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Overbooking and Passengers' Rights, How to Avoid Overbooking

Overbooking is a common practice in the travel industry that allows airlines, hotels, and other businesses to maximize their profits by selling more reservations than they have available. While this practice may benefit businesses, it can lead to a frustrating and inconvenient experience for travelers who find themselves unable to access the services they paid for.

     If you’ve ever booked a flight only to find out that it’s oversold, you’re not alone. Overbooking occurs when airlines sell more tickets than the number of seats available on a flight, usually in anticipation of cancellations or no-shows. While airlines often offer incentives to encourage passengers to voluntarily give up their seats, some passengers may still find themselves involuntarily bumped from a flight. Not only airlines but also tours, hotels or other activities can be overbooked. Even though it is rare in the tourism industry it may occur to you one day so it is best to know your rights before it happens.

     The very first thing for the flight attendants to solve the overbooking problem is to execute to rules strictly. What does this mean? It means that for example If you bought your ticket online they may ask you to show the credit card as it was a “risky transaction.” Even if you are travelling so often with the same way, online payment, don’t think that it may not occur to you. You are just lucky that your flight was not overbooked. Also during Covid-19 measures on flights, it was easier for airlines to find the “weakest link” by strictly implementing all the rules. So, if you didn’t have the exact type of mask, you might not be able to get on the plane, of course this used to applied in cases of overbooking.

     It’s frustrating to face a problem while you are thinking to have a good holiday or in a rush to be at somewhere and they tell you that you can’t get on the plane because it is overbooked. In such situations, it’s essential to know your legal rights as a traveler.

What are my rights when there is an overbooking situation?

     It is important to know your rights when you have an overbooking situation in an airplane or even in a hotel. Even though it is so important to read the terms and conditions before you buy a ticket or book a reservation, it is not common and even maybe one in a million situation that people read them. After having problem about overbooking, for sure you must read them to know which rights you have and decide your options.

     Depending on the country there are different laws and regulations, we will explain them in details below but before here are some general suggestions about: What you can do when there is an overbooking situation?

  1. Ask for compensation: In many cases, the service provider will offer compensation for the inconvenience caused by the overbooking. This could be in the form of vouchers, refunds, or free upgrades.
  2. Ask for rebooking: The service provider may also offer to rebook your reservation for a later date or time. If this is not satisfactory, you may be able to request a full refund.
  3. Check the terms and conditions: Be sure to read the terms and conditions of your reservation carefully. These will outline the company’s policy on overbooking and any compensation or rebooking options.
  4. Know your rights: In some countries, there are laws that protect consumers in the event of overbooking. You will have more information below about the law and regulations in USA, EU and Turkey.
  5. Be polite and persistent: While it can be frustrating to deal with an overbooking situation, it is important to remain calm and polite when speaking with customer service representatives. Being persistent and asking for options can sometimes lead to a better outcome.

How much I should be paid when there is an overbooking situation?

       The amount that an airline must pay you in case of an overbooking situation depends on the laws and regulations of the country in which the flight is operated. In general, the compensation amount varies based on the length of the delay caused by the overbooking and the type of flight (domestic or international).

  • In Turkey, the compensation amount also ranges from €250 to €600, depending on the distance of the flight. 
  • In the European Union, for example, the compensation amount ranges from €250 to €600, depending on the length of the flight and the length of the delay. 
  • In the United States of America, the Department of Transportation requires airlines to compensate passengers who are involuntarily bumped due to overbooking. The amount of compensation depends on the length of the delay and the cost of the ticket, and it ranges from 200% to 400% of the one-way fare, up to a maximum of $1,350

       It’s important to note that these compensation amounts are the minimum required by law, and some airlines may offer higher compensation as a gesture of goodwill or to incentivize passengers to voluntarily give up their seats. It’s also worth noting that if you voluntarily give up your seat due to an overbooking situation, the airline may offer you compensation, but the amount will be determined by the airline’s policy and may vary from case to case. 

