Because of “overbooking”, you may have been refused boarding a plane. What are your rights and remedies? Camille Pichon is an expert in business law within the SVP group.
franceinfo : Qhat exactly do we mean by “overbooking”?
Camille Pichon: Overbooking, or over-booking, is an authorized practice which consists of selling more tickets than seats available on the plane. It is authorized by law. When boarding it is possible that there are not enough seats for everyone and the company refuses you to board.
What’s the point of overbooking?
For the company it is to have a full flight and to compensate for cancellations, or for people who do not show up on D-Day.
Can I claim compensation?
When I buy a plane ticket, I enter into an air transport contract with the company that sold it to me. It must transport me from point A to point B. There is therefore a breach of the contractual obligation, and I will be able to claim compensation for this.
It will cover the entire ticket, therefore the reimbursement of the ticket at the purchase price, and if necessary, that of the return flight, but also compensation which corresponds to the damage suffered by the refusal to board. We can also imagine the right to certain benefits that will be negotiated with the airline. For example, the drinks consumed, the snacks taken, possibly the hotel night. Hence the importance of keeping all supporting documents.
Does the company have to inform me of my rights?
Yes, there is a double information obligation. A first that is in the check-in area. There must be a notice informing the traveler of their rights to compensation and assistance. And a second obligation, at the time of refusal to board: the company is obliged to present a written information note with the terms of assistance and compensation.
In practice, if I am refused boarding, what can I do?
The company will ask people who want toauthorities to present themselves spontaneously, and to accept the refusal to board. There may not be enough volunteers. You will be compensated according to the category to which you belong.
If I volunteer, I will be entitled to a refund of the ticket at the purchase price, and if necessary of the return ticket. I will also be entitled to compensation corresponding to the damage suffered, and to certain benefits which will be negotiated with the company.
What if I don’t volunteer?
It’s like the cancellation of the flight by the company. As a result, it will be the full reimbursement of the flight, plus compensation for damage suffered and reimbursement of incidental costs.
I have any recourse?
I will be able to contact the tourism and travel mediator. We had to exhaust all possible remedies internally, and if I’m really not satisfied, we go to court.