Claim flight overbooking or denied boarding and get 250 to 600 € compensation.
What is an Overbooking?
Overbooking: When the airline sells more tickets than the actual number of people they can accommodate.
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.
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.
Overbooking or denied boarding claim regulation: Compensation under EU 261 Law and the Montreal Convention
EU 261 law
Applies when:
- The Overbooking or denied boarding flight is operated by an European Airline or…
- The flight departs from a European country even if the airline is not European
Flight Overbooking or denied boarding compensation table according to EU law
| Flight Distance (Km) | Denied boarding compensation | Claim for the denied boarding |
|---|---|---|
| Less than de 1.500 km | 250 € | Claim 250 € |
| 1.500 Km – 3.500 Km | 400 € | Claim 400 € |
| More than 3.500 Km | 600 € | Claim 600 € |
+
Expenses
+
Damages
Montreal Convention
It applies when these two circumstances occur simultaneously:
- When the airline is not European and…
- The flight does not depart from Europe
Flight Overbooking or denied boarding compensation table according to the Montreal Convention
| Denied boarding | Limit of liability | Expenses |
|---|---|---|
| Flight Overbooking or denied boarding | 5.708€= 4.694 SDR ( Special Drawing Rights ) | Hotels, taxis, tours, other missed flights |
Claim flight according to the Montreal Convention
Over 130 nations, including the USA, are signed up to the 2003 Montreal Convention. This specifies air passenger rights for several types of flight disruption, including flight Overbooking or denied boarding .
The convention addresses “damages” resulting from flight disruptions. An example is financial damages. If as a consequence of your canceled flight you had to pay for an additional night in a hotel, you should be reimbursed for this.
Example of Overbooking or denied boarding if you claim a 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.
Can I claim my overbooked flight or denied boarding directly to airline?
First of all, if you want to claim directly to the airline, you should know your chances are very small, since very often airlines try to justify the overbooking of their flight with extraordinary circumstances that didn’t really happen, such as issues with air traffic control. Consequently, it’s highly recommendable to direct your claim through a specialized third party.
