Your flight operated by Asiana Airlines is saturated: what are your rights in the event of overbooking?
When you arrive at the airport, you learn that your flight is full. Too many seats have been sold, so not everyone will be able to board. Very often, the airline company spontaneously offers passengers to delay their departure. Whether you accept or reject this offer, find out your rights.
You have agreed to delay your trip, what are your rights?
You are considered a voluntary passenger and you must therefore negotiate your services with the air carrier.
You can therefore choose between:
– re-routing by another flight,
– reimbursement of the ticket only if you give up undertaking the journey.
You do not want to delay your departure, what are your rights?
You benefit :
– the choice between re-routing by another flight and reimbursement of the ticket,
– taking charge of your re-routing (refreshments, catering, two communications, accommodation, transfers),
– the right to immediate compensation.
What are the conditions of compensation?
The compensation only concerns flights departing from a member state of the European Union or from a third state bound for a member state if the flight is provided by a Community carrier.
The amounts of compensation are identical to those provided in the event of delay and cancellation. (€ 250 for journeys of 1,500 kilometers or less, € 400 for those between 1,500 and 3,500 kilometers and for all intra-Community flights of more than 1,500 kilometers, € 600 beyond 3,500 kilometers for non-Community destinations.)
Procedures and formalities
– How to obtain compensation in the event of overbooking?
You have to write to the airline or the travel agency. In the event of refusal of compensation, the legal protection guarantee backed by your home insurance contract can help you.
Asiana Airlines can force you to accept credit?
No, it cannot force you to accept credits. It must compensate you by check, transfer or cash.
What is the deadline for submitting your claim?
You have a period of action of 5 years with Asiana Airlines or your travel agency from the initial departure date of the flight.
What measures should the flight be canceled?
The passenger must be redirected on another flight or reimbursed for his plane ticket by the South Korean company if he renounces his journey.
He is also entitled to compensation. But it is not due if the passenger is informed two weeks before the departure time, or if a place is offered to him on board another flight at an hour close to the schedule initially planned both on departure and on arrival, or if the carrier proves that the cancellation is due to extraordinary circumstances (for example a surprise strike by air traffic controllers).
Depending on the waiting time, the company must also offer refreshments, catering, two communications, accommodation and transfer between the accommodation and the airport.
Nevertheless, a clause specifies that the air carrier may not pay compensation if it proves that the delay or cancellation was due to extraordinary circumstances.
The regulations list in particular cases of political instability, weather conditions, security risks, unforeseen failures that may affect flight safety.
What is the amount of the lump sum compensation?
– 250 euros for journeys of 1,500 kilometers or less
– 400 euros between 1,500 and 3,500 kilometers and for all intra-Community flights over 1,500 kilometers
– 600 euros beyond 3,500 kilometers for non-EU destinations.