Adviser's answers

Mr. Rodriguez and the denied boarding

Mr. Rodriguez arrived to the Airport one hour before the scheduled departure of his flight, but when at the check in desk, he was told that no place was left on his plane due to overbooking. Therefore, he was rerouting on an alternative flight with, however, a final destination different from the original one, because all next flight directed to consumer’s destination were full. Mr. Rodriguez accepted the air carrier offer, but when at destination he was obliged to reach his city by his own.

Once in Spain, Mr. Rodriguez contacted the European Consumer Centre, asking for his right to obtain a compensation because of the discomfort suffered.

Solution of the case

The overbooking occurs  when the passengers presented for the boarding exceed the available seats on the plane. This situation is under the Regulation 261/2004/EC.

In these cases, the air carrier must call for volunteers to surrender their reservations in exchange for assistance and also for either rerouting or reimbursement.

In case of an insufficient number of volunteers, the operating air carrier can deny boarding to other passengers against their will, providing them with assistance, which includes: refund or rerouting; meals and refreshments in a reasonable relation to the waiting time; two telephone calls, telex or fax messages, or e-mails and, if necessary, a hotel accommodation. Furthermore, according to Regulation 261/2004/EC, passengers are entitled to benefit from a compensation of 200-600 €, depending on the length of the flight.

In the case above, Mr. Rodriguez deserved both the rerouting and the compensation. Therefore, the European Consumer Centre contacted the air company on behalf of Mr. Rodriguez and asked for a compensation.

For further information or to ask for ECC-Net assistance in order to solve your dispute:
ECC-Net Italia
info@ecc-netitalia.it
Tel 0644238090