One of the most important features of the aviation world is the fierce competition among airlines.
Thousands of planes from over 50 different companies take off and land every day at Spanish airports, which has led airlines to devise a few “tricks” to stay afloat and maximize their profits.
One of these “tricks” is what is known as overbooking. Since many people do not show up for their flight and there are empty seats, companies have learned to adapt to this situation.
Instead of flying with fewer people on board, companies have long begun selling more tickets than they should. In the event that someone is unable to board for any reason, there will always be a replacement to take their place.
Of course, all this comes with a significant drawback. What happens if no one cancels their flight and there are more ticketed passengers than seats on the plane? This is what we will discuss in this article.
We will address the current situation of overbooking in Spain (how it is becoming increasingly common), the rights of passengers in the event of denied boarding, and how much money you could earn if it affects you.
Let’s get started!
What is the frequency of overbooking on a flight?
One of the most relevant studies in this regard is research conducted by the Consumers and Users Organization (OCU) in 2022, which concluded that 5% of passengers surveyed on domestic and international flights had experienced overbooking in the past two years.
This indicates a significant increase compared to previous studies, highlighting the growing incidence of the problem.
Furthermore, a report prepared by the National Agency for Air Safety (AESA) revealed that over the past year, there have been more than 2,000 cases of overbooking on flights departing from or arriving at Spanish airports.
The cause of all this seems to be the aggressive pursuit of profit by airlines, which were severely affected by the global COVID-19 crisis that continues to have repercussions in this sector.
Passenger rights in the event of overbooking
Overbooking often causes many inconveniences for the affected passengers. First, those who are unable to board face delays, trip cancellations, and the need to seek alternative (likely more expensive) means of reaching their destination.
Furthermore, many passengers have found themselves having to “fight” to obtain adequate compensation from the airlines.
Although there are regulations and consumer protection laws in place, in many cases, airlines attempt to minimize their responsibilities or provide insufficient compensation (more information on this subject can be found in the final section of the article).
To be better protected, it is important to know our rights as passengers. Here are the most important ones:
- Right to Assistance and Care: Airlines are required to provide assistance and care to affected passengers. This may include providing food, drinks, accommodation if necessary, and transportation between the airport and the place of accommodation.
- Right to Financial Compensation: According to European regulations (Regulation (EC) No 261/2004), passengers who cannot board due to overbooking are entitled to financial compensation. All details regarding compensation are presented in the following section of this article.
- Right to a Refund or Re-routing: Passengers have the right to choose between a refund for the unused ticket or alternative transportation to their final destination as soon as possible, under comparable conditions.
- Right to Luggage Custody: If checked luggage cannot be retrieved due to overbooking, airlines must take care of locating and delivering it to the passenger free of charge.
- Right to Information: Airlines must inform affected passengers of their rights and the 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 offer alternative solutions or additional compensation on a voluntary basis.
Passenger compensation
The compensation system for overbooking is based on European Union Regulation (EC) No 261/2004, which defines the rights of passengers in the event of denied boarding, including overbooking. Here is how this compensation system works:
Eligibility Criteria: To be eligible to receive compensation, the passenger must meet certain conditions. You must have a confirmed booking for the flight in question, have arrived in time for boarding, and not have volunteered to give up your seat.
Flight Distance: The amount of compensation granted varies based on the flight distance:
- Flights up to 1,500 km: If the flight in question covers a distance of up to 1,500 km, the compensation amounts to €250.
- Intra-EU flights over 1,500 km and non-Intra-EU flights up to 3,500 km: In this case, the compensation is €400.
- Flights outside the EU over 3,500 km: For flights in this category, the maximum compensation is €600.
Refund and Alternative Transportation: In addition to financial compensation, passengers have the right to choose between a refund for the unused ticket or obtaining alternative transportation to their final destination under comparable conditions. The choice will depend on the passenger’s preferences and the availability of transport options.
It is also important to note that compensation may vary in countries outside the European Union, as each jurisdiction can have its own regulations and rules regarding overbooking and denied boarding.
Claim for a ticket refused due to overbooking
If you have encountered this situation or know someone who has, remember that you can contact us via the form on our website (Flight Claim).
Our team has handled hundreds of cases of denied boarding and is available at all times to help you obtain fair compensation.