     In any case, if you experience an overbooking situation, it’s important to familiarize yourself with the applicable laws and regulations, as well as the airline’s policies, to understand your rights and options for compensation. To be sure you can ask your lawyer to get the best option for you. As Erdal Nuhbasa Law Firm we will be glad to work with you on this occasion.

If you experience an overbooking situation, it's important to familiarize yourself with the applicable laws and regulations, as well as the airline's policies, to understand your rights and options for compensation.

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What is my legal rights in Turkey when there is an overbooking situation?

     In Turkey, your legal rights regarding overbooking situations are protected under the Turkish Civil Aviation Law No. 2920 and the Regulation on the Rights of Passengers in Air Transport. 

       If you are involuntarily denied boarding due to overbooking, you have the right to choose between: 

  1. Re-routing to your final destination as soon as possible, or 
  2. Refund of your ticket cost, along with a return flight to your initial point of departure.

     In addition to these, if you choose to be re-routed, the airline must provide you with accommodation and meals if the delay is overnight or if you have to wait for a long period. Furthermore, if you are denied boarding due to overbooking, you may also be entitled to compensation. The amount of compensation depends on the distance of the flight and ranges from 250 to 600 Euros. However, compensation is not payable if the airline offers you an alternative flight, which arrives at your final destination within two hours of the scheduled time of arrival of your original flight.

     Note: It’s essential to note that these rights only apply if you have a confirmed reservation, have checked in on time, and meet the airline’s boarding requirements

     If you find yourself in an overbooking situation in Turkey and feel that your rights have been violated, you should first try to resolve the issue with the airline directly. If this does not work, you can file a complaint with the General Directorate of Civil Aviation in Turkey or take legal action through the Turkish courts. Erdal Nuhbasa Law and Consulting Firm will be glad to work with you on this case.

What are the amount of compensations depending on the distance of flight in Turkey?

     We mentioned above that in Turkey, the compensation amount which an airline must pay you for an overbooking situation depends on the length of the flight and the length of the delay caused by the overbooking. So, depending on the distance amount of compensations in Turkey are: 

  • For flights up to 1500 km, the compensation amount is €250. 
  • For flights between 1500 km and 3500 km, the compensation amount is €400. 
  • For flights over 3500 km, the compensation amount is €600. 

     However, if the airline offers you an alternative flight that arrives at your final destination within two hours of the scheduled time of arrival of your original flight, compensation may not be payable. Don’t forget the note above: These rights only apply if you have a confirmed reservation, have checked in on time, and meet the airline’s boarding requirements.

What is my legal rights in EU when there is an overbooking situation?

       In the European Union, the amount that an airline must pay you for an overbooking situation is determined by the EU Regulation 261/2004, which establishes common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays. 

       If you are involuntarily denied boarding due to overbooking, the airline must offer you the following options: 

  1. Re-routing to your final destination as soon as possible. 
  2. Refunding of your ticket cost, along with a return flight to your initial point of departure.

        In addition, if you choose to be re-routed, the airline must provide you with meals and refreshments, access to communication facilities, and, if necessary, accommodation if the delay is overnight or for a longer period.

What are the amount of compensations depending on the distance of flight in EU?

       The amount of compensation in EU flights depends on the length of the flight and the length of the delay caused by the overbooking.

  • For flights up to 1500 km, the compensation amount is €250. 
  • For flights between 1500 km and 3500 km, the compensation amount is €400. 
  • For flights over 3500 km, the compensation amount is €600. 

       However, if the airline offers you an alternative flight that arrives at your final destination within two, three, or four hours (depending on the length of the flight) of the scheduled time of arrival of your original flight, the compensation may be reduced by 50%. 

      To have these rights you must have a confirmed reservation, have checked in on time, and meet the airline’s boarding requirements.

What is my legal rights in USA when there is an overbooking situation?

