If your flight is overbooked, an airline can legally kick you off it, but not without considerable compensation.
Sections
Are you entitled to a seat?
Having made it through the airport, security and onto the plane, most of us would be disappointed to find another person already sitting our seat.
Yet airlines often overbook planes, very occasionally leading to passengers getting 'bumped'.
To make sure you aren't messed around, here’s everything you need to know about overbooked flights and your rights.
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Your rights
Is overbooking legal?
Astonishingly, yes. It may be immoral for airlines to sell more tickets than there are seats on a plane but it is completely legal.
Airlines argue that overbooking benefits everyone as on any given flight an average of 5% of passengers don’t turn up.
By selling more tickets than seats the airline makes more money, passengers get to book on to a flight that might technically be full and planes are more likely to fly full, allowing airlines to keep fares low.
It's incredibly rare that passengers are denied boarding, however: the EU believes around 1 in 2,500 passengers are affected, a figure that includes alcohol-related incidents.
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Why you should volunteer
Getting bumped
If no-one volunteers to take a later flight airline staff then start choosing passengers who will not be allowed on the flight.
Usually, when deciding who to bump from a flight a variety of factors are considered.
These include how much you paid for your ticket, whether you are a member of the airline’s frequent flyer scheme, and what time you checked in. EasyJet has been accused of bumping passengers who didn't pay extra to reserve their seat.
Your profession may also be considered; if your job means you are going to be urgently needed and a delay would cause major problems.
If you get bumped, you are entitled to an alternative flight OR a refund, both in addition to compensation.
The airline will push you to take the alternative flight on its own planes, but if none are available soon then you could fly with another airline.
If you opt for a refund and are part way through your trip, the airline has to fly you back to your start point.
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Duty of care
Am I entitled to compensation?
If you’re asked, or required, to take a later flight you’re entitled by law to compensation.
How much depends on where you’re flying from, where your airline is based, and how long you’re delayed by.
Compensation will only be paid if you checked into your flight on time (including online check-in).
EU Flights
If you are flying within Europe, departing an EU airport, or flying to an EU airport AND on an EU airline, you are entitled to the following:
| Distance | Duration of delay | Compensation |
| Short-haul (under 1,5000km) | Under 2 hours | €125 (£107) |
| More than 2 hours | €250 (£214) | |
| Medium-haul (1,500 - 3,500km) | Under 3 hours | €200 (£171) |
| More than 2 hours | €400 (£343) | |
| Long-haul (3,500km+) | Under 4 hours | €300 (£257) |
| More than 4 hours |
€600 (£514) |
In addition to compensation, your airline must also give you the choice of either an alternative flight – this can be the next available flight or on a date/time that suits you – or a refund.
The amount you are refunded will depend on your ticket and whereabouts in your journey you are. For example, if you are bumped from the outbound leg of a return flight you can get a full refund, but if you are on the return leg you would only get a refund for that part of the journey.
USA
USA rules work on a sliding scale similar to the EU rules.
| Distance | Duration of delay | Compensation |
| Domestic | Under 1 hour | £0 |
| 1-2 hours | 200% of one-way fare* | |
| Over 2 hours | 400% of one-way fare ** | |
| International | Under 1 hour | £0 |
| 1-4 hours | 200% of one-way fare* | |
| Over 4 hours | 400% of one-way fare ** |
*Max $675 (£511)
**Max $1,350 (£1,023)
When claiming compensation, we recommend you always go straight to the airline, as soon as possible after the incident.
Avoid using claims management companies, who'll take a big chunk of your compensation for themselves, whilst providing limited assistance.
Ensure you get all the compensation you're owed by contacting the airline directly. Ask at the airline desk, look at the website or contact the airline for the form to begin this process. You shouldn't need to use a premium rate phone line
The Civil Aviation Authority also provides a template letter and advice on what details to include when contacting an airline.
If the airline still refuses to pay, then you can pursue legal action through the County Court.
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