Why is it not illegal to overbook flights?

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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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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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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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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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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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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Moreover, every airline in the United States overbooks its flights at least some of the time. All but one, that is. JetBlue Airways (JBLU 2.70%) is the one holdout that chooses not to overbook its flights -- to be more customer-friendly.

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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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Most airlines intentionally overbook flights, selling more tickets than available seats for a journey. They do this in anticipation of people no-showing on the day of the journey, and the practice is not illegal. Travel experts have warned that as many as 150 tickets are sold for every 100 seats available.

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When a flight has more passengers who are ready to fly than there are seats available, airlines must first ask passengers to give up their seats voluntarily, in exchange for compensation, before bumping anyone involuntarily. Airlines may offer passengers incentives, such as money or vouchers, to volunteer.

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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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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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However, due to the high volume of enplaned passengers, the percentage of people who were bumped was quite low. Only 1.95 American Airlines passengers were bumped for every 100,000 who traveled in 2018 and only 1.5 passengers were bumped for every 100,000 Southwest passengers in 2018.

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Does Southwest overbook flights? No. However, there can be operational instances where we will be over available seating capacity, resulting in an oversale. Overselling a flight can occur because of weight restrictions and aircraft type changes.

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First people that get bumped are the ones with seat assigned at gate. bulk/wholesale fares. non-revenue pax. people who are really late to check-in.

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It's more customary for travelers to get offers of a few hundred or maybe $1,000 or so for relinquishing their seat before they board. How often do airlines bump people involuntarily?

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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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Passengers flying on overbooked flights might be asked to accept a bump, and receive a hefty financial amount in return. It's common practice for airlines to sell more tickets than seats on flights, anticipating that a certain number of passengers won't show up.

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In some cases, passengers may be denied boarding as a result of overbooking, even if they have a confirmed reservation and have checked in on time.

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