Denied Boarding (Overbooking)

A flight is not always the pleasant experience you had planned. Unfortunately, many passengers are denied boarding. If you are denied boarding against your will, you may be able to receive compensation of up to EUR 600 per passenger under European law.
Read on for more comprehensive information on how to exercise your rights to financial compensation.

What are the conditions for receiving compensation in the event of denied boarding?

Under European law, you may be entitled to financial compensation of up to €600 subject to the following conditions:

• You were denied boarding due to the airline's overbooking.
• Your flight was supposed to depart from an EU country.
• Your flight was supposed to land in an EU country if the airline is European.
• Your flight was in the last few years (see detailed time limits table according to the different countries).

How much compensation might you be entitled to for denied boarding?

According to European law EU 261/2004, when the passenger experiences a denied boarding, he may be entitled to financial compensation depending on the direct distance between the point of departure and the final landing point of the flight.

Calculation of the amount of compensation depending on the flight distance

The table below details the expected amount of compensation depending on the flight distance:

Which airlines are subject to EC 261/2004?

The table below details the entitlement to compensation in the event of a flight delay depending on the identity of the airline:

* An airline incorporated in one of the European Union countries.

How long after the flight date can you claim compensation?

The table below lists the statute of limitations for filing claims for compensation in court according to the different countries:

Country	Time Limit (from time of the flight disruption)
Luxembourg, Sweden (you must inform the airline within 2 months), Switzerland	10 years
Cyprus, England, Ireland	6 years
France, Greece, Hungary (Wizz Air- 2 years to file a claim), Scotland, Spain	5 years
Iceland	4 years
Austria, Bulgaria, Czech Republic (you must inform the airline within 6 months), Denmark, Estonia, Finland, Germany (the time limit is on the last day (December 31) of the 3rd year), Latvia, Lithuania, Norway, Portugal, Romania	3 years
Croatia, Italy (international flights), Malta, Netherlands, Slovakia, Slovenia, Turkey	2 years
Belgium, Italy (domestic flights), Poland	1 year

* Do not rely on the information in this table, as the statute of limitations may change from time to time in different countries, and therefore, you should update yourself on the current legal situation by reviewing the law applicable in that country as of the date of your request.

Under what conditions will a passenger not be entitled to compensation in the event of denied boarding?

Under EC Regulation 261/2004, a passenger is not entitled to compensation for denied boarding if the denial is voluntary. This occurs when the airline asks for volunteers to give up their seats in exchange for benefits such as vouchers, rebooking, or other agreed compensation. Passengers may also be denied boarding without compensation if they fail to meet travel requirements, such as lacking valid travel documents, arriving late at the gate, or posing health, safety, or security concerns. In these cases, the airline is not responsible and no financial compensation is due.

Am I entitled to compensation in the event of denied boarding when I arrived at the boarding gate shortly late and passengers are still being boarded?

Under EC Regulation 261/2004, compensation for denied boarding generally applies only if you presented yourself at the boarding gate on time, as specified by the airline. If you arrive shortly late, even while passengers are still being boarded, the airline may lawfully refuse boarding without paying compensation. In such cases, the denial is not considered “denied boarding” under the Regulation but a failure to comply with boarding conditions.

How is the amount of compensation calculated in accordance with EC 261/2004 in the event of denied boarding?

Under EU Regulation 261/2004, passengers are entitled to compensation if they experienced denied boarding, provided certain conditions are met (If the passengers and the airline voluntarily agreed to receive different compensation). The compensation amount is determined by the flight distance and it is meant to compensate for the inconvenience caused by the disruption.

Conditions for Compensation

1. Eligibility: a passenger is entitled to compensation for denied boarding when boarding is refused against their will despite having a valid reservation and presenting themselves on time for check-in and at the boarding gate. The regulation covers both EU and non-EU airlines, but the airline must be based in the EU or the flight must depart from an EU airport.

2. Ineligibility Circumstances: The denial must not be due to personal reasons such as missing travel documents, late arrival, health issues, or safety and security concerns.

Compensation Amounts

The compensation varies depending on the distance of the flight:

• For flights up to 1,500 km:

Compensation: €250

• For intra-EU flights over 1,500 km and other flights between 1,500 km and 3,500 km:

Compensation: €400

• For flights over 3,500 km:

Compensation: €600

Special Considerations

1. Voluntary consent: A passenger is not entitled to compensation for denied boarding if the denial is voluntary. This occurs when the airline asks for volunteers to give up their seats in exchange for benefits such as vouchers, rebooking, or other agreed compensation.

