AIR PASSENGER RIGHTS

Compensation for Overbooking

ReFly protects the rights of air passengers in case of overbooking.

Do not let overbooking ruin your travel experience. We are here to help you claim your rights and get what you deserve. ReFly operates in accordance with Regulation (EC) No. 261/2004 of the European Union, which states that air passengers are entitled to compensation in case of overbooking.

In case of overbooking, if a passenger with a confirmed reservation is denied boarding, they are entitled to financial compensation, as the law provides specific remedies for such situations.

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When am I entitled to compensation for denied boarding due to overbooking?

You are entitled to compensation for overbooking under Regulation EC 261/2004 if your flight departs from a country in the European Union or Great Britain. This rule also applies to flights arriving from the European Union or Great Britain if operated by an EU airline. This right applies when you are denied boarding on a flight for which you have a confirmed reservation due to excess bookings by the airline, and you have not voluntarily given up your seat.

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What's the compensation for denied boarding due to overbooking?

The compensation amount for denied boarding due to overbooking, according to EU Regulation 261/2004, depends on the flight distance. Here are the details of the amounts you may be entitled to receive:

€250

For flights up to 1,500 km: If you are denied boarding, you may be entitled to compensation of 250 euros.

€400

For flights within the EU between 1,500 km and 3,500 km: In these cases, the compensation may be 400 euros.

€600

For flights outside the EU exceeding 3,500 km, the compensation is 600 euros if the delay at the final destination is more than 3 hours.

It only takes 2 minutes.

How can I get my compensation?

Here's how to do it in 3 simple steps:

1

Send the claim request

It only takes 1 minute to discover the amount of your compensation.

2

We work for your rights

Our legal team will collaborate with the airlines and authorities regarding your case.

3

Receive your compensation

As soon as we win the lawsuit, you will receive the money in your bank account

Know your overbooking rights for a better travel experience!

In case of denied boarding due to overbooking on a flight, air passengers' rights are protected and regulated by the European Union Regulation (EC) No. 261/2004. Here is a list of the main rights you have as a passenger:

  • File a complaint if your rights are not respected.

    If you believe your rights have not been respected, you can file a complaint directly with the airline. If you are not satisfied with the airline's response, you can forward your complaint to the national authority in the EU country where the incident occurred or in the EU country of departure.

  • Right to choose between Refund or Rerouting

    If you are denied boarding against your will, the airline must offer you the choice between:

    • Full refund of the ticket cost within seven days for the part or parts of the journey not made and for those parts already made if the flight no longer serves the original purpose of the trip, along with, if necessary, a return flight to the initial point of departure at the earliest opportunity.
    • Rerouting to the final destination, either immediately or at a later time, subject to availability. In case of waiting for the next flight, you are entitled to meals, refreshments, two communications (phone calls, fax, emails), hotel accommodation, and transportation between the airport and the hotel if needed.
  • Right to Financial Compensation

    In addition to reimbursement or rerouting, you are entitled to immediate financial compensation ranging from €250 to €600, depending on the flight distance and the delay upon arrival at your destination caused by the rerouting.
    It is important to note that the financial compensation may be reduced by 50% if the rerouting offered allows you to arrive at your destination with only a minimal delay compared to the originally scheduled arrival time of the flight.

Always remember that claiming compensation does not oblige you to waive your right to a refund of your ticket under Regulation (EC) No. 261/2004 of the European Union. These two rights serve different purposes and can be requested independently of each other, depending on the circumstances.

What does the term Refund refer to?

A refund refers to the reimbursement of the ticket cost for the part or parts of the journey not completed and, if applicable, for the parts already completed if the flight no longer serves the original purpose of the trip. The refund is particularly relevant in cases of cancellations, long delays, or if you are denied boarding (for example, due to overbooking).

What does the term Compensation refer to?

Compensation is an independent payment intended to acknowledge the inconvenience suffered due to cancellations, significant delays (usually 3 hours or more), or boarding denied against your will. The amount of compensation varies depending on the flight distance and the specific circumstances of the travel disruption.

You can then request both a ticket refund and compensation, if the circumstances justify it. For example, if your flight was canceled and you decide not to accept an alternative flight offered by the airline, you might be entitled to both a full ticket refund and compensation for the inconvenience caused by the cancellation.

It is important to be informed about your rights and to clearly communicate your requests to the airline. If you encounter difficulties in handling your request with the airline or if you believe that your rights have not been respected, you can contact the national authority responsible in the EU country where the incident occurred or in the EU country of departure for assistance

If you find yourself in a situation where the airline does not provide the assistance measures required by European Union Regulation (EC) No. 261/2004 in case of denied boarding due to overbooking, such as meals, beverages, two phone calls, hotel accommodation, and transportation, here’s what you can do:

  • Document everything.

    Keep all evidence of the missed boarding and the lack of assistance provided, such as emails, text messages, or verbal communications with airline staff. Also, make a list of the expenses you incurred due to this situation.

  • Request assistance directly at the airport.

    If possible, speak with an airline representative at the airport and request the immediate assistance you are entitled to according to the regulations. If you are denied, document the name of the person you spoke with and the response you received

  • Cover your expenses, if necessary.

    If you find yourself in a situation where you need to cover expenses for meals, accommodation, or transportation, try to keep the costs reasonable and save all the receipts. These will be essential for a possible reimbursement.

  • Request reimbursement of expenses.

    Once you return home, contact the airline to request reimbursement for the expenses incurred due to the lack of assistance. Attach all receipts and provide a detailed description of the incident, specifying that the airline did not provide the assistance required by Regulation (EC) No. 261/2004.

  • Submit an official complaint.

    If the airline refuses to reimburse you or does not respond within a reasonable time, you can file a complaint with the national authority in the EU country where the incident occurred or in the EU country where the flight departed. This authority can assess your case and provide assistance in asserting your rights.

Remember that you have the right to receive immediate assistance in case of denied boarding due to overbooking. Acting informed and keeping detailed documentation are essential steps to ensure your rights are respected.

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ReFly operates in accordance with regulations
related to passenger rights

Only a few air travelers are aware of their rights, and many of them lack the legal understanding necessary to claim compensation for flight delays. Even if they are aware of their rights, the process of requesting compensation from airlines can be challenging.