DENIED BOARDING  
 
 

An airline, often due to the practise of overbooking, finds it has too many passengers for the aircraft seats it has available. The practise of overbooking is quite standard and legal but it means that the airline can not accommodate all the passengers. Denied boarding is the technical term for what might more commonly be described as flight bumping or being bumped off a flight.

Few detailed statistics are available on this practise as it is a commercially sensitive area for airlines. Airlines are not happy disclosing these details such as how frequently denied boarding occurs and what precisely they offer you in compensation in the event of bumping you off a flight.

Why does flight bumping or denied boarding come about?

An airline knows from its practise that a certain percentage of passengers who book a seat on a particular flight will not show. This is perhaps higher where a high number of business travellers are due to fly on the particular flight.

A businessperson may be travelling on a fully flexible ticket-they reserve a seat on a particular flight but their plans change or their important business meeting overruns and they don’t turn up to take the flight. This is a "no-show".

If airlines only took reservations for the seats they had available for a flight they would end up losing money by consistently flying with less full aeroplanes. This carriage of empty seats, airlines argue, would push up the overall cost of travel.

For the same reason it is possible to arrive at an airport and be placed on standby on the basis that some of these passengers with reservations will not turn up.

Therefore overbooking could be seen not necessarily as a bad or illegal practise but simply a commercially expedient practise. Airlines would say that this overall allows them to keep prices lower than they otherwise would be.

However now and again, there may be flights where more passengers turn up to take the flight than is statistically predicted. In this situation some passengers are going to be disappointed.

Airlines have procedures to deal with the situation .Whether they are effective or necessarily just and equitable is up to the flightmole user to decide for him/herself

Often airlines will ask for volunteers in the first instance. They will provide an inducement to potential volunteers passengers to give up their seat in exchange for a benefit. This might be something which is not in cash but could be potentially be valuable to the passengers such as an upgrade or vouchers for future travel with the airline.

Therefore the general system is that an airline will attempt to induce a passenger to volunteer to give up their seat in exchange for a benefit.

The situation can become more interesting where either the airline does not have a system of providing a voluntary offer or where there are no takers for what the airline offers. In these cases the airline will be forced to deny boarding to particular passengers.

Where an airline is forced to deny boarding to passengers it will generally attempt to do this to those passengers it regarding as the least valuable to the airline.

For example an airline would not wish to upset a frequent flyer with that airline or perhaps a passenger who is more able to transfer their flight and custom to a competitor airline. Here an airline is required to make very rapid assessments of what is in the airline's best commercial interests. These commercial interests are in conflict with the passengers and you can begin to understand why an airline doesn't wish to disclose too much detail in this area-both to their airline customers and to their competitor airlines.

The rights you have as an airline passenger can vary according to geography.

The European Union’s EU Regulation 261/2004 has given specific rights to passengers where this applies. We will separate those situations where this EU Regulation applies to those situations that might apply elsewhere in the world, such as the United States.

If your flight involved travel to an EU country Regulation 261/2004 may apply to you. Therefore read more about what EU 261/2004 says regarding denied boarding and the rights it gives to you and the duties it imposes upon EU air carriers.

The United States also has national laws dealing with the issue of Compulsory denied Boarding and if the flight is governed by these laws these should also be considered.

As with delay and cancellation, these national consumer laws overlay the law of the contract applying between the passenger and the airline. Individual airlines within their contract with the passenger may seek to introduce "voluntary" elements of compensation in the event of a compulsory denied boarding.

Therefore the air passenger will need to understand several elements to obtain a complete understand for his/her consumer rights for any particular occasion.

Flightmole suggests that the airline consumer first examine the national/international dimension to a flight before then looking to see how a particular airline might seek to enhance the compensation/redress available to the passenger.

 

 

 
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