It's not only in American movies that you can be overbooking! While this practice - called "overbooking" in good French - is better known by travellers across the Atlantic, it can nevertheless be found among all airlines. It involves selling more airline tickets than there are seats available. Legal? Yes! Nice? Not really for the passenger who doesn't always know what to do when told that he won't be able to get on the plane... Buying a plane ticket, but not being able to get on board: this is a paradox that annoys many passengers. By selling more tickets than seats available, airlines respond to a commercial logic: they optimise the filling of their aircraft by anticipating potential cancellations (estimated at around 10%). However, when everyone arrives, they may deny boarding to people because there are not enough seats on the plane. But don't worry, overbooking is regulated by a European regulation (CE 261/2004)!
Overbooking: what are the company's obligations?
Unlike flight delays or cancellations, overbooking is necessarily the responsibility of the air carrier, which deliberately uses it. In the event of overbooked flights, air passengers are protected by a European regulation that sets obligations for airlines. The latter applies to all flights departing from an airport located in the European Union (or Iceland, Switzerland and Norway), regardless of the carrier's nationality. On the other hand, all flights of European airlines are covered by this regulation, whether they are departing from or arriving in the EU
The company must, first of all, inform passengers of the overbooking and call for volunteers. Indeed, some passengers agree to give up their flight in exchange for a place on a next flight, of course, but also for financial compensation or a commercial gesture, which varies according to the company (or even according to your negotiating skills). The latter generally offers a credit note, mileage credit or upgrade on the alternative flight. In addition, it is obliged to take care of volunteers while waiting for their next flight: drinks, food or even accommodation if the replacement flight does not take place on the same day.
It is also possible to cancel your trip by requesting a full refund of the flight ticket; in this case, the airline must refund it within 7 days
Denied boarding: an update on air passenger rights
Unfortunately, voluntary souls are often missing or not numerous enough in relation to the number of overbooked places. In this case, the airline may refuse passengers boarding
It must then offer two options to unlucky passengers. The first is the replacement on an alternative flight under similar travel conditions and as soon as possible. While they are waiting, she must pay for their meals and drinks or even offer them accommodation if the flight she offers does not take place on the same day. The second possibility is the reimbursement of the flight ticket. For example, if the proposed alternative flight is not suitable for them, passengers may waive their right to fly with the company. In this case, the company must reimburse them within 7 days, but no longer has any obligation of care towards them
However, whether you opt for another flight with the airline or for reimbursement of your ticket, you are entitled to compensation for the damage suffered as a result of denied boarding!
What compensation can be obtained in the event of overbooking?
Attention, no compensation can be paid to volunteers who have given up their place in exchange for a consideration from the company! It is therefore important to carefully weigh the pros and cons according to your obligations (professional, personal) and the expenses you have already incurred (vehicle reservation, hotel nights, etc.) before accepting a commercial action
If you have been denied boarding (you did not volunteer to leave your seat on the plane), you may, however, claim compensation, even if you have obtained a refund of your ticket or have been relocated to another flight. The amount of compensation provided for in Regulation (EC) No 261/2004 is a lump sum: 250 euros (for flights of less than 1 500 km), 400 euros (for flights of 1 500 to 3 500 km and intra-Community flights) or 600 euros (for flights over 3 500 km). It therefore depends only on the distance flown and is independent of the purchase price of the ticket.
However, in some cases, the compensation received is reduced by half, as provided for in the European Regulation. If you accept an alternative flight and it arrives respectively less than 2 hours late on arrival at your final destination for a short-haul, less than 3 hours late for a medium-haul or less than 4 hours late for a long-haul flight, the company has the option to reduce the compensation by 50%.
How to claim compensation?
Overbooking passengers often do not know that they are entitled to compensation, especially if the company has taken care of them or reimbursed them. However, compensation is provided to compensate for the damage suffered and must be paid to each passenger. So don't hesitate to ask for it! To do this, keep your travel documents in a safe place, starting with the boarding pass: you can also take a picture or take a screenshot if it is digital. Any other travel document is also welcome, starting with a denied boarding certificate that you can request from the company. If it is nominative, it's even better!
Sometimes you have to be patient and know how to get the company back on track to win. If you lack time and prose, you can call on a compensation specialist such as Air Indemnité, the French market leader. By using a third party specialized in airline claims, you have every chance of obtaining the compensation you are entitled to... and financing your next trip!
Finally, prevention is better than cure: a good practice to adopt in order to minimize the risk of denied boarding is to check in early via the online check-in on the company's website (often within 24 hours before the flight) or to be among the first to check in on D-day. Similarly, it is better to be at the beginning of the queue when boarding!
