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When does denied boarding occur?
„Denied boarding” means that a passenger is denied boarding on a flight against his or her will, even though he or she has a confirmed booking, was at check-in on time and there are no safety or health reasons for denying boarding.
This usually happens when an airline sells more tickets than there are actually seats available on the plane (overbooking).
Why do flights get overbooked?
Overbooking flights, also known as “overbooking”, is a practice used by airlines to minimize potential losses. There are several reasons why airlines overbook flights:
- no-show rate: airlines know from experience that a certain percentage of passengers who book tickets do not show up for their flight (known as “no- shows”). These can be passengers who change their plans, fall ill or are otherwise unable to travel. To avoid empty seats, airlines sell more tickets than are actually available, based on the expected no-show rate.
- 2. profit maximization: Airlines maximize their profits by selling as many seats as possible. An empty seat means lost revenue. By overbooking flights, they ensure that even if some passengers don’t show up, the plane is still full.
- statistical predictions: Airlines use complex algorithms and statistical models to predict the probability of how many passengers will actually board. These models are based on historical data, booking trends, routes and other factors.
- booking changes: Passengers often change their flight bookings at the last minute. Overbooking allows airlines to be more flexible with these changes by ensuring that seats are still filled.
- customer loyalty: Through overbooking and associated compensation or rebooking to later flights, airlines incentivize customers who are flexible to continue flying with them in the future.
Although overbooking can be annoying for passengers, the practice is often mitigated by incentives such as compensation, alternative flights and assistance services. For airlines, it is an economic strategy that helps them make the best use of their flight capacity.
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What are the requirements under the EU regulation for a claim in the event of denied boarding?
According to the EU Passenger Rights Regulation (EC No. 261/2004), passengers who are denied boarding against their will are entitled to compensation, reimbursement or replacement transportation as well as care services. The requirements for this are as follows:
- airport and airline:
- The flight departs from an airport within the European Union (EU) or
- The flight lands in the EU and is operated by an EU airline.
- confirmed booking:
- Passengers* must have a confirmed booking for the flight in question.
- timely arrival:
- Passengers must have arrived on time for check-in.
- As a rule, this means at least 45 minutes before the scheduled departure time, unless the airline has specified a different time.
- involuntary denied boarding:
- Passengers must not have voluntarily given up their flight.
- If the airline has too many passengers, it should first ask for volunteers to give up their seats in exchange for compensation or other benefits.
- exceptional circumstances:
- The airline is not obliged to pay compensation in the event of extraordinary circumstances that justify denied boarding. Examples of extraordinary circumstances are extreme weather conditions, political instability, strikes by third parties or security risks.
What rights do I have if I am not allowed to board the flight, i.e. in the event of denied boarding?
In the EU, the EU Passenger Rights Regulation (Regulation (EC) No. 261/2004) regulates the rights of passengers in the event of denied boarding:
1. voluntary arrangement:
if a flight is overbooked, the airline must first look for volunteers who wish to give up their flight. As a rule, these volunteers are entitled to compensation, the amount of which can be negotiated with the airline, as well as alternative transportation or a refund of the ticket price.
2. compensation:
If a sufficient number of volunteers cannot be found and the airline has to turn back passengers against their will, the passengers concerned are entitled to compensation. The amount of compensation depends on the flight distance:
- € 250 for flights up to 1,500 km,
- € 400 for flights within the EU over 1,500 km and for flights between 1,500 and 3,500 km,
- € 600 for flights over 3,500 km.
- reimbursement or replacement transportation: The airline must give the passengers concerned the choice between:
- Reimbursement of the ticket price and, if relevant, a return flight to the original point of departure,
- replacement transportation to the final destination under comparable conditions as soon as possible, or
- replacement transportation at a later date at the passenger’s request, subject to availability.
- care services: The airline must provide appropriate care services to affected passengers, including:
- Meals and refreshments, depending on the waiting time,
- Accommodation, if an overnight stay is required,
- transportation to the accommodation if an overnight stay is required
- Communication facilities, such as telephone calls or e-mails.
The following table gives you an overview of the care services to which you are entitled in the event of denied boarding:
From 2 hours departure delay on a short-haul flight, i.e. up to 1,500 kilometers
| Meals and refreshments in reasonable proportion to the waiting time, i.e. drinks and snacks + 2 free phone calls or emails |
From 3 hours departure delay for a medium-haul flight, i.e. up to 3,500 kilometers
| Meals and refreshments in reasonable proportion to the waiting time, i.e. drinks and snacks + 2 free phone calls or emails |
From 4 hours departure delay on a long-haul flight, i.e. over 3,500 kilometers
| Meals and refreshments in reasonable proportion to the waiting time, i.e. drinks and snacks + 2 free phone calls or emails |
From 5 hours departure delay (for all routes, i.e. short, medium and long-haul flights)
| Passenger can cancel the flight against reimbursement of the ticket costs
|
Departure only on the next day
| Entitlement to hotel accommodation (3-star) and transportation to the hotel and back to the airport |
Are there any exceptions to the obligation to pay compensation?
The airline does not have to pay compensation if:
- the passengers voluntarily give up the flight and agree with the airline on alternative transportation or a refund.
- the passengers do not show up on time for check-in or violate other flight conditions
- there are exceptional circumstances beyond the airline’s control, such as extreme weather conditions, political instability, third party strikes, or security