Traveling the world has its advantages, but unfortunately, it also has its drawbacks . Bureaucratic delays, flight cancellations, and unregistered reservations are the order of the day, and we always hope these annoying inconveniences never happen to us. Unfortunately, however, inconveniences of this kind are commonplace, and just as you might discover your luggage has been lost during a flight, you might also find yourself faced with an overbooking situation.
Overbooking is an English term that refers to a situation in which reservations , for any type of service, exceed the actual availability of the booked and purchased product . Overbooking is a practice often employed by airlines, but it is not uncommon for hotels and other tourist facilities to also use this practice to try to increase their earning potential.
Airline overbooking is the most serious case for those who have booked a trip or are waiting for a long-awaited vacation. This mix-up risks ruining a travel plan and ruining a considerable sum of money spent on transportation and booked accommodation. But there are also other cases in which overbooking is a practice often used by operators to increase their profits . Let’s examine each case individually.
Airline overbooking
Overbooking means that an airline denies boarding to a traveler because, essentially, the plane is already full. But how can this happen? This happens because airlines tend to accept more reservations than the actual number of seats available on the plane.
Imagine the anger of those at the airport, near the boarding gate, who are denied boarding because all the seats are already occupied. For those who don’t fly often, this might seem like science fiction, but in reality, this situation occurs very frequently and affects several airlines.
Faced with a situation like this, aside from the anger and dismay at not being able to go on vacation, it’s essential to know what to do, how to behave, and, above all, to fully understand our consumer rights to ensure that our planned vacation or trip doesn’t quickly fall apart.
This is where the Passenger Charter comes in , a document that establishes the rights of travelers, how refunds work, and the various services available to those whose flights are canceled or in the event of departure delays. These rights, it should be noted, also apply to low-cost flights, but this is a document that few people are familiar with; according to a Eurobarometer survey, only a third of European citizens are aware of this charter and the rights it outlines for consumer protection . Yet it is a very important document that, especially those who travel frequently, should be familiar with in detail.
When boarding is denied
Denied boarding is a fairly common occurrence; this happens because airlines, in order to maximize their aircraft capacity, accept more reservations than they can. This means that in these cases, there are more reservations than actual seats .
Regulation (EC) No. 261/2004 recognizes the rights of consumers who are victims of this absurd practice, allowing them to request the refund they are entitled to in the event of overbooking, as well as cancellation or annulment. The following cases should be considered:
- Cancellation of a scheduled or charter flight departing from the European Union or a non-EU country, provided that the carrier has a valid license issued by a member country.
- Possession of a ticket indicating a confirmed reservation
- Show up for check-in before the time indicated as the acceptance deadline
However, those who are exempt from this regulation are passengers who travel for free or at reduced or special fares that are not accessible to the public.
The company’s obligations
Airlines have very specific obligations towards their passengers. First and foremost, they must provide travelers who have been denied boarding with a form listing all their rights . The form, which adheres perfectly to bureaucratic language, may not be immediately understandable, but it is essential to take the time to understand everything it contains so as to know what to do in the future. Furthermore, the airline is required to explain the rules it follows for boarding passengers in the event of overbooking . These rules are available to everyone at every agency and at all airport check-in desks.
Travellers’ rights
In the event of overbooking, airlines must first seek out people willing to forgo their flight in exchange for certain benefits . If the number of people willing to make this kind of compromise is insufficient and the airline is forced to deny boarding to some passengers anyway, they have the following rights:
- Choose between a refund of the ticket , when the reason for the trip no longer exists, and an alternative flight with the possibility of choosing a date
- A cash refund of €250 is available for journeys of less than or equal to 1,500 km. A cash refund of €400 is available for intra-EU journeys exceeding 1,500 km or between 1,500 km and 3,500 km.
- Cash refund of 600 euros for all other routes that do not fall into this category
All refunds may be reduced by 50% if the traveler is able to board an alternative flight that allows them to reach their destination, provided that the arrival time does not exceed the arrival time indicated on the originally purchased flight ticket.
The traveler also has the right to request any necessary assistance that the airline is obliged to offer free of charge . This includes meals, drinks, telephone calls, and overnight stays if a stopover is necessary while waiting for an alternative flight or another solution.
In the event of denied boarding, including overbooking, the traveler has the right to file a complaint with the responsible airline. If no response with comprehensive answers is received within six weeks, consumers have the right to file a complaint:
- At the ENAC office of the airport where the incident occurred or the airport where the flight landed
- To the bodies responsible in the event of disruption to flights departing from the European Union, Norway, Iceland, and Switzerland.
The relevant authorities will assess any violations committed by airlines and promptly notify passengers who have submitted complaints. The ENAC website provides a form that passengers can fill out to submit complaints in cases of flight cancellations, long delays, and overbooking. However, this form does not replace the complaint form, which must still be sent to the airline responsible.
Overbooking in a hotel
When we talk about overbooking , we immediately think of airlines, but in reality, it’s a widespread practice in hotels as well . Indeed, even in tourism facilities, this method is sometimes used as a marketing technique to boost revenue and optimize bookings. The context changes, but the essence remains the same: you book a hotel room and, upon arrival, discover that it’s actually unavailable. So what should you do?
In this way, the contract between the consumer and the hotel is considered an extraordinary contract, something that the law does not regulate in any way, since the owner of an establishment , upon payment of a fee, provides his customer with a room equipped with all the services and comforts necessary based on the type of structure chosen.
Such a contract is atypical because it can be drawn up in writing , in the case of a printed reservation, or it can be signed verbally . What happens then when you arrive at the hotel and discover that the booked room no longer exists? The hotelier, in this case, is required to compensate and provide the customer with alternative accommodations at a different property but close to the one where the reservation was made and which caused the overbooking. The hotel must cover the costs , including any transportation, and the customer has the right to a refund of the deposit paid for the reservation.
