Is overbooking legal in the UK?

Is Overbooking Flights Legal in the UK? Your Rights When Bumped

Airline overbooking is a frustrating reality for many travellers. The practice, where airlines sell more tickets than there are seats on a plane, anticipating some passengers won’t show up, can lead to passengers being involuntarily “bumped” from their flights. While frustrating, the practice itself isn’t outright illegal in the UK. However, strong passenger protections exist to mitigate the inconvenience and expense this can cause.

The key piece of legislation protecting passengers in the UK against the downsides of overbooking is EU Regulation 261/2004. Although the UK is no longer part of the European Union, this regulation was incorporated into UK law and continues to apply to flights departing from UK airports and flights arriving in the UK from airlines based in the EU, Iceland, Norway, or Switzerland.

This means that if you’re denied boarding against your will due to overbooking on a qualifying flight, you have specific rights. These include:

• Right to Compensation: You may be entitled to financial compensation, ranging from £220 to £520 depending on the flight distance and the length of the delay reaching your final destination. This isn’t just a refund for your ticket; it’s compensation for the disruption.
• Right to Re-routing or Refund: The airline must offer you the choice of being re-routed to your final destination at the earliest opportunity or receiving a full refund for your unused ticket.
• Right to Care: While waiting for your re-routed flight or deciding on a refund, the airline is obligated to provide you with care and assistance. This includes meals and refreshments, hotel accommodation (if necessary), and transportation between the airport and your accommodation. They must also facilitate two free phone calls, telex messages, or emails.

It’s important to note that airlines often initially try to find volunteers to give up their seats in exchange for benefits like travel vouchers or upgrades. However, if you voluntarily give up your seat, you are not automatically entitled to the same compensation rights as someone involuntarily denied boarding. Negotiate the best possible deal for yourself in this scenario, ensuring it’s clearly documented.

If you are involuntarily denied boarding, ensure you understand your rights under EU261. Request a Denied Boarding Compensation form from the airline, keep all your travel documents, and gather evidence of the disruption, such as photos of departure boards and receipts for expenses incurred. If the airline refuses to cooperate or offers inadequate compensation, you can escalate the matter to the Civil Aviation Authority (CAA) for flights departing from the UK, or the relevant national enforcement body for flights departing from other EU261-covered countries.

Overbooking might be a common practice, but it doesn’t mean you have to passively accept disruption. Knowing your rights under EU261 empowers you to navigate these situations effectively and claim the compensation you deserve.