How is overbooking flights legal?

Bumping, also known as “denied boarding,” happens when there are more passengers scheduled to fly on an airplane than available seats. The business practice of bumping is not illegal. Airlines oversell their scheduled flights to a certain extent in order to compensate for “no-shows.”



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It is legal to overbook seats for a flight on the provision that passengers who don't get a seat due to overbooking must be compensated with an alternative flight, cash, or travel vouchers.

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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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As a result, airlines can, with a degree of certainty, overbook a flight considering the number of no-shows expected, thereby maximizing the capacity available to customers. For consumers, this practice is beneficial because it allows more consumers to fly at the time, date and fare of their choosing.

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Before you travel, please check the UK Foreign and Commonwealth Office advice for your destination. Sometimes airlines book more people onto a flight than there are seats on the plane. This is because people don't always turn up — despite having booked a flight.

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Like many airlines, easyJet routinely sells more tickets than there are seats on the plane for popular departures. The airline says its typical no-show rate is 5 per cent, or an average of nine passengers for each full flight.

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Britain's biggest budget airline is less likely to deny a passenger boarding on an overbooked flight if they are travelling on an easyJet package holiday, The Independent has learnt. Like many airlines, easyJet routinely sells more tickets than there are seats on the plane for popular departures.

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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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For domestic flights in the U.S., airlines have to pay you 200% of the value of your one-way ticket up to $775 if you arrive at your destination one to two hours past your originally scheduled itinerary or 400% of the one-way ticket price, up to $1,550 if your arrival delay is longer than two hours.

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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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The risk that expected cancellations might not take place and some guests might not find available their reserved rooms is the reason why overbooking is considered a controversial practice, unethical for consumers.

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Moreover, every airline in the United States overbooks its flights at least some of the time. All but one, that is. JetBlue Airways (JBLU -1.22%) is the one holdout that chooses not to overbook its flights -- to be more customer-friendly.

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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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Here's a look at American carriers, starting with the worst for overbooking and descending to the best:
  • Spirit Airlines — 78 IDBs per million passengers.
  • Frontier Airlines — 55.
  • Southwest Airlines — 41.
  • Alaska Airlines — 28.
  • American Airlines — 24.
  • United Airlines — 13.
  • Delta Air Lines — 3.
  • JetBlue Airways — 2.


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And while overbookings are on the rise, they still represent only . 3 percent of every 10,000 checked passengers, according to the report.

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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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Overbooked flight compensation under US regulations
If the airline does not make any substitute travel arrangements for you, you are entitled to 400% of the one-way fare price, not to exceed $1,350 as well as any optional fees paid as part of your reservation (e.g. bag fees, seat upgrades, etc.).

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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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Overbooked flight with Ryanair
When this happens, passengers are denied boarding even though their booking was reserved and confirmed correctly. In these cases, airlines will generally offer some type of compensation to passengers who are willing to give up their seat and fly at a later time.

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