Overbooking: what it is and what compensation you’re owed
Reviewed by José Romero Lara
EU261 aviation lawyer — 5+ years as in-house legal counsel at international airlines
Overbooking happens when an airline sells more tickets than the aircraft has seats, expecting some passengers not to show up. It’s legal, but if you’re left behind against your will, Regulation (EC) 261/2004 protects you. This guide explains what overbooking is, how much you’re owed and what to do at the gate.
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Check my flight1What overbooking is and whether it’s legal
Airlines sell more seats than the aircraft holds, based on how many passengers usually don’t turn up. Selling above capacity isn’t prohibited. What the law regulates is what happens when everyone shows up and someone can’t fly: denied boarding.
The Regulation defines it as refusing to carry a passenger who presented themselves for boarding on time with a confirmed reservation, without reasonable grounds such as health, safety or inadequate travel documents (Art. 2(j)). The cause doesn’t have to be overbooking: switching to a smaller aircraft counts too (CJEU, Rodríguez Cachafeiro, C-321/11).
Being on time
You must have presented yourself for check-in or boarding by the time the airline set or, if it set none, at least 45 minutes before departure (Art. 3(2)).
2How much you’re owed for overbooking
Compensation per passenger
Up to 1,500 km
Madrid–Barcelona, Madrid–London, Barcelona–Rome
Over 1,500 km within the EU, or 1,500–3,500 km
Madrid–Tenerife, Barcelona–Athens, Madrid–Cairo
Over 3,500 km outside the EU
Madrid–New York, Madrid–Buenos Aires
When it’s halved
If the airline reroutes you on a flight arriving no more than 2 hours (up to 1,500 km), 3 hours (1,500–3,500 km) or 4 hours (over 3,500 km) after your scheduled arrival, it may pay 50% (Art. 7(2)).
For denied boarding the airline cannot rely on extraordinary circumstances to avoid paying (CJEU, Finnair, C-22/11). It only escapes liability if boarding was refused on reasonable grounds such as health, safety or inadequate documents.
Check how much I’m owed3All your rights if you’re left behind
Compensation of €250, €400 or €600 per passenger, paid in money unless you agree to vouchers in writing (Art. 7).
Your choice of a ticket refund within 7 days or an alternative flight as soon as possible or on a date you prefer (Art. 8). Compensation comes on top of either option.
Food and drink while you wait, two calls or messages, and a hotel with transfers if you have to stay overnight (Art. 9).
A written notice of your rights (Art. 14).
4Volunteer or involuntary: the key difference
Before leaving anyone behind, the airline must ask for volunteers to give up their seats in exchange for agreed benefits (Art. 4(1)).
You give up your seat for what you agree
You receive what was agreed (money, vouchers or other benefits) plus a refund or alternative flight, but not the fixed Art. 7 compensation. Compare the offer with €250–600 before accepting.
You’re refused boarding without your consent
You’re owed the fixed compensation, a refund or alternative flight and assistance, even if nobody asked you to volunteer.
5What to do at the gate
- 1
Don’t accept anything without reading it
If you’re asked to volunteer, ask exactly what you’ll get. If it doesn’t convince you, don’t sign: if you’re then refused boarding, you get full compensation.
- 2
Ask for the reason in writing
Ask the airline for a document confirming you were denied boarding and why, plus the written notice of your rights.
- 3
Choose a refund or an alternative flight
If you need to get there, ask for the first available flight. Keep the new boarding pass: its arrival time decides whether compensation is reduced.
- 4
Keep everything
Boarding pass, booking, the denied boarding document and receipts for anything you pay while waiting.
- 5
Claim your compensation
In writing to the airline; if it hasn’t paid within a month, to AESA or in court (no lawyer needed up to €2,000). Or let AviFly handle it: 15% + VAT only if you get paid, 30% + VAT if it goes to court.
AviFly claims your overbooking compensation
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Claim for overbookingFrequently asked questions
How much is overbooking compensation?
€250 on flights up to 1,500 km, €400 on flights within the EU over 1,500 km or of 1,500–3,500 km, and €600 on flights over 3,500 km outside the EU, per passenger. It can be halved if you’re rerouted on a flight arriving shortly after.
Is overbooking legal?
Yes, selling more tickets than seats isn’t prohibited. The law requires airlines to ask for volunteers first and, if they leave someone behind against their will, to pay compensation and provide a refund or alternative flight and assistance (Regulation EC 261/2004).
Is there a fine for overbooking?
Not for the passenger. The airline has to compensate you; if it breaches the Regulation, AESA can handle your complaint and act against the airline.
How do I know if my flight is overbooked?
There’s no public notice. A common sign is the airline asking for volunteers at the gate or in the app. Checking in early and arriving in good time lowers the risk but doesn’t remove it.
What if I’m left behind because they switched to a smaller aircraft?
That’s also denied boarding and gives the right to compensation (CJEU, C-321/11). The airline can’t rely on extraordinary circumstances for denied boarding (CJEU, C-22/11).
How long do I have to claim?
In Spain the generally accepted time limit is 5 years from the flight (Art. 1964 of the Spanish Civil Code). Keep your booking and any proof you showed up on time.