most successful flight compensation company in the world, and we’ve been helping air passengers since 2013. Your compensation claim will be in safe hands.
To start your claim you just need to provide a few details about your flight.
Common Questions About Overbooked Flights
Why Do Airlines Overbook?
Can Airlines Overbook Flights?
How Much Compensation for an Overbooked Flight?
Who Gets Bumped on an Overbooked Flight?
What Happens When Flights Are Overbooked?
Know more about your rights
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