Can Your Flight Be Lawfully Overbooked?

Published: 10th May 2010
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does not make any substitute travel arrangements for you, the compensation doubles (200% of your fare, $400 maximum).

* You always get to keep your original ticket and use it on another flight. If you choose to make your own arrangements, you can request an "involuntary refund" for the ticket for the flight you were bumped from. The denied boarding compensation is essentially a payment for your inconvenience.

Like all rules, however, there are a few conditions and exceptions:

* To be eligible for compensation, you must have a confirmed reservation. An "OK" in the Status box of your ticket qualifies you in this regard even if the airline can't find your reservation in the computer, as long as you didn't cancel your reservation or miss a reconfirmation deadline.

* You must meet the airline's deadline for buying your ticket. Discount tickets must usually be purchased within a certain number of days after the reservation was made. Other tickets normally have to be picked up no later than 30 minutes before the flight.


In addition to the ticketing deadline, each airline has a check-in deadline, which is the amount of time before scheduled departure that you must present yourself to the airline at the airport. For domestic flights most carriers have a deadline of 10 minutes before scheduled departure, but some can be an hour or longer. (Many airlines require passengers with advance seat assignments to check in 30 minutes before scheduled departure, even if they already have advance boarding passes. If you miss this deadline you may lose the specific seats you were promised, although not the reservation itself.)

Check-in deadlines on international flights can be as much as three hours before scheduled departure time, due partially to security procedures. Some airlines may simply require you to be at the ticket/baggage counter by this time; most, however, require that you get all the way to the boarding area. If you miss the ticketing or check-in deadline, you may have lost your reservation and your right to compensation if the flight is oversold.


* As noted above, no compensation is due if the airline arranges substitute transportation which is scheduled to arrive at your destination within one hour of your originally scheduled arrival time.

* If the airline must substitute a smaller plane for the one it originally planned to use, the carrier isn't required to pay people who are bumped as a result.

* The rules do not apply to charter flights, or to scheduled flights operated with planes that hold 60 or fewer passengers. They don't apply to international flights inbound to the United States, although some airlines on these routes may follow them voluntarily. Also, if you are flying between two foreign cities-from Paris to Rome, for example-these rules will not apply. The European Community has a rule on bumpings that occur in an EC country; ask the airline for details, or contact DOT.

The most effective way to reduce the risk of being bumped is to get to the airport early. On oversold flights the last passengers to check in are usually the first to be bumped, even if they have met the check-in deadline. Allow extra time; assume that the airport access road is backed up, the parking lot is full, and there is a long line at the check-in counter.

However, if you arrive so early that your airline has another flight to your destination leaving before the one that you are booked on, either switch to the earlier flight or don't check your bag until after the first flight leaves. If you check your bag right away, it might get put on the earlier flight and remain unattended at your destination airport for hours.

Airlines may offer free transportation on future flights in place of a check for denied boarding compensation. However, if you are bumped involuntarily you have the right to insist on a check if that is your preference. Once you cash the check, or accept the free flight, you will probably lose the right to demand more money from the airline later on.

However, if being bumped costs you more money than the airline will pay you at the airport, you can try to negotiate a higher settlement with their complaint department. If this doesn't work, you usually have 30 days from the date on the check to decide if you want to accept the amount of the check.

You are always free to decline the check and take the airline to court to try to obtain more compensation. The government's denied boarding regulation spells out the airlines' minimum obligation to people they bump involuntarily. Finally, don't be a "no-show." If you are holding confirmed reservations you don't plan to use, notify the airline. If you don't, they will cancel all onward or return reservations on your trip.

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