Passenger Rights: Understanding Overbooking and Compensation

2024-02-14 19:03:16

A trip booked for a long time, timing respected at the airport, Koen, Thomas and their families organized their New York-Brussels flight according to the rules of the art. However, they were unable to board. The reason? An overbooking operated by Brussels Airlines. After their mishap in November, a three-month fight to obtain compensation from the company. Is the practice permitted and what are the rights of injured passengers? We take stock.

“We had checked in online before the flight. We didn’t get a seat number, but it can happen. When we arrived at the Brussels Airlines check-in counter 2.5 hours before the flight, there was already no one there. Two other couples also present told us that check-in was already closed due to an overbooked flight,” Thomas begins. At no time did Brussels Airlines inform them of the situation.

“A Lufthansa employee (Editor’s note: Brussels Airlines also belongs to the group) told us that it was our fault, that we should have shown up four hours in advance,” says Koen Van Vaerenbergh, Thomas’ travel partner. “But that wasn’t the case. The reservation indicated that due to stricter security checks for flights from the United States, it was advisable to be at the airport approximately two hours before departure.”

It was only an hour later that the couples found a Brussels Airlines employee, who told them that the flight was indeed overbooked and that they could not fly the same day.

“What upset us was that they unilaterally decided that we could not board and gave away our six seats which had been paid for months ago. Additionally, the vouchers received for food and accommodation were sold out. We had to pay everything ourselves and pass on the costs,” regret Thomas and Koen together.

“This is not serious”

“In addition to these on-site costs, we also had to extend accommodation for our dogs, postpone meetings and our daughters missed a day of school. Since I work as a freelance reporter, I missed a day’s pay. Cost: almost 2,400 euros,” confides Thomas.

“When we booked the trip a year ago, we had to pay thousands of euros in one go. And when you want to request a refund, because of an error made, you must do so using an online form, without human contact. It’s not serious,” protest the two friends.

Faced with the lack of feedback from the company, they surveyed Safia Yachou, HLN consumer expert. She does not obtain any information from the Brussels Airlines press service, “because it is an individual file”. She has to settle for a standard answer. “Unfortunately, our customer service is late in following up on files. Our employees do everything in their power to help our passengers who have questions or complaints as best and as quickly as possible. We sincerely apologize for the long waiting times”.

Coincidence or not, the following week, they received an email of apology from the airline, but no answer to the question of why Brussels Airlines gave up their seats, without warning them as a bonus.

An authorized practice

Overbooking is common and authorized, particularly for business flights. “Airlines want to ensure as high a load factor as possible. They know from experience that not everyone shows up and every flight must be profitable. They therefore offer more tickets than there are places,” explains transport economist Wouter Dewulf (University of Antwerp).

“Airlines have data and know very precisely when there is a significant risk of no-show for a given route. In almost all cases it goes well, in a few percentages it doesn’t. Brussels Airlines also admits that this phenomenon is common. “According to studies, up to 5% of passengers fail to show up for flights. Depending on capacity, this represents on average 9 to 14 people,” says Joëlle Neeb, spokesperson for Brussels Airlines.

“When, before a flight, everyone shows up to check in, the situation becomes tense,” comments Wouter Dewulf, who recalls his own experience. “The tellers are obliged to first ask who wants to give up their place voluntarily. In case of failure, they choose themselves based on a certain number of criteria. If you did not pay a lot for your ticket, if you are not a member of the loyalty program or if you are traveling alone, it is more likely that they will refuse you a seat,” continues the expert. Families are generally not affected. The case of Thomas and Koen is quite exceptional.

What rights for passengers?

If you are designated not to board, you are entitled to a number of things: including food, drinks, a place to sleep, transportation to the hotel and two free phone calls. If the airline does not have vouchers, you must arrange your accommodation yourself and add these costs. In addition, the airline must book a return flight as soon as possible. This time limit is not clearly defined in the law, but it is usually the next flight.

After almost three months of struggle, the friends obtained a refund of 5,249 euros. “We are happy that we have already recovered a lot of our money. Of the 740 euros of costs incurred, they do not want to reimburse us because, according to European regulations, they are not obliged to do so. But in our opinion, there is also Belgian legislation,” say the two friends.

In principle, additional costs related to the care of your pets or a paid event that you miss should not be reimbursed by the company. “If you suffer significant losses because you don’t return home until later, you can still claim reimbursement under common law. You must then make a separate request to the company, providing proof of expenses actually paid or income that you did not have,” explains Laura Clays of Tes-Achats.

People who voluntarily give up their seat during a connection can earn money. It even happens that the trip is fully reimbursed. “But be careful: as a volunteer, never accept compensation less than that to which you are entitled,” specifies the HLN consumer expert.