Airlines have a habit of selling more tickets than available seats, a practice known as overbooking, to maximize the occupancy of their flights and reduce losses from empty seats.
Through statistical models that calculate the expected rate of absences - usually 5% of passengers - companies seek to ensure additional income, since the cost of compensation to passengers is usually less than the economic loss derived from flying with free seats.
Although legal, this practice can cause significant damage to passengers, especially when estimates fail and more people than expected show up to board.
From the company AirHelp, which provides advice to passengers facing delays and cancellations, it is recalled that if the denial of boarding is against the will of a passenger, they can claim financial compensation and assistance, as stated in European Regulation EC 261, with compensation of up to 600 euros.
“On many occasions, the passenger affected by overbooking does not know that they can claim, nor what the steps are to do so. Information is key so that each traveler can defend their rights and receive the treatment established by law,” says Rosa Garcia, legal advisor at AirHelp.
Specifically, compensation amounts to 250 euros for flights of up to 1,500 kilometers; 400 euros for flights within the EU of more than 1,500 km and for those outside the Union between 1,500 and 3,500 km. If the cancellation occurs on a flight of more than 3,500 euros, the compensation amounts to 600 euros.
In the event that the company offers alternative transportation with arrival in a similar time, the compensation may be reduced by 50%.
The airline must also provide care and assistance, as well as food and drink according to the waiting time, accommodation if necessary, transportation between the airport and hotel, and two free communications (telephone, email, etc.).
In addition, the refund must occur within a maximum period of 7 days, while the relocation must be on the first available flight or on a later date that suits the passenger.
When the air passenger voluntarily agrees to give up their seat in exchange for benefits, the financial compensation provided for in EC 261 does not apply, and the conditions are negotiated directly with the airline.