Elite frequent flyers like you have learned to make traveling look easy. Between posting photos of your airport lounges, making sure you’re always dressed to impress and getting your flights off to a perfect start, it appears like nothing ever goes wrong. Reality tells us otherwise. Flight delays, cancellations and denied boarding continue to happen frequently on all of the major airlines. Understanding the rules and the laws that govern these issues allows you to take a much calmer approach when your travel plans go sideways.
All airlines run on tight commercial and operational guidelines that dictate everything from aircraft rotation to crew availability to airport slot allocation and weather conditions, which all contribute to being on schedule. When disruptions do happen, the applicable consumer protection regulations (EC Regulation No. 261/2004) set forth the possible compensation or other forms of assistance that may be offered. To understand whether a disruption is simply an operational issue or a legally binding one is critical.
How Airlines End Up Selling More Tickets Than They Have Available Seats
Airline overbooking is another one of the airline business practices that many travelers do not fully understand. Airlines consistently sell more tickets to potential customers than they have available seats on every flight. This is done based on historical no-show data and revenue maximization methods used by the airlines.
No-show rates on short-haul routes vary from approximately 5-15% depending upon the time of year and the type of route. As such, airlines utilize the practice of selling more seats than they actually have available so they can minimize empty capacity and stabilize ticket prices. When the model’s predictions fail and all the passengers scheduled to board show up, some will inevitably be denied boarding.
In the event a passenger is denied boarding due to overbooking, the passenger has specific rights under UK/EU law regarding denied boarding. These rights are primarily based on Regulation EC261, which continues to be applicable in the UK as retained EU law. The level of compensation depends on the distance of the flight and the length of the delay.
Your Rights Under UK/EU Law Regarding Denied Boarding Due to Overbooking
If an airline denies boarding to a passenger involuntarily, the airline must first ask for volunteers who are willing to surrender their seat in exchange for some form of benefit. If the airline receives enough volunteer responses, the airline may deny boarding to other passengers. If the airline denies boarding to a passenger, the passenger may be eligible for compensation when the flight they did overbooking.
The level of compensation is generally determined as follows:
• Up to 1,500 kilometers, fixed compensation of 250 euro
• Between 1,500 and 3,500 kilometers, 400 euro
• More than 3,500 kilometers, 600 euro
In addition to monetary compensation, passengers are entitled to care while they wait for their flight to be rescheduled. Care includes food and beverages, as well as lodging if the passenger needs to spend the night away from home.
There is an important distinction to be made between overbooking and extraordinary circumstances such as inclement weather or air traffic control issues. The applicable rules for compensation are different in these types of cases.
Documentation and Practical Steps
While not as glamorous as frequent flyer miles or as exciting as the next destination, understanding and utilizing airline policies regarding travel disruptions is a critical element of successful travel planning. Documentation will be essential when denied boarding or experiencing extended delays. Documentation includes your boarding pass, printed itinerary, confirmation email and/or written correspondence from the airline.
Take written notice of the reason why you were denied boarding or had a flight canceled. Record the original departure and arrival times for your flight. Screen shots taken from airport display screens showing flight status or cancellation can also help document your case.
Many airlines now allow passengers to file claims online using the airlines’ web sites. For example, United Airlines provides a claim form that can be downloaded from its website. Additionally, there are specialized agencies that assist passengers in pursuing their rights as consumers. Filing a claim in accordance with the applicable statute of limitations is mandatory. Typically the statute of limitations in the UK is six years from the date of the disrupted flight.
Flight Delays, Cancellations, and Re Routing
Denied boarding is not the only type of travel disruption that affects frequent travelers. Delayed flights greater than three hours at the final destination may also entitle passengers to compensation pursuant to Regulation EC261, assuming the delay was caused by something within the airline’s control.
Flights canceled by the airline must offer passengers a choice between reimbursement for their fare and re-routing to their final destination. Re routing must occur under similar transportation conditions as soon as reasonably possible. If the airline fails to provide a reasonable alternative, passengers may choose to make their own arrangements and subsequently file a claim for reimbursement, provided the cost of their new arrangements is proportionate.
Elite frequent flyers typically enjoy enhanced rebooking priority due to their elite status in their airline’s loyalty program. That said, elite status does not trump the passenger’s entitlements under Regulation EC261.
Travel Risk Management Strategies for Frequent Flyers
While travel disruptions can never be completely avoided, implementing travel risk management strategies can greatly minimize the impact of unexpected disruptions to your travel plans. Booking flights early in the day reduces the likelihood of cascading delays. Booking direct flights eliminates the possibility of connecting flight issues. And building a small buffer of free time before major travel events will help mitigate stress if your flight schedules get delayed.
Travel insurance may also be purchased to supplement the statutory compensation available to you. Travel insurance policies vary in terms of the minimum coverage amounts and the documentation requirements for submitting claims. Familiarize yourself with your policy prior to departing so you will know what to expect during the claim submission process.
Knowing the airline policies associated with travel disruptions empowers you to manage travel disruptions with a sense of clarity and confidence rather than frustration and confusion. Overbooking, compensation thresholds and passenger care obligations are not esoteric aspects of aviation law; they represent concrete tools for you to employ in order to achieve a high degree of successful and flexible travel mobility.