2. Care and Assistance: Airlines must provide passengers with food, beverage, and accommodation if necessary.

What types of flights are subject to European Regulation EC 261/2004?

European Regulation EC 261/2004 applies to a variety of airlines, but its applicability depends primarily on the departure and arrival locations of the flight, as well as the airline’s operating base. The regulation is designed to protect passengers’ rights in the event of flight cancellations, long delays, and denied boarding. Here’s an overview of which airlines are subject to the regulation:

1. EU-Based Airlines

EU-based airlines are automatically subject to EC 261/2004 for all flights they operate, whether within the EU, to the EU, or from the EU. This includes both domestic and international flights.

Examples of EU-based airlines: Air France (France), Lufthansa (Germany), British Airways (UK), KLM (Netherlands), Ryanair (Ireland), Iberia (Spain).

For any flight operated by these airlines, the regulation applies, regardless of whether the flight is within the EU or to/from non-EU destinations.

2. Non-EU Airlines Operating from an EU Airport

EC 261/2004 also applies to non-EU airlines operating flights departing from an EU airport. This means that even if the airline is based outside the EU, if it operates a flight from an EU airport, it must comply with the regulation.

Examples of non-EU airlines operating from the EU: American Airlines (USA), Delta Airlines (USA), Emirates (UAE), Qatar Airways (Qatar), Singapore Airlines (Singapore).

These airlines are subject to EC 261/2004 when they operate flights departing from any EU airport. For example, a flight from London to New York on Delta Airlines is covered by the regulation.

3. Non-EU Airlines Arriving at an EU Airport

EC 261/2004 does not apply to non-EU airlines flying into the EU, unless the flight is departing from an EU airport. Therefore, flights operated by non-EU airlines arriving in the EU, but departing from a non-EU airport, are not covered by the regulation. For example, a flight from New York to London operated by Delta Airlines (USA) would not be subject to EC 261/2004, as it is arriving from a non-EU country.

Frequently questions about denied boarding

What is considered denied boarding under EC 261/2004?

Denied boarding occurs when an airline refuses to allow a passenger to board a flight despite the passenger having a valid ticket, a confirmed reservation, and complying with check-in and boarding requirements. It usually happens due to overbooking but may also result from operational decisions. Denied boarding only applies when the refusal is against the passenger’s will. If the passenger volunteers to give up their seat in exchange for benefits offered by the airline, it is not considered denied boarding under the Regulation and compensation rules differ accordingly.

Am I entitled to compensation if I am denied boarding involuntarily?

Yes, if you are denied boarding against your will and meet all travel requirements, EC 261/2004 entitles you to compensation. The amount depends on the flight distance: EUR 250 for flights up to 1,500 km, EUR 400 for flights between 1,500 and 3,500 km (and intra-EU flights over 1,500 km), and EUR 600 for flights over 3,500 km. In addition, the airline must offer re-routing or a refund, as well as care such as meals and accommodation if necessary.

When am I not entitled to compensation for denied boarding?

You are not entitled to compensation if you voluntarily give up your seat in response to the airline’s request for volunteers. Compensation is also not payable if boarding is denied due to reasons attributable to you, such as arriving late at the gate, lacking valid travel documents, or posing health, safety, or security concerns. In these situations, the airline is allowed to refuse boarding without paying financial compensation under EC 261/2004.

What assistance must the airline provide in case of denied boarding?

In cases of involuntary denied boarding, airlines must provide passengers with care and assistance. This includes meals and refreshments proportionate to the waiting time, access to communication such as phone calls or emails, and hotel accommodation with transport if an overnight stay is required. The airline must also offer a choice between reimbursement of the ticket or re-routing to the final destination under comparable conditions. These rights apply regardless of whether compensation is paid.

Does arriving late at the gate affect my denied boarding rights?

Yes, arriving late at the boarding gate can affect your rights. EC 261/2004 requires passengers to present themselves for boarding on time, as specified by the airline. If you arrive after the boarding deadline, even if boarding is still ongoing, the airline may refuse boarding without compensation. However, if the boarding deadline was unclear, not properly communicated, or inconsistently applied, you may still have grounds to challenge the refusal depending on the circumstances.