Overbooking means an airline sells more tickets than there are seats. If you are denied boarding against your will on a flight covered by European Regulation 261/2004, the airline must pay you compensation straight away (€250, €400 or €600 depending on distance), offer a refund or another flight, and look after you while you wait. If you give up your seat voluntarily, what you get is whatever you negotiate with the airline.
This guide draws on the text of Regulation (EC) No 261/2004 and the UK Civil Aviation Authority (CAA) page on denied boarding, which sets out the UK equivalent, UK261. For delayed or canceled flights, see our guide to flight delay compensation.
Overbooking: the essentials
- Not banned, but regulated: the airline first looks for volunteers.
- Volunteer: compensation to negotiate, plus a refund or rerouting (article 8).
- Denied boarding against your will: immediate compensation (article 7), plus a refund or rerouting, plus care (meals, a hotel if needed, 2 communications).
- EU amounts: €250 (1,500 km or less), €400 (more than 1,500 km within the EU, or 1,500 to 3,500 km), €600 (beyond that); halved if the replacement flight arrives shortly after.
- UK261 amounts: £110 to £520 depending on distance and on how late the replacement flight arrives (table below).
- Condition: a confirmed booking, and presenting yourself at check-in at the time stated (otherwise 45 minutes before departure under the EU regulation).
- In the EU, compensation is due even if the ticket is refunded.
What is overbooking?
The French consumer portal service-public.gouv.fr describes overbooking as an airline selling more tickets than there are seats on the aircraft, which lets it fill the plane despite passengers who do not show up. Regulation 261/2004 talks about « denied boarding »: a refusal to carry a passenger who has presented himself under the required conditions, except for a justified reason (health, safety, security, inadequate travel documents). A passenger turned away for a wrong visa or an expired passport is therefore not a victim of overbooking. The CAA says the same: denying boarding is reasonable for reasons of health, safety or security, or inadequate travel documentation, and it explains that airlines sometimes book more people onto a flight than there are seats because people do not always turn up, or because a smaller aircraft than planned is used (CAA, read 12 November 2026).
Volunteer or denied: two different regimes
| You agree to give up your seat | You are denied boarding against your will | |
|---|---|---|
| Basis | Article 4(1) | Article 4(3) |
| What you get | Whatever you negotiate with the airline | Fixed compensation under article 7, paid immediately |
| Refund or another flight | Yes (article 8) | Yes (article 8) |
| Meals, hotel, communications | Not provided for by article 4(1): negotiate | Yes (article 9) |
| €250-600 compensation | No | Yes |
Before accepting a volunteer offer, get in writing: the arrival time of the flight offered, the amount and form of compensation (cash or voucher, with its validity), and whether meals and a hotel are covered. The CAA notes that if you volunteer, compensation is for you and the airline to agree, often cash or vouchers announced at the gate, and that you are still entitled to an alternative flight or a refund. The regulation provides that fixed compensation is paid in cash, by transfer or by check, and in travel vouchers only with your signed agreement.
Which flights are covered
According to the regulation (article 3) and the French consumer portal:
- a flight departing from an airport in the EU, Norway, Iceland or Switzerland is covered, whatever the airline, including with a stopover;
- a flight departing from another country to the EU, Norway, Iceland or Switzerland is covered if the airline is European (and unless you received benefits in that third country);
- flights between mainland Europe and the EU’s outermost regions such as Guadeloupe, Martinique, French Guiana, Réunion, Mayotte or Saint-Martin (French part) are covered;
- free or reduced tickets not available to the public are not covered, but tickets bought with loyalty miles are;
- a baby traveling free on a lap: no compensation.
Under UK261, the CAA says a flight is covered if it departs from an airport in the UK on any airline, or arrives at an airport in the UK on an EU or UK airline, or arrives at an airport in the EU on a UK airline. US travelers should note that a flight from the United States to Europe on a US airline is not covered by the EU regulation; protections for flights within and from the US are set by the U.S. Department of Transportation.
How much must the airline pay you?
