The denied boarding or the overbooking
Article. 4 of the European Regulation n ° 261/2004 provides for the power on the part of airlines, to accept a number of reservations more than the number of seats available on the flight and to deny boarding to any passengers in possession of a book or card boarding, if there is an excess of reservations ( overbooking , in fact).
This practice, although seemingly unjust, is seeking to avoid the occurrence of the reverse case: the presence of a small number of passengers on the flight booked due to the waiver of certain trip, resulting in economic disadvantages for the airlines.
Fortunately, the EC Regulation no. 261/2004 has filled at least in part, this imbalance in favor of airlines, providing important protections in favor of passengers “forced” to cancel the trip.
Which ones are they?
- Operators, in the first place , ask if there are volunteers willing to surrender their reservations in exchange for benefits to be agreed between the passenger concerned and the operating air carrier.
In this case, the volunteers have the opportunity to choose between two options alternatives , according to art. 8 of Reg. 261/2004:
- the reimbursement , within the next 7 days, the full price of the ticket at the time of purchase, for / the part / s of non-performed / eo already made trip (if the flight is no longer serving any purpose in relation to your original travel plan passenger). In this case, also the right to a return flight to the initial point of departure, as soon as possible;
- l ‘ boarding on an alternative flight to the final destination, under the same conditions of the original flight, as soon as possible or at a later date to his liking, depending on the availability of seats.
- If the number of volunteers not be sufficient to allow the remaining passengers holding reservations, the operating air carrier may then deny boarding to passengers against their will.
In this case, the passengers against their will are entitled:
- immediate payment of a compensation variable between 250 and 600 Euro (depending on the flight);
- assistance provided in case of delays or cancellations.
They are also frequent cases where the airlines deny boarding to passengers for reasons of health or public safety , or the lack of proper documentation – related both to the same passengers and the transport of animals or luggage oversize – required by General Conditions of carriage
This, indeed, is the only case in which there is no provision, in favor of the passenger, any of the safeguards mentioned above.
However, not always denied boarding imposed by airlines is based on reasonable grounds.
So it is always wise to contact an experienced attorney in law at the tourist transport, to check the validity of the exclusion imposed by the Company and assess legal action for reimbursement of the ticket and the possibility of compensation for damage suffered as a result of denied boarding .
