Regulation (EC) No 261/2004 · Article 4
Denied boarding: €250–600 in compensation
If the airline refused to let you board against your will, for example because the flight was overbooked, Regulation (EC) No 261/2004 entitles you to fixed compensation, care while you wait, and the choice of a refund or an alternative flight. AviFly handles the claim and only charges if you get your money back.
- Nothing upfront
- Compensation + care + refund
- Regulation (EC) 261/2004, Art. 4
- Up to €600 per passenger
Your three rights
What the airline owes you if you are left behind
If you are denied boarding against your will, the airline must give you all three, not pick one (Art. 4(3)).
Financial compensation
A fixed amount by distance: €250, €400 or €600 (Art. 7). It does not depend on the ticket price and it is per passenger: a family of four can receive up to €2,400.
Care while you wait
Meals and refreshments in reasonable relation to the wait, two phone calls or emails and, if you need to stay overnight, a hotel and transfers (Art. 9). The airline must provide this free of charge.
Refund or alternative flight
You choose: a ticket refund within 7 days, an alternative flight at the earliest opportunity, or an alternative flight on a later date that suits you (Art. 8).
Regulation 261/2004 · Article 7
How much you are owed by distance
The amounts are the same as for a cancellation: a fixed sum based on the flight distance.
| Amount | Distance | Example routes |
|---|---|---|
| €250 | Up to 1,500 km | Madrid–Barcelona, Madrid–Lisbon, Barcelona–Rome |
| €400 | 1,500 to 3,500 km | Madrid–Athens, Madrid–Tenerife, Barcelona–Istanbul |
| €400 | Over 3,500 km within the EU | Paris–Réunion, Paris–Guadeloupe |
| €600 | Over 3,500 km outside the EU | Madrid–New York, Barcelona–Buenos Aires |
Amounts are per passenger. If the airline offers an alternative flight arriving no more than 2, 3 or 4 hours after the original (depending on distance), it may reduce the compensation by 50% (Art. 7(2)).
Key distinction
Voluntary or involuntary denied boarding
Only involuntary denied boarding gives you the fixed compensation in Article 7. Check which case applies before you accept or sign anything.
Denied boarding: voluntary
When a flight is overbooked, the airline must first ask for volunteers to give up their seats in exchange for benefits agreed with them, such as money or vouchers (Art. 4(1)).
- Whatever you agreed with the airline
- No Article 7 compensation unless agreed
- Plus a refund or alternative flight (Art. 8)
Before you accept, compare the offer with what Article 7 would give you: €250, €400 or €600 depending on distance.
Denied boarding: involuntary
If there are not enough volunteers and the airline refuses to let you board against your will, Article 4(3) of the Regulation applies.
- Fixed compensation of €250, €400 or €600 (Art. 7)
- Care: meals, refreshments and a hotel if needed (Art. 9)
- Refund or alternative flight (Art. 8)
The airline only escapes liability if it had reasonable grounds: health, safety, security or inadequate travel documents.
Process
How to claim, step by step
- 1
Confirm the denied boarding was involuntary
If you gave up your seat for a voucher or money, you count as a volunteer. If you were left behind without volunteering, it was involuntary and Article 7 compensation applies.
- 2
Ask for the reason and your rights in writing
The airline must give you a written notice setting out the rules on compensation and assistance (Art. 14(2)). Also ask for the reason to be recorded: overbooking does not exempt the airline from paying.
- 3
Gather your documents
Booking, ticket, boarding pass if you have one, any messages from the airline, and receipts for expenses while you waited.
- 4
Claim from the airline in writing
Include the flight number, date, passenger details and Articles 4 and 7 of Regulation (EC) No 261/2004. Attach your documents and keep proof that you sent the claim.
- 5
If they refuse, escalate
If the airline rejects the claim or doesn't reply, you can go to AESA (Spain's aviation authority) or to court. AviFly handles it all with nothing to pay upfront.
FAQ
Common questions about overbooking
What exactly is denied boarding?
Denied boarding is when an airline refuses to carry a passenger who holds a confirmed reservation and checked in on time, without reasonable grounds such as health, safety, security or inadequate travel documents (Art. 2(j) of Regulation 261/2004). The most common cause is overbooking: the airline sells more seats than the aircraft has.
How much compensation do I get for denied boarding?
Compensation for involuntary denied boarding is €250 for flights up to 1,500 km, €400 for intra-EU flights over 1,500 km and other flights of 1,500 to 3,500 km, and €600 for flights over 3,500 km outside the EU (Art. 7). It can be halved if the alternative flight arrives with only a short delay. You are also entitled to care and a choice between a refund or an alternative flight.
Which flights does Regulation 261/2004 cover?
It covers flights departing from an airport in the EU, the EEA or Switzerland on any airline, and flights arriving at one of those airports from outside if operated by an EU, EEA or Swiss airline. You need a confirmed reservation and must check in by the time you were given or, if none was given, at least 45 minutes before departure.
What is the difference between voluntary and involuntary denied boarding?
It is voluntary if you agree to give up your seat in exchange for benefits agreed with the airline; you get those benefits plus a refund or alternative flight (Art. 8), but not Article 7 compensation unless agreed. It is involuntary if the airline refuses to let you board without you volunteering: you are then owed €250 to €600 in compensation, care, and a refund or alternative flight.
If I accepted a voucher, can I still claim?
It depends on when and how you accepted it. If you volunteered in exchange for the voucher, you get what was agreed, not Article 7 compensation. If you were denied boarding against your will, compensation can only be paid in vouchers with your signed agreement (Art. 7(3)), and if you were not properly informed of your rights and accepted less than the Regulation provides, you can claim the difference (Art. 15(2)).
Am I entitled to care while I wait?
Yes. Article 9 of Regulation 261/2004 requires the airline to provide meals and refreshments in reasonable relation to the wait, two phone calls or emails and, if you need to stay one or more nights, hotel accommodation and transport between the airport and the hotel.
Can I choose between a refund and an alternative flight?
Yes, the choice is yours (Art. 8): a refund of the ticket price within 7 days, an alternative flight at the earliest opportunity, or an alternative flight on a later date that suits you, subject to seat availability.
Can the airline refuse to pay for overbooking?
No, unless it had reasonable grounds to refuse boarding: health, safety, security or inadequate travel documents. Unlike cancellations, Article 4 has no extraordinary circumstances exemption. In case C-22/11 (Finnair), the CJEU ruled that rescheduling flights after a strike does not release the airline from compensating passengers it denies boarding.
How long do I have to claim?
In Spain the generally accepted limit is 5 years from the flight, the general period in Article 1964 of the Spanish Civil Code, because Regulation 261/2004 sets no time limit of its own. Even so, it is best to claim early, while you still have your documents.
How much does AviFly charge for an overbooking claim?
Nothing upfront. We charge 15% + VAT of the amount recovered if the claim is settled out of court, and 30% + VAT if it goes to court. If we do not recover your compensation, you pay nothing.
Get started
Claiming takes 2 minutes
Enter your flight details and we review your case. €0 upfront: 15% + VAT only if we recover your compensation.