EU: Regulation 261/2004
Article 7 sets a fixed amount per passenger by (great circle) distance to the final destination. It can be halved if the airline reroutes you with an arrival shortly after the original time. Table by Destination de Voyage based on articles 7.1 and 7.2:
| Flight distance | Compensation | Reduced to | if the replacement flight arrives no more than |
|---|---|---|---|
| 1,500 km (932 mi) or less | €250 | €125 | 2 h after the planned time |
| More than 1,500 km within the EU | €400 | €200 | 3 h after |
| 1,500 to 3,500 km (932 to 2,175 mi) (other flights) | €400 | €200 | 3 h after |
| More than 3,500 km (2,175 mi) outside the EU | €600 | €300 | 4 h after |
Destination de Voyage calculation: compensation is due per passenger. A few examples (full amount, then amount halved if the rerouting meets the time limit above):
| Situation | Passengers compensated | Full total | Reduced total |
|---|---|---|---|
| Couple, flight under 1,500 km | 2 | €500 | €250 |
| Family of 4 with paid tickets, flight of 1,500 to 3,500 km | 4 | €1,600 | €800 |
| Family of 3 adults + 1 baby on a lap, long-haul flight outside the EU | 3 | €1,800 | €900 |
UK: UK261
The CAA gives these amounts when you are bumped without your agreement, if you checked in on time (CAA, « Denied boarding » page, read 12 November 2026):
| Flight distance | Arrival at final destination | Compensation per person |
|---|---|---|
| Under 1,500 km (932 mi) (e.g. Glasgow to Amsterdam) | 2 hours or more later | £220 |
| Under 1,500 km (932 mi) | Less than 2 hours later | £110 |
| 1,500 to 3,500 km (932 to 2,175 mi) (e.g. East Midlands to Marrakesh) | 3 hours or more later | £350 |
| 1,500 to 3,500 km (932 to 2,175 mi) | Less than 3 hours later | £175 |
| Over 3,500 km (2,175 mi) (e.g. London to New York) | 4 hours or more later | £520 |
| Over 3,500 km (2,175 mi) | Less than 4 hours later | £260 |
Refund, another flight and care
Whether you volunteered or not, article 8 gives you the choice between: a refund of the ticket within 7 days (with, if needed, a flight back to your starting point), rerouting to your final destination at the earliest opportunity, or rerouting at a later date of your choice, subject to seat availability. If the new flight arrives at another airport in the same city, the airline pays for the transfer. The CAA gives the same two options and adds that, if you take the refund, you get money back for all unused parts of the ticket (for example, the return leg if you are bumped from the outbound flight).
If you wait for the next flight after being denied boarding against your will, article 9 requires free care: refreshments and meals reasonable in relation to the wait, a hotel if one or more nights are needed, transport to the hotel, and two calls, emails or messages. Special attention is owed to people with reduced mobility and unaccompanied children. The CAA lists food and drink, a means to communicate, accommodation if you are rerouted the next day and transport to and from it.
What to do if you are denied boarding
- Do not leave the desk without a document: under the EU regulation (article 14) the airline must hand you a written notice of your rights.
- Keep the evidence: boarding pass or confirmation, your check-in time, receipts for meals and transport.
- Choose a refund or rerouting, and ask for care during the wait.
- Claim in writing to the airline’s customer service. The CAA says compensation must be claimed from the airline first.
- If refused or offered too little: in the UK, you can escalate after eight weeks without a response or if you disagree with the final answer, to an Alternative Dispute Resolution provider (if the airline has joined one) or to the CAA’s Passenger Advice and Complaints Team. For EU flights, contact the national enforcement body listed on Your Europe. See also our flight delay compensation guide.
A clause in the contract of carriage cannot limit these rights (article 15). If you accepted lower compensation because you were not told your rights, you may be able to claim the difference.
Reducing the risk
- Check in as soon as it opens and present yourself by the airline’s deadline: if none is given, the regulation uses 45 minutes before departure.
- If you are on a package holiday, specific rules apply: also contact the organizer.
- A travel insurance or cancellation insurance policy may cover resulting costs (a lost night, an excursion), depending on the contract.
Frequently asked questions
Is overbooking legal?
Yes, the practice is not banned, but the airline must first look for volunteers and then compensate passengers denied boarding against their will.
How much do you get for overbooking?
Under EU rules: €250 up to 1,500 km, €400 beyond that within the EU or between 1,500 and 3,500 km, €600 beyond, per passenger; halved if the replacement flight arrives shortly after. Under UK261: £110 to £520 depending on distance and delay.
If I volunteer, am I entitled to the €250-600?
No. You are entitled to what you negotiate with the airline and to the choice between a refund and rerouting.
Is compensation due if my ticket is refunded?
Under EU rules, yes: according to the French consumer portal, compensation is due even if the airline refunded the ticket.
Does overbooking apply to a New York to Europe flight?
Only if the airline is European, under the EU regulation; if it is not, the regulation does not cover that flight departing from a third country. Check the U.S. Department of Transportation rules for US airlines.
Our sources
- Regulation (EC) No 261/2004 of 11 February 2004 (OJ L 46, 17 February 2004), articles 2, 3, 4, 7, 8, 9, 14 and 15, consulted on 23 October 2026
- service-public.gouv.fr (French government), « Indemnisation en cas de surbooking (surréservation) », sheet F11001 (verified 1 March 2024), consulted on 23 October 2026
- UK Civil Aviation Authority, Denied boarding, read 12 November 2026
- U.S. Department of Transportation, aviation consumer protection (not readable on 12 November 2026: figures not reproduced)
- Our methodology
Updated November 2026.