Can an airline really refuse to depart when overbooked?

Can an airline really refuse to depart when overbooked? - Person Holding Can With Blue and White Knit Sweater

I do not fly often, but when traveling home from vacation with my family yesterday, I encountered something I have never seen and I am wondering if what the flight attendants were saying was true.

Originally, our aircraft was supposed to be an Airbus A321 but was downsized to an A319 (based on SeatGuru is about a 33% decrease in capacity). Since the flight was mostly full originally, this resulted in a significant overbooking. Of course they asked for volunteers to change flights (with some incentives). But while they were doing this they began the boarding process.

Once everyone was on board and seated (to be clear everyone on the plane had a seat but there were people still at the gate who apparently "needed" to be on the flight), the flight attendant announced that they still needed 3 more volunteers or the plane wasn't leaving. Eventually 3 more people volunteered the remaining passengers boarded and we got underway about 15 minutes late. Turns out the 3 people that needed to board were crew (not working on the flight), presumably trying to get to my destination airport to work.

But my question is what if no one volunteered? Would the airline be allowed to hold the aircraft at the gate indefinitely or refuse to leave unless someone gave up their seat? Everyone was on the plane and ready to go, so bumping someone against their will would have required physically removing them from the plane.



Best Answer

To answer the title question directly, a pilot can refuse to take off for pretty much any reason. Similarly, an airline can cancel a flight for pretty much any reason. So, the short answer is: Yes, they can.

Longer answer: In the specific situation described here, it sounds like the aircraft originally scheduled to operate the flight became unavailable with relatively short notice (could be a mechanical issue arose or the plane was unexpectedly out-of-position due to a storm or some such thing.) The next best option was apparently an A319 they had lying around. Obviously, the latter is smaller than the former, which requires that some people must be denied boarding, either voluntarily or involuntarily. Of course, simply not operating the flight at all is also an option, but it's a rather dumb one in most circumstances and the airline is unlikely to actually do that.

They will, of course, try for voluntary denied boarding (by offering the incentives you mentioned) first. This is better for everyone as people who need to get to their destination on schedule still do while those with more flexible schedules can get some nice perks. I've even had a case personally where we volunteered our seats and were rebooked onto a direct flight on another airline that actually arrived before our originally-scheduled flight that required a connection - and still got the offered airline credit voucher out of it, too. - haha - Also, in a significantly overbooked situation where not enough people appear to be volunteering, you can have some significant bargaining leverage here, too. You can always try to bargain for something better than what they're offering. The worst they can say is no. They have a pretty big incentive (avoiding an angry horde of passengers) to get volunteers. In most cases, though, enough people will volunteer quickly that you won't have much leverage.

Failing voluntary denied boarding, they'll resort to involuntary denied boarding, though, as MeNoTalk mentioned, this is relatively rare. These passengers will still generally be compensated, but, of course, it could mess up their schedule. If you are selected for involuntary denied boarding and (for some odd reason) are already on the aircraft and you refuse to leave, you're failing to comply with the instructions of a flight crew, which is a crime in most (if not all) countries. As MeNoTalk mentioned, you should expect an unfriendly encounter with the local police in this situation, so I wouldn't advise it.

As a matter of clarification, 'denied boarding' is the term normally used by airlines for the situation where a passenger either volunteers to take a flight other than the one they're scheduled on ('voluntary denied boarding') or is forced to take another flight ('involuntary denied boarding') even though their scheduled flight is still operating. As far as I know, it's still considered a 'denied boarding' regardless of whether the decision for you not to take that flight happens before or after you've physically boarded the plane. The term 'bumping' is also used less formally to describe these situations, though, if I remember correctly, it technically only refers to involuntary denied boarding. The legality of the airline's options is generally unaffected by whether or not you've physically boarded the plane. Certainly the option of not actually operating the flight is always available to the airline and/or pilot.




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What happens if a flight is overbooked?

If your flight is overbooked and there is a possibility that you will be denied boarding because there are too many passengers, your rights are protected by Regulation EC 261/2004. It states that, as with flight delays and cancellations, the airline must provide you with appropriate care.

Is it legal for an airline to overbook a flight?

Is overbooking legal? Yes, overbooking is entirely legal. Airlines are subject to regulations, which we'll detail shortly, but given these regulations are followed, overbooking is a completely legal practice. In fact, if overbooking were to be made illegal, the price of air travel tickets would likely increase.

Who gets bumped on overbooked flight?

Check In for Your Flight Online in Advance Don't wait until you get to the airport to check in. Typically, those who are bumped are the ones who check in last, even if they had seat assignments tied to their reservation. Set up a reminder on your phone to check in 24 hours in advance.

How much do airlines have to compensate for overbooking?

Overbooked flight compensation according to US regulationsDelay at arrival0-1 hour2-4 hoursUS domestic flightNo compensation400% of one-way fare (cannot exceed $1,350)International flightNo compensation200% of one-way fare (cannot exceed $675)



What are your rights on an overbooked flight?




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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