At a glance
Overbooking is a practice some airlines still use. What are your rights if you become a victim of it?
What are your rights and compensation entitlements for a bumped flight?
What do you do if the airline denies you boarding at the airport because there aren't enough seats available? This frustrating and unexpected situation has a name: flight overbooking, sometimes called airline bumping. Although legal, this commercial practice entitles you to substantial compensation and immediate assistance. It's essential that you know your options!
Thanks to this Redion article, you'll learn everything about this concept and discover how to react if your flight is overbooked. Assert your rights without delay!
What is flight overbooking?
Overbooking is a common practice in air travel, whereby airlines intentionally sell more tickets than they have seats available on the aircraft. This commercial strategy, also known as airline bumping, responds to an economic reality: since a certain percentage of passengers don't show up for boarding, seats end up empty, representing lost revenue for the airline.
As you can imagine, the problem arises when all passengers do show up for check-in. In that case, some travellers end up with a valid ticket but no available seat: they then face a denied boarding due to overbooking. This practice is strictly regulated under European law, which protects the passengers affected.
The laws protecting passengers who are denied boarding
- EU Regulation EC 261/2004
Your rights in the event of an overbooked flight are first protected by EU Regulation EC 261/2004 of 11 February 2004. This text establishes common rules on compensation and assistance to passengers in the event of denied boarding, cancellation or long delay of a flight. The protection offered under Regulation EC 261/2004 applies to flights:
- Departing from an airport located in the European Union, Norway, Iceland or Switzerland, regardless of the airline;
- Arriving in the EU from a third country, only if operated by a Community air carrier.
In Belgium, it is the Directorate-General for Air Transport (DGTA) of the Federal Public Service Mobility and Transport that oversees the application of this regulation.
However, note: compensation does not apply to passengers travelling free of charge, nor to those benefiting from a reduced fare not available to the public. On the other hand, tickets obtained through loyalty programmes are covered.
- The Montreal Convention
In addition to EU Regulation EC 261/2004, air passengers can also rely on the Montreal Convention of 28 May 1999, which governs airline liability for damage suffered during international transport.
This convention allows you to obtain compensation for a specific loss, particularly in the event of a delay, denied boarding or cancellation that has resulted in financial or material loss (expenses incurred, non-refundable overnight stays, a missed business appointment, etc.).
Unlike Regulation EC 261/2004, which provides for fixed compensation, the Montreal Convention is based on an assessment of the actual loss suffered. The passenger must therefore be able to prove that the loss exists and the total amount involved, in order to be compensated for it.
However, note: to avoid double compensation, amounts already received under the EU regulation may be taken into account in the overall assessment of the loss. It is therefore essential to keep all supporting documents for the costs and losses claimed!
The airlines' procedure in the event of overbooking
- Calling for volunteers
When a flight is overbooked, the airline must first call for volunteers willing to give up their seat in exchange for compensation. These benefits are freely negotiated and may include:
- A travel voucher of substantial value;
- An upgrade on the next flight;
- Hotel nights and additional services.
Volunteers who come forward will not be compensated in the same way as those bumped against their will, but they still receive benefits depending on the airline.
- Involuntary denied boarding
If no volunteers come forward, the airline may deny boarding to certain passengers against their will. In this specific case, your rights are strengthened.
Your rights in the event of denied boarding
Mandatory immediate assistance
As soon as boarding is denied, the airline must provide you, free of charge, with:
- Meals and refreshments in relation to the waiting time;
- Two means of communication (phone calls, electronic messages);
- Hotel accommodation if an overnight stay or more is required;
- Transport between the airport and the place of accommodation.
This assistance must be provided as soon as possible. If the airline is unable to offer it immediately, the reasonable expenses incurred by the passenger must be reimbursed on presentation of supporting documents.
Choice between re-routing and reimbursement
In the event of denied boarding, the passenger has the right to choose between:
– reimbursement of the ticket price within seven days;
– re-routing to the original destination as soon as possible, under comparable transport conditions;
– re-routing at a later date convenient to the passenger, subject to seat availability.
