Denied boarding

The practice of airlines to overbook flights can result in passengers being denied boarding even though they are in possession of an issued and confirmed ticket. With the introduction of regulation no. 574/2005, the following rules entered into force when a passenger is denied boarding:

• When a flight departs from an EEA state (irrespective of air operator) and
• In a flight to an EEA state, provided that the air operator conducting the flight has an air operator licence issued within the EEA

Note that the rules do not apply if a passenger is denied boarding on the basis of reasonable grounds, for example, for health or safety reasons or if travel documents are not satisfactory. 

Air operators shall look for volunteers who are prepared to surrender their seats in exchange for benefits according to conditions which the air operator and passenger agree on. Such passengers also have a right to assistance on behalf of the air operator which consists, for example, in the following:

• Getting their ticket reimbursed for the part of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, and
• Getting a return flight to the first point of departure, at the earliest opportunity (if applicable), or
• Re-routing, under comparable transport conditions, to their final destination.

Passengers who are denied boarding (in instances where there is not a sufficient number of volunteers) shall be compensated immediately (see list below) and shall be provided with the assistance mentioned above, in addition to being offered a meal and refreshments in accordance with the length of their stay and communication facilities for passengers free of charge.
If passengers are re-routed so that the scheduled departure time of the new flight is at least one day after the scheduled departure time of the flight which they were denied, the air operator shall also offer passengers hotel accommodation and transport between the aerodrome and the accommodation.

Compensation:
(a) EUR 250 for all flights of 1500 kilometres or less,
(b) EUR 400 for all flights within the EEA of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres,
(c) EUR 600 for all flights of more than 3500 km outside the EEA

Compensation for changes in the travel plan of passengers may be reduced by the air operator by 50% if the delay in question is insignificant (within 1 – 4 hours depending on the distance by air to the destination). (See paragraph 2 in Article 7 of the regulation)

Compensation shall be paid in cash, by electronic bank transfer, bank orders or bank cheques, or, with the signed agreement of the passenger, in travel vouchers and/or other services.

Examples of flights which are 1.500 km or shorter: All domestic flights in Iceland. Flights from REK/KEF to the Faroe Islands, Kulusuk, Nassarsuaq, Glasgow.

Examples of flights between 1.500 km and 3.500 km: Flights from REK/KEF to Oslo, Stockholm, Helsinki, Copenhagen, Hamburg, Frankfurt, Amsterdam, Luxembourg, London, and Halifax.

Examples of flights over 3.500 km: From REK/KEF to Baltimore, Minneapolis, New York, Boston, Orlando, and San Francisco.

For further information, see Articles 4, 7, 8, and 9 in the regulation.