Are airlines required to pay people back for bumping their flight?

Following a bumping incident, airlines must offer passengers compensation at the airport on the same day. If the airline provides substitute transportation that leaves the airport before the airline can pay the passenger, the airline must pay the passenger within 24 hours of the bumping incident.



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Though it can be frustrating, airlines are allowed to oversell flights “to a certain extent,” according to the DOT. They are not, however, allowed to use “unjust or unreasonable prejudice,” like your race or ethnicity, to bump you from a flight.

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Travelers get bumped from flights because airlines sell more tickets than they have seats on the plane. That's called overbooking, and it sounds like a scam, but there's no law against it.

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When you are involuntarily bumped from a flight, you can get cash (a check or credit on your credit card) from airlines. Overbooking is not illegal, and most airlines overbook their scheduled flights to a certain extent to compensate for “no-shows.” Passengers are sometimes left behind or “bumped” from a flight.

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Frontier Airlines bumped the biggest proportion of passengers of the 15 largest US carriers in early 2023. Of every 10,000 Frontier passengers, 3.73 were involuntarily denied boarding due to oversales, the DOT said. Allegiant, Delta, Endeavor, and Hawaiian didn't bump any passengers in the quarter, per the DOT.

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Yes, You Can Still File a Lawsuit
One impacted flier has filed a class-action lawsuit asking for $5,000,000 in refunds. Apart from disruptions, cancellations, and overbooking, you can also seek compensation for discrimination, negligence, or safety issues.

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Whether you're flying from New York or New Orleans, Lisbon or London, airlines continue overbooking to compensate for “no-shows” all the time. Simply put, they sell more tickets than they have available seats. And it's not an illegal practice.

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Usually, airlines decide to bump those on an overbooked flight who have fewer privileges such as lower-fare tickets and late bookings. People who booked earlier or paid more for their ticket will usually get to stay on board. Another deciding factor is the type of ticket that was purchased.

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Passengers can inquire about overbooking by contacting their respective airlines or using apps that show available seats per cabin. If your flight is overbooked, airlines will usually ask for volunteers to give up their seats and offer compensation in return.

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Sometimes, when an airline asks for volunteers to give up their seats and fly on a different flight, there are not enough volunteers. When this occurs, the airline will select passengers to give up their seats. This is called “involuntary denied boarding” or “bumping.”

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So the airline has offered you a voucher, which is perfectly legal, but you'd rather just have the cash. You'll need to proactively ask your airline for a cash refund in writing. The same goes for if you've booked through an online travel agency like Expedia. They are also covered under DoT rules.

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Besides suing in small claims court you can also file a complaint against an airline with the DOT. The DOT's Office of Aviation Consumer Protection (ACPD) reviews and responds to consumer complaints against airlines.

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The process is quick and affordable. You may file a lawsuit against an airline in small claims court as long as the amount you intend to sue for is within the small claims court limit (on average $10,000 or less). Up next: Learn more on how to sue an airline in small claims court.

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Since most airlines have a contract with each passenger, their liability may be limited in a personal injury lawsuit. Usually, the terms of airline contracts are printed on passenger tickets, but you should contact an attorney to see if you can get around liability clauses and sue an airline for emotional distress.

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-Delta and Allegiant still are the least likely mainline and budget airlines to bump a passenger. During Q2 2020, both Delta and Allegiant bumped zero passengers. -American Airlines Group's trio of airlines improved their bumps per 100,000 passengers drastically in Q2 2020 versus Q3 2019 – Q2 2020.

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Overselling means selling extra tickets than actual seats, while overbooking is more passengers showing up than seats on the plane. Overselling does not always result in overbooking, as one cannot ignore the chances of people not showing up or canceling their journey plans.

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When a flight delay occurs, you are entitled to assistance and a choice between rerouting, reimbursement, or rebooking. If you arrive at your destination more than 3 hours after your scheduled arrival time, you are entitled to the same reimbursement, rerouting, and rebooking structure as a denied boarding.

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If there are not enough passengers who are willing to give up their seats voluntarily, an airline may deny you a seat on an aircraft based on criteria that it establishes, such as the passenger's check-in time, the fare paid by the passenger, or the passenger's frequent flyer status.

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