Compensation for denied boarding across the EU, UK, and globally

Air travel has become very unpredictable: you spend time and money preparing for your flight with the full understanding that something might go wrong along the way. Be it an unexpected storm, a flight delay, technical issues, or strikes, there is always a chance that you might not board your plane.

While most situations are the result of force majeure, it is not uncommon for airlines to be at fault for our failed trips. An example? Involuntary denied boarding, when select passengers are not allowed to board the aircraft due to overbooking - a frustrating scenario where we all pray to not be “the chosen one”. 

If you do find yourself in this spot, you luckily have a powerful weapon: your air passenger rights. While they will not magically put you back on the plane, they can entitle you to financial compensation of up to €600!

 

The basics

Understanding what involuntary denied boarding is and why it happens is key to exercising your rights. In short, overbooking is a (surprisingly) legal commercial strategy commonly used by airlines to maximise profits.

Each carrier’s booking system can predict a certain number of “no-shows” and sell more tickets than the number of available seats. A carefully calculated gamble, but a gamble nonetheless, which often leads to disgruntled customers.

When a flight is overbooked, airline representatives usually first call for volunteers, willing to give up their seat in return for travel vouchers or other perks. If the volunteers are not enough, the airline resorts to selecting certain passengers who will be bumped.

Multiple factors weigh in, but the most common criteria are the check-in time, the ticket fare, and the frequent flyer status (along with a pre-booked and prepaid seat). Airlines also give priority to passengers with reduced mobility and families with children.

 

Passenger Rights Under Different Jurisdictions

 

Flights from and within Europe

Introducing EU Regulation 261/2004: a passenger rights law that could secure compensation as high as €600 (£505) for delayed or cancelled flights and denied boarding due to overbooking. In the UK, EU261 has been known as UK261 ever since Brexit but they are essentially identical.

You will be eligible for compensation if:

• you are travelling with an EU airline (or UK); 
• your flight departs from an EU or UK airport;
• there are no extraordinary circumstances involved.

The amount of compensation you may receive depends on the length of your flight, and could vary between €250 (£210) and €600 (£505). If you have connecting flights and you are bumped from the first one, your compensation is calculated based on the distance of your whole journey. 

US Flights

DOT is responsible for regulating US domestic travel, flights from US airports and flights operated by US-registered carriers. The protection DOT offers in case of denied boarding is similar to what EU261 provides, however there are some specifics:

• The compensation is calculated based on the delay of your arrival at the final destination and depends on the type of flight (domestic or international). 
• The compensation is not fixed but the airlines can set a cap of $775 for delays between 1 and 2 hours and $1550 for delays over 2 hours. 
• If the airline puts you on a replacement flight and you arrive at your final destination within 1 hour of the originally planned time, you are not entitled to reimbursement.
• In case of connecting flights, compensation is calculated for the affected leg only. 
• You will not be entitled to compensation if the airline:
• needs to change the aircraft for safety or operational reasons;
• downgrades you (you are entitled to refund only);
• has to deny boarding due to weight and balance restrictions.

 

International Flights

Flights not covered by EU/UK261 or DOT laws are unfortunately not well regulated and thus, more difficult to claim compensation for. The Montreal Convention could offer some reimbursement in the event of denied boarding on a flight between two of the 137 member states. 

This treaty, however, doesn’t determine fixed compensation amounts. Unlike EC261, air carriers are only liable for financial damage caused by denied boarding, such as food, drinks, lodging expenses, lost baggage, missed reservations, etc. 

 

How to claim compensation

We at SkyRefund offer you our expertise in air passenger rights defence. Our team of experienced lawyers can help you obtain your rightful compensation from the airline which refused you boarding and save you time and money. All you need to do is follow the steps below:

1. While still at the airport, obtain a detailed explanation (in writing if possible) of why you are denied boarding. Take pictures of the information screens and make audio recordings of any relevant announcements.
2. Do not accept any offers that the airline might propose. If you agree to give up your seat voluntarily, you will lose your right for compensation. 
3. Keep all documentation - boarding passes, receipts, booking confirmations.
4. Submit your compensation claim, along with any supporting documents, through our portal. SkyRefund’s legal experts will take it from there and contact you if they need any additional information. 

We work on a no win, no fee basis, meaning that our fee of 35% from the compensation amount will only be applied if we win your case.

Compensation Amounts

The amount of money you can receive as compensation for denied boarding varies depending on the type of flight and the specific regulations in place. We have summed up the conditions for each of the three main jurisdictions in the table below.

 

 

Additional Passenger Entitlements

Receiving your compensation could take months but when you are denied boarding, some immediate expenses might arise, such as food and drinks, or even an overnight stay. 

Fortunately, airlines are obliged to offer meals and refreshments, hotel accommodation and transportation to and from the airport if you need to spend the night while waiting for an alternative flight. If the carrier doesn't directly provide those and you need to pay out of your own pocket, save all relevant receipts in order to claim reimbursement later. 

Apart from compensation, you are also entitled to one of the following:

• Full refund of your ticket fare;
• Alternative flight to your final destination at the earliest opportunity;
• Free of charge return flight to your point of departure; 
• Rebooking at a later stage. 

 

FAQs

 

What should I do if I am denied boarding?

Firstly, we advise you to stay calm, as any aggressive behaviour could give the airline a legitimate reason to deny boarding and waive your right to compensation. Speak to the company’s representatives, get a clear (written) explanation for the reason you were not allowed on board, and gather all relevant evidence (pictures, audio recordings, videos). When you submit your compensation claim with SkyRefund, you can attach these files to support your case. 

 

When am I eligible for compensation?

You will be entitled to compensation if the airline does not allow you to board the aircraft due to an overbooked flight. You will NOT be eligible for compensation if you volunteer to give up your seat.

The air carrier also reserves the right to deny you boarding if you:

• don’t have the required travel documentation;
• don’t arrive at the check-in or gate on time; 
• are intoxicated;
• pose a safety or health risk.

 

Can I prevent involuntary denied boarding?

Most involuntary denied boarding is the result of sheer bad luck, but you can try to avoid it by: 

• Booking a specific seat on board. 
• Registering as a member of the airline’s frequent flyer program.
• Going to the gate well ahead of the scheduled departure time.

As unpleasant and stressful it is to be denied boarding, being aware of your rights can help you make the right choices. With a trusted partner like SkyRefund working in your best interest, you have a strong chance of getting through the situation with minimal damage. Do not hesitate to contact our expert team with any questions and concerns and submit your claim with us, we will work tirelessly and devotedly to get your rightful compensation.