Compensation for overbooking
Claim for an overbooking
You are entitled to a compensation of 250 to 600 euros + any expenses + moral damages.
A claim for an overbooking in your flight may get a compensation of 250, 400 or 600€ depending on the distance of that flight. In the table below you can see the money you should get per passenger according to distance:
Flight under 1500 km
With the characteristics below-
Airline based in the EU
-
OR
-
Flight departure from the EU
Flight between 1500-3000 km
With the characteristics below-
Airline based in the EU
-
OR
-
Flight departure from the EU
Flight over 3500 km
With the characteristics below-
Airline based in the EU
-
OR
-
Flight departure from the EU
Compensation for extra expenses
Compensation for extra expenses
But this is not the only thing you can request to your airline. You can also ask for a compensation for the next expenses:
- If you had to buy a new ticket due to the problem with a flight, you can also ask for the money of the new ticket to your original airline.
- If you cancelled your trip because the new date makes no sense, the airline must give you back the money for the ticket and all generated expenses in destinations (hotels, tours, …)
- The airline has to pay for all expenses generated while you wait for a new flight too (food, hotel in the airport, taxis, …)
What is an Overbooking?
Once a passenger has received a flight ticket or any document stating the payment has been accepted and registered for the flight, it is a “confirmed reservation”. Boarding denials happen when a passenger presents to the gate but the airline refuses their access to the plane.
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We will evaluate if your claim meets the requirements to be successful FOR FREE. Just fill in the form in the next button.
Which documents do you need to prepare a flight claim?
- Flight tickets
- Trip itinerary
- ID of the passenger
- Recipes of all the expenses generated by the incident
Is the overbooking legal?
The overbooking is legal, but you can get a compensation.
It aims to avoid empty seats or rooms due to no-shows, and is legally sanctioned as long as it is not abused.
Difference between denied boarding and overbooking
A denied boarding can happen due to varius reasons. You will be entitled to compensation if the airline is responsible as it happens in and overbooked flight. However, the airline may deny your boarding if it is for a legitimate reason such as:
- Insufficient or wrong documentation
- Sickness
- Visa problem
- Security reasons
No “Extraordinary circumstances” may apply to overbooking. You can always claim for it.
Example of Overbooking or denied boarding compensation
Imagine your flight is overbooked and you have to pay for another flight. In addition, the airline does not pay for any of your meals and hotel.
The compensation for overbooking should be: 250 € per passenger + cost of the new flight + hotel.
Passengers’ Rights in Case of Overbooking
Overbooking usually causes significant inconvenience for affected passengers. First, those who cannot board face delays, trip cancellations, and the need to find alternative (often more expensive) ways to reach their destination.
Additionally, many passengers find themselves “fighting” for adequate compensation from airlines.
Although consumer protection regulations and laws exist, in many cases, airlines try to minimize their liabilities or offer insufficient compensation (see the final section of this article).
To be better protected, it is important to know your rights as a passenger. Here are the most important ones:
Right to Assistance and Care
Airlines are obligated to provide assistance and care to affected passengers. This may include providing food, beverages, accommodation if necessary, and transportation between the airport and the accommodation.
Right to Financial Compensation
Under European Regulation (EC) 261/2004, passengers denied boarding due to overbooking are entitled to financial compensation. Full details on compensation are explained in the following section of this article.
Right to Refund or Alternative Transportation
Passengers have the right to choose between a refund for the unused ticket or alternative transportation to their final destination as quickly as possible and under comparable conditions.
Right to Luggage Handling
If checked luggage cannot be retrieved due to overbooking, airlines must locate and deliver it to the passenger free of charge.
Right to Information
Airlines must inform affected passengers of their rights and available options, including the possibility of filing claims for additional damages.
It is important to note that these rights may vary depending on the specific regulations of each country and the type of flight (domestic, international, within the European Union, etc.). Additionally, airlines may voluntarily offer alternative solutions or additional compensation.
Passenger Compensation
The compensation system for overbooking is based on European Regulation (EC) 261/2004, which establishes passengers’ rights in cases of denied boarding, including overbooking. Here is how the compensation system works:
Eligibility Criteria
To qualify for compensation, the passenger must meet certain criteria:
- They must have a confirmed reservation on the affected flight.
- They must have arrived on time for boarding.
- They must not have voluntarily given up their seat.
Flight Distance
The compensation amount depends on the flight distance:
- Flights up to 1,500 km: Compensation is €250.
- Intra-EU flights over 1,500 km and non-EU flights up to 3,500 km: Compensation is €400.
- Non-EU flights over 3,500 km: Maximum compensation is €600.
Refund or Alternative Transportation
In addition to financial compensation, passengers have the right to choose between a refund for the unused ticket or alternative transportation to their final destination under comparable conditions. The choice depends on the passenger’s preference and the availability of transportation options.
It is also important to note that compensation amounts may vary in countries outside the European Union, as each jurisdiction may have its own regulations and standards regarding overbooking and denied boarding.
Check feasability
Our team will check for free if your claim meets the criteria to win the case.
Claim your money
We will send the claim and go to court if the airline refuses to give you your money.
Get your money
Once we win the claim, we will transferthe money directly to your bank account.
Do you have any doubt?
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Our Services
You can claim up to 600€ if you had any of these issues.
Delay
If your flight arrived over 3 hour late.
Cancellation
If the company cancelled your flight (except for metereological reasons or air control strikes)
Overbooking
If the company overselled tickets and you couldn´t get into de plane.