Carriers are quick to sell more seats than their planes hold. How to react ?
You arrive at the airport on time, your reservation duly confirmed in hand, but you cannot board: you have been the victim of an error in the management of orders or, more likely, an overbooking, also called Overbooking Clearly, the carrier would like to ensure a maximum occupancy rate despite the inevitable defections, it has thus marketed more seats than the plane contains.
Considered a necessary evil, this practice is now accepted. However, the traveler who has suffered it must be compensated as provided for in European Regulation No. 261/2004. These compensation rights apply to both scheduled and charter flights, including when they are part of a package trip.
Are you traveling with Vueling? You are protected
The regulation only concerns passengers regardless of the nationality of European airlines or flights served from European airports.
By European flight, we must understand
– flights departing from an airport located in a Member State of the European Union as well as in Norway, Iceland or Switzerland, regardless of the airport of arrival (same State, other member of the Union or country third party) and regardless of the nationality of the carrier;
– flights to an airport located in a Member State of the European Union as well as in Norway, Iceland or Switzerland, regardless of the departure airport, as long as the carrier is considered to be “Community”, that is to say, he has a license issued by a State of the European Union.
Domestic flights are therefore always European flights.
Be aware, however, that some countries such as the United States or Canada offer similar protections to those in force in Europe. Ask before leaving.
Volunteer when leaving the plane? Does the passenger lose their rights in this case?
The carrier must call in volunteers when it is obvious that there will be a shortage of seats on the plane, so without waiting for the end of the passenger check-in. It is only when the number of volunteers is insufficient that it can refuse to embark travelers against their will.
You decide to volunteer: you leave your place on board, in exchange for certain services that you will have to agree with the transporter, generally financial compensation.
In addition to these services, which you can freely negotiate, the European legislative text gives you the right to choose between the full reimbursement of your ticket with a return flight to your original departure point if you are in transit and another flight to your final destination either as soon as possible or at a later date at your convenience), in addition to monetary compensation.
You are not a volunteer
You are not a volunteer, but the carrier refuses to board you because there are not enough places on board. Know that you have the same rights as passengers who are the victims of a flight cancellation.
First, you are entitled to airport pickup. If you are stuck waiting for a replacement flight, the carrier must provide you with refreshments and catering, and allow you to make two free phone calls, two faxes, or two email messages. And if the departure of the replacement flight is not scheduled for the same day, you are entitled to hotel accommodation and transportation between the airport and the accommodation to departure.
Beyond this support, the carrier must offer you an alternative new flight or refund of the ticket and pay you a lump sum compensation. Your rights are detailed in the following article.
The Spanish airline which practices denied boarding due to overbooking has a double obligation to inform:
Post prominently in the registration area a notice inviting the traveler to inquire about their rights in terms of compensation and assistance.
Present a written note to each denied boarding passenger, which includes the compensation and assistance rules.
Transported or refunded! And necessarily compensated.
You are denied boarding against your will due to overbooking. Vueling will have to offer you three solutions. You choose.
First option: the carrier reimburses you for the ticket (at the price purchased) for parts of the trip not completed, but also for parts of the trip already completed and which have become useless compared to your travel plan; if applicable, he also pays you for a return flight to your initial point of departure as soon as possible. Reimbursement must be made within seven days in cash, transfer or check, unless you expressly accept that it be in the form of travel vouchers or other services.
Second option: the carrier transports you by another flight to your final destination, under comparable conditions and as soon as possible.
Third option: the carrier transports you on another flight to your final destination, under comparable conditions at a later date, at your convenience, subject to the availability of seats.
Please note: if the flight proposed as a replacement lands at an airport other than that which was originally planned, the carrier must bear your transfer costs to the airport provided for departure, or to another nearby destination agreed with you.
Indemnities and more, if necessary
Non-boarding often causes more or less serious damage for those who are not voluntary. In some cases, it can cost you dearly, morally or financially: for example, if you miss an exam, a significant family event, the conclusion of a contract.
First of all: the carrier must pay you a lump sum, even if you have not suffered any particular damage. This compensation will depend on the flight distance (as the crow flies) and, in the event of re-routing, the delay in arrival.
– Up to 1,500 km, you will receive € 250 (€ 125 if you arrive within two hours of the schedule originally planned).
– For intra-Community flights of more than 1,500 km and for all flights with a distance of 1,500 to 3,500 km, you will receive € 400 (€ 200 if you arrive within three hours of the schedule originally planned).
– For all other flights, you will receive € 600 (€ 300 if you arrive within four hours of the schedule originally planned).
The carrier is required to pay you compensation in cash or by any other means (check, transfer, etc.). Compensation in the form of travel vouchers or credit notes can only be made with your written agreement.
What if your damage is greater? Receiving this lump sum compensation does not deprive you of the right to go to court to claim more if its amount does not cover the damage that you actually suffered.
Vueling ignores your rights. What to do ?
First step: send a registered letter with acknowledgment of receipt to the company’s customer service to try to settle the dispute amicably. In this letter, explain precisely the situation, your prejudice and your grievances.
Use the solutions proposed by the compensation firms.
If your various efforts are unsuccessful, you can, as a last resort, take legal action. You can contact lawyers who specialize in handling airline passenger claims for compensation.