Is overbooking legal in the EU?

Overbooking: A Legal Practice in the EU with Passenger Protections

Air travel has become an integral part of modern life, and with it comes the occasional inconvenience of overbooking. Overbooking refers to an airline selling more tickets than the number of available seats on a flight. While this practice may seem unfair to passengers, it is legal within the European Union (EU).

Regulation (EC) 261/2004: The Legal Framework for Overbooking

The legality of overbooking in the EU is governed by Regulation (EC) 261/2004. This regulation establishes a comprehensive set of rules for air passenger rights, including those related to overbooking.

According to Regulation (EC) 261/2004, airlines are permitted to overbook flights, but they must do so within certain limits and provide adequate compensation to passengers who are denied boarding due to overbooking.

Recourse for Affected Passengers

Passengers who are denied boarding due to overbooking have the following legal rights:

• Compensation: Passengers are entitled to compensation of up to €600, depending on the flight distance and the delay caused by the overbooking.
• Re-routing: Airlines must offer passengers alternative flights to their destination as soon as possible, free of charge.
• Care: Airlines must provide passengers with meals, refreshments, and, if necessary, accommodation while they wait for an alternative flight.
• Assistance: Airlines must provide passengers with timely and clear information about their rights and the reasons for the overbooking.

Protecting Passenger Rights

To ensure that passengers’ rights are protected, EU authorities have implemented strict regulations for airlines. Airlines that overbook flights in violation of the規定 may face fines and other penalties.

Passengers who have been denied boarding due to overbooking should contact the airline immediately to inquire about their rights and entitlements. It is essential to keep a record of all communications with the airline, including any receipts for expenses incurred while waiting for an alternative flight.

Conclusion

Overbooking is a legal practice in the EU, but airlines must comply with Regulation (EC) 261/2004 and provide appropriate compensation and assistance to passengers who are denied boarding due to overbooking. By enforcing these regulations, EU authorities ensure that passengers’ rights are respected and that airlines operate within a fair and transparent regulatory environment.