Overbooking occurs when airlines accept more reservations for a flight than actual seats on the plane. This practice is not illegal. Airlines do it because usually some booked passengers do not turn up.
However, when all passengers actually turn up for the flight, the airline has no other alternative but to leave a few passengers behind.
If such a situation occurs when flying from an EU airport or to an EU airport, the airline must compensate those passengers who are left behind. To be entitled to compensation, three conditions need to be satisfied:
• You must have a valid ticket;
• You must have a confirmed reservation;
• You must have checked in by the deadline given to you by the airline.
However, prior to denying boarding to a number of passengers, the airline must first seek volunteers who agree to be placed on a later flight or choose to have their tickets refunded. Volunteers are also entitled to benefits which they have to negotiate with the airline.
The law provides no parameters as to what benefits the airline should offer.
Passengers who do not volunteer but due to overbooking are denied boarding are entitled to assistance and compensation, as if their flight has been cancelled. Hence, these passengers must first be offered a choice between a full refund and an alternative flight.
Passengers must also be looked after through meals and refreshments and the possibility of making two free telephone calls, e-mails or faxes.
In the event of re-routing when the flight is the next day, free accommodation and transport to and from the airport should be provided by the airline. In addition to all this, passengers have the right to monetary compensation, which varies according to the duration of the flight.
The minimum amount is €250, which covers flights of 1,500 km or less, €400 for flights of more than 1,500 but less than 3,500 km. The maximum compensation is of €600 for all flights, which cover a distance of more than 3,500 km.
The distance is calculated from the first point the passenger is denied boarding and the final destination.
This financial compensation could be reduced by half when passengers are offered re-routing to their final destination on an alternative flight and arrival time does not exceed the scheduled arrival time of the flight originally booked by not more than two hours in respect of all flights of 1,500 kilometres or less, or not more than three hours in case of flights between 1,500 and 3,500 km, or by four hours in respect of flights of more than 3,500 km.
Ms Vella is senior information officer, Consumer and Competition Division.
customer@timesofmalta.com, odette.vella@gov.mt