Bumped from an overbooked flight? Your compensation rights in the UK and US

Why flights are overbooked

Airlines know that some passengers with tickets won’t show up, so on many flights they sell slightly more seats than the aircraft has. Usually it works out. When it doesn’t, someone has to give up their seat. The US Department of Transportation (DOT) calls this bumping; UK and EU rules call it denied boarding.

Both sets of rules say the same first step: before bumping anyone, the airline must ask for volunteers. Only if too few people volunteer can it refuse boarding to passengers against their will, and then fixed compensation applies.

Which rules cover your flight?

UK rules (UK261) apply to flights departing from a UK airport on any airline, and to flights arriving in the UK on a UK or EU airline. US rules apply to flights departing from a US airport. On a transatlantic flight, that means both, one or neither may apply.

If you’re asked to volunteer

Volunteering can be worth it if your plans are flexible, but the fixed compensation above doesn’t apply to volunteers. What you get is whatever you agree with the airline, so treat it as a negotiation. Under UK261, volunteers are still entitled to a refund or another flight, and to care while they wait, on top of what they’ve agreed.

Before you agree, ask:

• When the next available flight leaves and arrives, and whether your seat is confirmed
• Whether the offer is cash or a voucher, and if it’s a voucher, how long it lasts and what restrictions apply
• Whether meals, a hotel and transport are included if you have to wait overnight
• What happens to your checked bags
• Whether connecting flights and the return trip on your booking stay valid

Bumped against your will: UK rules

If you’re denied boarding against your will on a flight covered by UK261, the airline must pay compensation straight away, the CAA says, as long as you had a confirmed booking and checked in on time. The amount depends on the flight’s distance, as in the table above, and can be halved if the airline reroutes you to arrive close to your original time.

You also get a choice between a refund for the unused parts of your ticket, paid within 7 days according to GOV.UK, and another flight to your destination at the earliest opportunity or at a later date that suits you. While you wait, the airline must provide care: meals and refreshments, a means to communicate and, if you have to stay overnight, a hotel and transport to it.

Being refused boarding for other reasons isn’t covered. Airlines can turn you away for reasonable grounds such as health, safety, security or not having the right travel documents, and no compensation is due then. Check our guide to passport validity rules before you fly.

Bumped against your will: US rules

The DOT says you’re entitled to denied boarding compensation if you were bumped involuntarily from a flight departing a US airport, you had a confirmed reservation, and you checked in and reached the departure gate on time. The amount is a percentage of your one-way fare, capped as shown in the table, and you’re generally entitled to it as a check or cash, not only as a voucher.

The airline must also give you a written statement of your rights and explain how it decided who was bumped. If you don’t use your original ticket, you can ask for a refund of it, and of optional fees, such as a seat you paid for, for services you didn’t get on the replacement flight.

• Arrive within 1 hour of your original arrival time: no compensation
• Domestic, 1 to 2 hours late, or international, 1 to 4 hours late: 200% of the one-way fare, up to $1,075
• Domestic, over 2 hours late, or international, over 4 hours late: 400% of the one-way fare, up to $2,150

How to avoid being bumped, and how to claim

There’s no guaranteed way to avoid it. The DOT says each airline sets its own boarding priority rules, which can take into account things like when you checked in, the fare you paid and frequent flyer status, so our advice is to check in online as soon as it opens and arrive at the gate in good time.

If you’re bumped, ask the gate agent for the written notice of your rights and keep your boarding pass. If the airline doesn’t pay, claim from it in writing. On UK flights, escalate to the airline’s ADR body or the CAA if it rejects your claim or doesn’t reply within eight weeks; on US flights, complain to the DOT. Our guide to your rights when a flight is cancelled or delayed covers related claims, and how early to get to the airport helps you avoid missing the gate cut-off. If you’re flying London to New York or New York to London, check which rules apply in each direction.

Questions people ask