If you were not allowed to board your flight because of overbooking, you may be able to claim flight compensation up to £520 or get a full refund.
What Compensation Am I Entitled To When An Airline Overbooks A Flight?
Under EU Regulation 261, airlines are legally obliged to compensate passengers who are bumped from a flight due to overbooking.
When an airline has oversold a flight and needs to remove passengers involuntarily, they are legally bound to provide the following.
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When Can I Claim Compensation For An Overbooked Flight?
If you were involuntarily bumped off of your flight because of the airline overbooking, you have legal rights under EU Reg 261.
EU261 provides legal rights for passengers to claim compensation if they were bumped from their originally scheduled flight because it was overbooked.
To claim compensation, you must show that you were a responsible passenger and have not given the airline any reason not to allow you to board the plane. Your responsibilities as a passenger include:
If you have fulfilled these responsibilities, you have a valid ticket, and there is no justifiable reason for not being allowed to board, you can claim compensation for the inconvenience and the delay to your travel.
What Should I Do If I’ve Been Bumped Off A Flight Due To Overbooking?
If you’ve been bumped off a flight because it was overbooked, the first thing you should do is ask the airline to confirm that you have been denied boarding and explain what options are available to you.
The airline is legally responsible for providing you with a replacement flight to your final destination or, if you no longer wish to travel, a refund of your ticket.
If you choose to take a replacement flight, the airline should arrange an alternative flight to get you to your destination at the earliest opportunity, at no additional cost to you.
You should also:
How Do I Claim Compensation For An Overbooked Flight?
Just add your flight details to our flight compensation calculator, and we can start the claim process for you.
What Flights Are Covered For Compensation When An Airline Overbooks A Flight?
If you’ve been bumped from a flight because it was overbooked, your flight will need to be covered by UK261 or EU261 for you to have a right to claim compensation.
UK261 and EU261 cover the following flights:
Unfortunately, you would not normally be covered if you were flying into a UK or EU airport from another country with a non-UK or EU-based airline.
For example, a flight from New York to London operated by British Airways would be covered, while the same journey operated by a US-based airline would not normally be covered under UK261 or EU261.
Flights Covered By EU261
| Departing From | Arriving To | Can I Claim? |
|---|---|---|
| Airport inside UK/ EU | Airport inside UK/EU | Yes (Claimable for any airline) |
| Airport inside UK/ EU | Airport outside UK/EU | Yes (Claimable for any airline) |
| Airport outside UK/EU | Airport inside UK/EU | Yes (If on an EU based airline) |
| Airport outside UK/EU | Airport outside UK/EU | No |
How Much Compensation Can I Claim For An Overbooked Flight?
The amount of compensation you can claim for an overbooked flight will depend on the length of your delay and the distance of the flight.
The compensation amounts for flight delays and cancellations are fixed and unrelated to the ticket cost or the class of the fare you booked. The maximum compensation you can claim for a delay caused by an overbooked flight is £520 per passenger.
Our table below shows how much compensation you could claim if you have been bumped off a flight because of overbooking.
Flight Delay Compensation Amounts in UK Pounds
| Length Of Delay | Flight Distance | Compensation Amount |
|---|---|---|
| Less than 3 hours | All flight distances | £0 |
| 3+ hours | Up to 1,500 km | £220 |
| 3+ hours | 1,500 km – 3,500 km | £350 |
| 3-4 hours | 3,500 km + | £260 |
| 4+ hours | 3,500 km + | £520 |
Claim By Airline
What Else Should The Airline Provide To Passengers If A Flight Is Overbooked?
Under EU261, the airline is legally responsible for providing “care and assistance” to passengers who are bumped off their flight due to overbooking.
