Do I have a right to compensation if I was unable to fly due to overbooking?
March 23, 2024 | 40,00 EUR | answered by Ralf Schlittmaier
Dear Travel Law Attorney,
I am writing to you with a question regarding my flight, where I was unable to board due to overbooking. My name is Elvira Krebs and I had booked a flight from Munich to New York. When I arrived at the airport, I was informed that the flight was overbooked and there was no longer a seat available for me. I was rebooked on a later flight, which only departed the next day. As a result, I lost a whole day of my trip and had to incur additional costs for an overnight stay at the airport as well as for food.
I am very upset about this situation and I am wondering if I am entitled to compensation. I paid a lot of money for my flight and relied on arriving in New York on time. However, due to the overbooking, this was made impossible for me and I had to spend time and money on circumstances that were not my fault.
Can you please tell me if I legally have a right to compensation and how I should proceed in this case? Are there ways to hold the airline accountable and receive appropriate compensation? I would greatly appreciate your professional advice and support on this matter.
Thank you in advance for your assistance.
Sincerely,
Elvira Krebs
Dear Mrs. Krebs,
Thank you for your inquiry regarding the overbooking of your flight from Munich to New York and your question about whether you are entitled to compensation. As a lawyer specializing in travel law, I can assist you with this.
In general, passengers who are unable to fly due to overbooking are usually entitled to compensation. This is provided for in the EU Passenger Rights Regulation (Regulation (EC) No. 261/2004), which grants a right to compensation in such cases. The amount of compensation depends on the distance of your flight and is 600 euros for flights of more than 3500 km.
In addition to the compensation, you are also entitled to reimbursement of any additional costs incurred as a result of the overbooking. This may include costs for overnight stay at the airport, as well as for meals. You also have the right to assistance, such as meals, drinks, communication facilities, and possibly accommodation if your replacement flight is the next day.
To claim your entitlement, I recommend that you first contact the airline in writing and request payment of compensation and reimbursement of additional costs. If the airline does not comply with your claim, you can contact a mediation body or a lawyer specializing in travel law to enforce your rights through legal means.
It is important to keep all receipts and documents, such as boarding passes, invoices for additional costs, and correspondence with the airline, carefully to support your claim.
Overall, you have a good chance of receiving appropriate compensation from the airline, and I am here to assist you in enforcing your rights. Please do not hesitate to contact me if you have any further questions or need my support.
Yours sincerely,
Ralf Schlittmaier
Lawyer specializing in travel law