Fixed financial compensation
Beyond assistance and re-routing, you are entitled to financial compensation depending on the flight distance:
- Up to 1,500 km: €250 (standard compensation), €125 if arrival delay < 2 hours (reduced compensation)
- Over 1,500 km (intra-EU flights): €400, €200 if arrival delay < 3 hours (reduced compensation)
- 1,500 to 3,500 km (other flights): €400, €200 if arrival delay < 3 hours (reduced compensation)
- Over 3,500 km: €600, €300 if arrival delay < 4 hours (reduced compensation)
These amounts are fixed: they do not depend on the price paid for your ticket, nor on the travel class you originally booked. Compensation can be paid by bank transfer or, with your agreement, in the form of travel vouchers or services.
Downgrading and upgrading: your rights in the event of a class change
If the airline places you in a class higher than the one you booked, it cannot charge you any extra fee. On the other hand, if you are placed in a lower class, you are entitled to a partial refund, calculated as a percentage of the price of your ticket:
- Up to 1,500 km: 30% of the ticket price
- Intra-Community flights > 1,500 km (except flights to French overseas departments) or other flights of 1,500 to 3,500 km: 50% of the ticket price
- All other flights (including flights between the EU and French overseas departments, flights > 3,500 km): 75% of the ticket price
Remember to get your overbooking statement!
Whether you are the victim of involuntary denied boarding or you volunteer to give up your seat, it is strongly recommended that you ask the airline for a written statement. Although the airline isn't required to issue one automatically, this document will serve as proof to assert your rights to compensation and reimbursement.
Ideally, the statement should specify:
- the nature of the denial (voluntary or involuntary);
- the reason for the denial (overbooking, technical problem, etc.);
- a mention that your rights are protected in accordance with Regulation EC 261/2004;
- the contact details of the customer service department or competent authority for filing a complaint.
Check in particular that you are not classified as a "volunteer" if that is not the case: an incorrect statement could jeopardise your right to the fixed compensation provided for under the EU regulation.
How to assert your rights
File a complaint with the airline concerned
Start by sending a written complaint to the customer service department of the airline from which you bought your tickets, making sure to keep a copy of your letter. Attach all supporting documents, whether it's the ticket, boarding pass, denial statement or proof of expenses incurred. If the airline does not respond, you can refer the matter to the authorities in your country.
Contact the Belgian national authority
If the airline's response is unsatisfactory, you can file a complaint with the Directorate-General for Air Transport of the Federal Public Service Mobility and Transport:
Federal Public Service Mobility and Transport
Denied Boarding Authority
Directorate-General for Air Transport (DGTA)
Strategic Cell - Passenger Rights
City Atrium (6th floor - locker PAX)
Rue du Progrès 56
1210 Brussels
Tel: +32 (0)2 277 44 00 (between 9am and 12pm)
Fax: + 32 (0)2 277 40 73
Email: passenger.rights@mobilit.fgov.be
You can also contact the European Consumer Centre Belgium which offers free assistance and advice for cross-border disputes:
European Consumer Centre
Rue de Hollande 13
1060 Brussels
Tel.: + 32 (0)2 542 33 46 (from 9am to 12:30pm)
Email: info@cecbelgique.be
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While European regulation effectively protects you in the event of overbooking, other mishaps can disrupt your trip: cancellation for personal reasons, illness, accident, unexpected work problem... Comprehensive travel insurance offers you extra peace of mind, covering in particular:
- Trip cancellation for serious reasons (illness, accident, death of a close relative);
- Medical expenses abroad and medical repatriation;
- Lost or stolen luggage;
- Legal assistance in the event of a dispute.
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FAQ on flight overbooking
Airlines use statistical algorithms based on flight history to estimate the rate of passengers who won't show up for boarding. For the sake of profitability, they sometimes choose to sell more tickets than the aircraft's actual capacity. If the forecasts are correct, the plane takes off full, with no problem. If they're wrong and too many passengers show up, the airline has to manage an overbooking situation. Some passengers will then have to stay behind, despite having bought their tickets.
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