Can I claim compensation if the booked flight is overbooked?
January 18, 2023 | 40,00 EUR | answered by Alwin Hohenwarter
Dear lawyer,
My name is Ulrike Melzer and I have a question regarding travel law. Recently, I booked a flight for my vacation and I have been informed that the flight is overbooked and I am no longer able to fly. This has caused significant inconvenience and additional costs for me, as I had to completely rearrange my travel plans.
I am concerned about whether I can claim compensation in this situation. After all, I booked my flight in a timely manner and should have the right to travel without any issues. I feel very disadvantaged by the overbooking of the flight and would like to know if I have a legal right to compensation.
Could you please help me and provide possible solutions on how to proceed in this situation? Are there specific laws or regulations that could assist me in this case? I appreciate your support and hope that you can assist me with my concerns.
Thank you in advance and kind regards,
Ulrike Melzer
Dear Mrs. Melzer,
Thank you for your inquiry regarding travel law. I am sorry to hear that you have experienced significant inconvenience and additional costs due to the overbooking of your flight. In such cases, it is important that you are aware of your rights as a passenger and may demand compensation if necessary.
Under EU law, passengers affected by overbooking are usually entitled to compensation. According to Regulation (EC) No. 261/2004, passengers whose flight was cancelled or overbooked may be entitled to compensation under certain conditions. The amount of this compensation depends on the length of the planned travel distance and can be up to 600 euros per person, depending on the distance.
To receive compensation, you must report the incident to the airline and provide evidence that you were affected by the overbooking. It is advisable to keep all relevant documents such as booking confirmations, communications from the airline, and receipts for incurred costs.
If the airline refuses to pay you a reasonable compensation, you can contact a consumer protection organization or a travel law attorney. An attorney can help you enforce your claims and take legal action if necessary.
In addition to financial compensation, you may also have a right to alternative transportation. The airline is usually required to offer you alternative transportation to your destination or allow you to rebook on another flight free of charge.
Overall, it is important that you know your rights as a passenger and respond appropriately in case of overbooking. I hope this information is helpful to you and I am available to assist you further if you have any more questions.
Sincerely,
Alwin Hohenwarter
