Denied boarding compensation - when it is due and what rights you have
If you are denied boarding against your will - for example, because more tickets have been sold than there are seats (overbooking) or because the flight has been operated by a smaller aircraft - you may be entitled to compensation of €250, €400 or €600 per passenger in accordance with Regulation (EC) No 261/2004. This is subject to you having a confirmed booking and having presented yourself at the airport on time with all the necessary and valid travel documents. Compensation is not payable if you voluntarily gave up your seat or if the airline has a valid reason to deny you boarding - for example, health reasons, safety, security or invalid travel documents.
Denied boarding does not only mean overbooking. It can also occur for other operational reasons, where the airline fails to carry a passenger with a confirmed booking who has met the boarding requirements, without a valid reason for doing so.
In brief:
- Denied boarding occurs not only in the event of overbooking, but also for other operational reasons - for example, when switching to a smaller aircraft.
- If you are denied boarding against your will without a valid reason, you may claim compensation of €250, €400 or €600 depending on the flight distance.
- Before refusing to allow a passenger to board against their will, the airline must first seek volunteers.
- If you voluntarily give up your seat in return for agreed benefits, you are not entitled to the €250, €400 or €600 compensation, but you retain the right to choose between a refund and re-routing.
- If you are denied boarding against your will, you are also entitled to choose between a refund and re-routing, as well as care - food, drinks and, if necessary, hotel accommodation.
- If, following the denied boarding, you are re-routed and arrive at your final destination within 2, 3 or 4 hours of the originally scheduled time (depending on the flight distance), the compensation may be reduced by 50%.
When are you entitled to compensation if you are denied boarding?
You can claim compensation for denied boarding under Regulation (EC) No 261/2004 when all of the following conditions are met:
- you have a confirmed booking for the flight and presented yourself at the airport on time;
- the airline denied you boarding against your will and without a valid reason;
- the flight departs from an EU airport (with any airline) or lands in the EU with an EU airline.
If the airline has informed you in advance that you will be denied boarding against your will, you do not need to go to the airport to be entitled to compensation. Compensation is also payable where the notification was given more than two weeks before the flight (judgment of the Court of Justice of the EU in Case C-238/22).
Regulation (EC) No 261/2004 also applies in Norway, Iceland and Switzerland. Similar protection is provided by national rules in countries outside the EU, such as the United Kingdom (UK261) and Turkey (SHY-YOLCU). Compensation is €250, €400 or €600 per passenger, depending on the flight distance.
A typical example is overbooking - the airline has sold more tickets than there are seats on the aircraft. This is a commercial decision taken by the airline itself and is not a ground for it to refuse compensation.
You may also be denied boarding on connecting flights. If the flights are on a single booking, the first flight is delayed and the airline, mistakenly assuming that you will not arrive in time for the second flight, cancels your boarding pass for it in advance and refuses to allow you to board, even though you arrived at the boarding gate on time - this is also denied boarding (judgment of the Court of Justice of the EU in Case C-321/11). See also what your rights are in the event of a missed connection.
Important: keep your boarding pass and ask the airline for a document stating the reason for the denied boarding. Also keep any messages you have received from the airline.
If the airline asks you to give up your seat on the flight voluntarily
Before refusing to allow anyone to board against their will, the airline is obliged first to seek volunteers who are willing to give up their seat in return for an agreed benefit - for example, money or a voucher. The decision as to whether to accept this is entirely yours - no one can force you to do so.
If you refuse and are nevertheless not allowed on board, the refusal is against your will and you may be entitled to compensation.
If you agree to become a volunteer, you are not entitled to the €250, €400 or €600 compensation, but you retain the right to choose between a refund of the ticket price and re-routing to your final destination. Under the Regulation, the airline is obliged to provide meals, drinks and hotel accommodation only if you were denied boarding against your will. Therefore, before accepting, ask whether the offer includes these as well.
Consent given in advance - for example, during online check-in or via a message from the airline - does not make you a volunteer. You are only a volunteer once you accept the airline’s offer to give up your seat at the airport. Regulation (EC) No 261/2004 prohibits passengers’ rights from being restricted or waived in advance, including through a clause in the contract of carriage.
If you are offered a voucher or credit, check its value, expiry date and terms of use, and compare them with the compensation you could claim if you were denied boarding against your will.
When is an airline not liable to pay compensation for denied boarding?
Compensation is not payable if:
- you have voluntarily relinquished your place in return for an agreed benefit;
- you did not arrive in time for check-in or boarding, unless the airline informed you in advance that you would be denied boarding;
- the airline has good reason to deny you boarding - for example, due to irregular travel documents (an invalid identity document, a missing visa), health reasons, or safety or security considerations.
Extraordinary circumstances are not a ground for refusing you compensation. If the airline cancels another of its flights due to an extraordinary circumstance and gives your seat to a passenger from the cancelled flight, even though you have a ticket for your flight and arrived on time, this is denied boarding. The airline is liable to pay you compensation, even though the rebooking was caused by an extraordinary circumstance (judgment of the Court of Justice of the EU in Case C-22/11).