Is overbooking legal in the UK?

Overbooked Flights in the UK: Your Rights and Recourse

Airlines routinely overbook flights, a practice that aims to maximise capacity and compensate for no-shows. While this might seem unfair, it’s generally legal in the UK. However, the legality doesn’t negate the significant disruption and inconvenience it can cause passengers who are involuntarily denied boarding. Crucially, robust legal protection exists for those affected.

The cornerstone of passenger protection against overbooking is EU Regulation 261/2004. While the UK is no longer a member of the European Union, this regulation continues to apply to flights departing from airports within the UK. This means that if you’re a passenger departing from a UK airport on a flight operated by an EU airline or from within the EU on a UK airline, the same rights still apply. This is due to a continuation agreement, ensuring existing regulations remain in effect until new UK legislation supersedes them.

Regulation 261/2004 outlines specific rights for passengers involuntarily denied boarding due to overbooking. These rights are triggered only if the denial is involuntary; if you choose to give up your seat voluntarily in exchange for compensation, this falls outside the scope of the regulation.

What compensation can you claim under EU Regulation 261/2004?

The compensation amount varies depending on the flight distance:

• Flights under 1500km: €250
• Flights between 1500km and 3500km within the EU: €400
• Flights over 3500km: €600

It’s vital to note that these are minimum amounts, and in certain circumstances, higher compensation might be awarded. For instance, if the airline fails to offer adequate care (such as providing reasonable meals and accommodation), further compensation could be sought.

Beyond financial compensation, the airline is also obligated to:

• Offer you alternative travel arrangements: This might involve re-routing on a later flight or providing a flight with a different airline. The airline must ensure you reach your final destination with minimal delay.
• Provide care and assistance: This includes meals, refreshments, accommodation if necessary (including transfers to and from the accommodation), and communication facilities.

Taking Action:

If you’re involuntarily denied boarding due to an overbooked flight, document everything meticulously. Gather your boarding pass, flight confirmation, and any communication with the airline. Keep records of expenses incurred due to the disruption, such as receipts for meals and accommodation.

Contact the airline immediately to claim your compensation and arrange alternative travel. If the airline refuses your claim or offers inadequate compensation, consider seeking advice from a consumer rights organisation or a solicitor specialising in passenger rights. While the process might seem daunting, pursuing your claim is often worthwhile, considering the significant sums involved.

In conclusion, while overbooking is a legal practice, passengers in the UK retain strong legal protection against its consequences thanks to the ongoing applicability of EU Regulation 261/2004. Knowing your rights and understanding the process for claiming compensation empowers you to navigate this frustrating situation effectively.