    According to the US Department of Transportation, if you’re bumped from a flight due to overbooking, you may be entitled to compensation. The amount of compensation depends on the length of the delay, the cost of the ticket, and whether the flight is domestic or international. 

     For domestic flights; 

  • If the airline arranges alternate transportation that gets you to your destination within one hour of your original scheduled arrival time, you may not be entitled to any compensation. 
  • If the delay is between one and two hours, you’re entitled to a cash payment equal to 200% of your one-way fare (up to a maximum of $675).
  • For delays exceeding two hours, you’re entitled to 400% of your one-way fare (up to a maximum of $1,350). 

     The compensation rules are slightly different for the international flights. 

     For international flights,

  • If the airline arranges alternate transportation that gets you to your destination within one hour of your original scheduled arrival time, you may not be entitled to any compensation.
  • If the delay is between one and four hours, you’re entitled to a cash payment equal to 200% of your one-way fare (up to a maximum of $675).
  • For delays exceeding four hours, you’re entitled to 400% of your one-way fare (up to a maximum of $1,350).

     It’s important to note that these compensation rules only apply to involuntary bumping due to overbooking. If you voluntarily give up your seat, you may be entitled to different compensation, such as a travel voucher or a free flight. 

     If you find yourself in a situation where you’ve been involuntarily bumped from a flight due to overbooking, the first step is to ask the airline about your compensation options. You should also make sure to get a written statement from the airline explaining why you were bumped and what your compensation options are. If you feel that the airline is not complying with the compensation rules, you can file a complaint with the US Department of Transportation.

How can I avoid overbooking?

    As a passenger, there are a few things you can do to reduce the risk of being involuntarily denied boarding due to overbooking: 

  1. Book your flight early: Airlines often overbook flights because they anticipate some passengers may cancel or not show up. By booking your flight early, you reduce the likelihood of being bumped because the airline will have a better sense of how many seats are available. While you are buying your flight ticket, if you choose the seat number it is unlikely that you will be bumped. 
  2. Check-in early: Checking in early can also reduce your chances of being bumped, as airlines typically prioritize passengers who have checked in first. 
  3. Confirm your flight before departure: Make sure to confirm your flight before departure to ensure that there have been no changes or cancellations. If there are any issues, it’s best to address them before arriving at the airport. 
  4. Join the airline’s frequent flyer program: Airlines often prioritize their frequent flyers and members of their loyalty programs in the event of an overbooking situation. By joining the program, you may have a better chance of keeping your seat. 
  5. Be flexible: If you’re able to, consider being flexible with your travel plans. Airlines may offer compensation for passengers who voluntarily give up their seats, and being flexible with your travel dates and times may increase your chances of receiving a good offer. 
  6. Arrive at the airport early: Arriving at the airport early can also reduce the likelihood of being bumped, as airlines often prioritize passengers who have checked in and arrived at the gate first.

     While these steps may not guarantee that you won’t experience an overbooking situation, they can help reduce the likelihood and increase your chances of keeping your seat.

What If my hotel overbooked and can’t provide a room for me?

     For hotels, overbooked situations is rare. But still as we had some clients from the European countries about hotel overbooking. We decided to write a few sentences about overbooking in a hotel. In the EU, if a hotel overbooks and is unable to provide you with the room that you reserved, you have the right to compensation and assistance. 

     Under EU law, if a hotel is unable to provide you with the room that you reserved due to overbooking, they must provide you with alternative accommodation of a similar standard, which they must pay for. If no alternative accommodation is available, they must provide you with a full refund of any payments you have made.

     In addition, you may be entitled to compensation for any inconvenience caused by the overbooking. The amount of compensation will depend on the specific circumstances of your case, such as the length of the delay in providing alternative accommodation, and the quality of the alternative accommodation provided. You should contact the hotel immediately if you have been affected by an overbooking, and if they are not able to provide you with suitable alternative accommodation, you should contact the local consumer protection authorities or a legal advisor for assistance.

For more questions you can contact us.

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