An overbooked flight isn’t illegal and is relatively common. Overbooking a flight means selling more places than there are seats on the plane. Airlines gamble on the fact that around 15 to 20% of passengers on average don’t show up to catch their flight. They therefore sometimes risk selling around 5% more seats than the capacity of the aircraft. It is this strategy that will often result in an overbooked flight.

My flight was overbooked what are my rights?

“So”, you may ask, “if a flight is overbooked what happens now?” 

If nobody volunteers to disembark from an overbooked flight, the airline is authorized, in all countries that have signed the Montréal Convention, to randomly select passengers who will be offered a reasonable alternative to their overbooked flight.

What should I know about flight overbooking?

If a passenger refuses to disembark from an overbooked flight after this random selection, the use of law enforcement is possible. Reserving a seat online does not protect you from an overbooked flight. Overbooking is not covered by the Compensation Fund for Customers of Travel Agents. Examined from this angle, it would seem that there is no possible recourse for overbooked flight compensation. Think again!

What the law says in Europe and the United States about overbooked flights

For all flights from Europe and for all the flight to Europe with a community carrier, Regulation (EC) No. 261/2004 specifies that an overbooked flight may entitle each passenger to a compensation up to 600 Euros (around $900).

In Europe, while waiting for the next flight, the airline must take care of you: accommodation, meals, phone calls, refreshments. The airline must refund your ticket if your arrival to your final destination would be delayed more than 5 hours and you don’t want to or can’t wait for the next flight. When denied boarding to an overbooked flight, the airline must provide you with a written notice that indicates the methods for claiming compensation.

If a flight is overbooked what happens In the United States:

• if the airline finds you another flight within an hour, there is no financial overbooked flight compensation;
• in 1 to 2 hours, overbooked flight compensation of 200% of the ticket price, to a maximum of $675 US may be awarded;
• in more than 2 hours, 400% of the ticket price, to a maximum of $1,350 US may be awarded as overbooked flight compensation.

How to file a claim for an overbooked flight

Many scenarios are possible when an overbooking occurs and you feel that you’ve been wronged or poorly compensated.

In the event of a dispute over an overbooked flight, only mediation via the CTA (Canada Transportation Agency) is possible. These procedures may be daunting for a passenger facing a carrier alone. Let us help you in your fight to receive fair overbooked flight compensation. The benefit of relying on a specialist who will assist you with your overbooked flight compensation procedures and more (overbooking, cancelled flight, delayed flight, etc.) is that all possible cases can be studied with the aim of getting you the full amount of overbooked flight compensation to which you’re entitled.