Why airlines sell more seats than they have
Overbooking is a deliberate commercial practice: carriers sell more tickets than available seats, betting that a share of passengers will not show up. When too many travellers turn up, someone with a confirmed reservation is denied boarding. Regulation EC 261/2004 anticipates this scenario and grants rights that become enforceable at the gate, not weeks later.
The Regulation covers every flight departing from an EU airport (plus Iceland, Norway and Switzerland), regardless of the airline's nationality, and flights arriving in the EU operated by an EU carrier. Departures from the United Kingdom follow UK261, a mirror scheme with amounts expressed in pounds.
Volunteers versus involuntary denied boarding
Before refusing anyone, the airline must first call for volunteers willing to give up their seat in exchange for negotiated benefits — vouchers, cash, a free ticket, an upgrade. A passenger who accepts gives up the fixed statutory compensation and keeps only the right to a refund or rerouting.
If not enough volunteers come forward, the airline may bump passengers against their will. Only then is the fixed compensation under Article 7 payable, and it is due immediately — you do not have to wait until you reach your destination.
The practical lesson: never sign anything at the desk under time pressure. A €150 voucher accepted in haste can be treated as a waiver of a €600 entitlement. Ask for the offer in writing and compare it with the statutory scale before deciding.
Five things to do at the airport
- Ask for written confirmation of the denied boarding and its stated reason (letter, email, or an annotation on your boarding pass).
- Preserve evidence: booking confirmation, boarding pass, photos of departure screens, staff names, and the exact time you presented at the desk.
- Request the written notice of rights that airlines must hand to every denied passenger.
- State your choice clearly between a refund and rerouting, and have it recorded.
- Keep every receipt for meals, hotels, taxis or replacement train tickets — these form a separate reimbursement claim.
How much compensation you can claim
The fixed amount depends on the great-circle distance between the departure airport and your final destination:
- €250 for flights of 1,500 km or less;
- €400 for intra-EU flights over 1,500 km and all other flights between 1,500 and 3,500 km;
- €600 for flights over 3,500 km outside the EU.
The airline may halve these amounts if it offers rerouting that gets you to your final destination no more than 2 hours later than scheduled (flights up to 1,500 km), 3 hours (intra-EU flights over 1,500 km and other flights of 1,500–3,500 km) or 4 hours (flights over 3,500 km). Beyond those thresholds, the full amount stands.
Crucially — and unlike a simple delay — involuntary denied boarding triggers compensation even where the airline invokes extraordinary circumstances such as weather or third-party strikes. Overbooking is a commercial decision and never an excuse.
Refund, rerouting and duty of care
On top of compensation, you must be offered a choice between:
- a full refund within 7 days for the unused part of the journey, plus a return flight to your original point of departure where relevant;
- rerouting to your final destination at the earliest opportunity, or on a later date of your choosing subject to availability.
While you wait, the airline must provide free refreshments and meals in reasonable proportion to the waiting time, two phone calls or emails, and hotel accommodation plus transfers if an overnight stay is required. If nothing is offered, pay reasonable amounts yourself and keep the invoices — they are recoverable.
Downgrading and when nothing is owed
If the airline reseats you in a lower class than the one you paid for, it must reimburse 30%, 50% or 75% of the ticket price depending on distance, in addition to your other rights. An upgrade, conversely, cannot be charged for.
No compensation applies where boarding is refused on reasonable grounds: invalid or missing travel documents, health, safety or security concerns, or disruptive behaviour. You must also have held a confirmed reservation and checked in on time — by the stated deadline or, if none was given, at least 45 minutes before scheduled departure.
Time limits and how we help
Claims can generally be brought for flights taken up to 3 years ago, depending on the competent jurisdiction. A well-documented amicable claim — denied boarding statement, boarding pass, proof of actual arrival time — succeeds in most cases without litigation.
Airlines Quick Refund assesses your file, calculates the exact amount due and handles all correspondence with the carrier. No upfront fees: our 35% commission applies only if you are paid.
Check your entitlement in two minutes using our compensation calculator.