Care and assistance includes:
When Airlines Have To Provide Care and Assistance At The Airport
| Flight Distance | Length of Delay |
|---|---|
| Up to 1,500 km | After 2 hours |
| 1,500 km-3,500 km | After 3 hours |
| Over 1,500 km and between two EU States | After 3 hours |
| Over 3,500 km | After 4 hours |
Can I Get A Refund From The Airline If I Am On An Overbooked Flight?
Yes, you can choose to accept a full refund from the airline rather than an alternative flight.
This is often agreed upon at the gate, and once the refund is made, the airline is no longer responsible for arranging alternative flights or for paying compensation. The airline is legally responsible for paying the refund within seven days of the day of departure.
Recent Successful Flight Compensation Claims
Bott and Co help couple receive £350 each in compensation after arriving on holiday to Corfu late.
We secured compensation for family of 3 who missed a day of their holiday due to flight cancellation.
Family receive £350 compensation each after Jet2 flight to Manchester from Antalya was delayed for 22.5 hours.
Family instruct Bott and Co after missing connecting flight to London due to BA departure delay at JFK Airport.
We helped family of 4 flying from Lithuania to London receive £350 each for flight cancellation.
Family of 4 returning from their holiday in Turkey arrive home 2 days late following flight cancellation.
Passengers receive £350 each after their flight to Tunisia was cancelled and rescheduled for 24 hours later.
Family going to Miami with American Airlines were rerouted to New York AND Dallas before arriving in California.
Family of 4's delay at Birmingham Airport led to missed connection in Dubai and new flight given 3 days later.
What Happens If A Flight Is Overbooked In The UK?
Usually, airlines will announce at the gate that the flight is overbooked and ask if any passengers want to give up their seats voluntarily in exchange for a later flight, usually with an incentive such as air miles or an upgrade.
However, if the airline does not have enough volunteers, it may have to deny boarding to some passengers. Those who are bumped from their flight have legal rights under EU Reg261.
Can I Claim Compensation For An Overbooked Flight If I Voluntarily Gave Up My Seat?
No. If you voluntarily agree to give up your seat on an overbooked flight, you would not normally have a right to claim compensation.
When a flight is overbooked, the airline will usually ask for volunteers to give up their seats before denying boarding to passengers against their will. In return, the airline may offer benefits such as money, vouchers, a replacement flight or other incentives.
If you accept the airline’s offer and voluntarily give up your seat, the terms and what you receive in return are usually agreed between you and the airline at that time.
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Should I Accept Vouchers As Compensation When An Airline Overbooks A Flight?
It is common for airlines to provide incentives such as vouchers or air miles for passengers who have voluntarily given up their seats.
However, if you have been involuntarily bumped off your flight, we advise you not to accept vouchers from the airline instead of compensation as usually, the vouchers will be of less value than the compensation you may be able to claim, and you may relinquish your legal rights by accepting them.
How Long After My Flight Can I Claim Compensation Overbooked Flights?
You have up to six years following the original departure date to start your flight compensation claim if you were not able to board the plane due to overboooking.
Why Do Airlines Overbook Flights?
Unfortunately, overbooking flights is not illegal and is standard for many airlines.
Airlines overbook flights as they predict a certain number of people who have purchased tickets will not show up on the day of travel. Some travel experts have suggested that as many as 150 tickets are sold for every 100 seats available.
When the airline’s estimation of how many people will show up for a flight is incorrect, they have too many passengers and not enough seats. In these instances, they ask for volunteers to take an alternative flight. If they do not have enough volunteers, they may need to deny boarding for some passengers.
Meet Our Solicitors
Coby Benson
A member of The Law Society and a SRA Registered Solicitor, Coby has been instrumental in establishing flight delay compensation law in the UK, including playing a significant part in the landmark cases of Huzar v Jet2 and Dawson v Thomson at The Supreme Court.
Coby is regularly asked for comment in the national media, regularly featuring in The Daily Telegraph, The Times, The Guardian and The Independent as well as appearing on BBC Television, Sky News, ITV and BBC Radio 4 and Radio Five Live.