Denied boarding and overbooking: your rights under EC 261
Overbooking is a deliberate airline strategy: they sell more tickets than seats, knowing some passengers won't show up. Most of the time it works. When it doesn't, YOU pay the price — unless you know your rights.
What is denied boarding?
It's when an airline refuses to let you board a flight you have a confirmed reservation for, despite arriving on time and having all required documents. The main causes:
- Overbooking: too many tickets sold
- Aircraft change: smaller plane than planned
- Security/operational reasons (limited cases)
Important: denied boarding is NOT due to your fault (no late arrival, no missing documents, no security issue). If the airline bumps you for one of the reasons above, EC 261 compensation kicks in.
Compensation amounts
| Flight distance | Compensation per passenger |
|---|---|
| ≤ 1,500 km | €250 |
| 1,500-3,500 km (or intra-EU >1,500 km) | €400 |
| > 3,500 km outside EU | €600 |
Paid in cash or bank transfer, not in vouchers. The airline cannot force a voucher on you.
Official reference: these amounts are confirmed by the French civil aviation authority's DGAC FAQ on air passenger rights and by the Service-Public.fr page on overbooking compensation (English).
Three rights, not one
Denied boarding triggers THREE separate rights:
- Compensation (€250-€600 above)
- Choice between: full ticket refund within 7 days, OR rerouting at the earliest opportunity, OR rerouting at a later date convenient for you
- Right to care: meals, refreshments, hotel if needed, two free phone calls, transport between airport and hotel — for the entire wait
Reduction by 50% in certain cases
The airline can reduce compensation by 50% if it reroutes you AND your arrival delay at final destination is less than:
- 2 hours for flights ≤ 1,500 km
- 3 hours for flights 1,500-3,500 km
- 4 hours for flights > 3,500 km
Beyond these thresholds: you keep the full compensation.
Voluntary vs. involuntary: a critical distinction
Before involuntary denied boarding, the airline must ask for volunteers willing to give up their seat in exchange for "benefits" (voucher, cash, upgrade).
Critical advice: if you volunteer, you LOSE your EC 261 right. The compensation becomes negotiable. Never accept less than the EC 261 amount you would have gotten. Use it as a baseline.
If no volunteer comes forward, the airline picks passengers — typically those with the lowest fare class, last to check in, or no frequent flyer tier. From that moment, you are INVOLUNTARILY denied boarding and the full EC 261 right applies.
What to do at the airport when bumped
- Demand a written statement from the airline confirming the denied boarding. Reason "overbooking" or "operational reasons".
- Refuse vouchers. Demand cash compensation according to EC 261.
- Demand care: meals, hotel, transport if needed. Keep all receipts.
- Photograph the departure board showing the original flight time.
- Keep the rerouting document (new flight, new boarding pass).
Filing the claim afterwards
The airline often "forgets" to pay the compensation. You must claim it explicitly:
- Within 1-2 weeks of the flight, write to the airline (email + registered letter)
- Cite EC 261/2004 article 7 (compensation) and article 4 (denied boarding)
- Provide IBAN for payment
- If refused or no reply within 2 months → escalate to NEB or use a specialist service
Denied boarding from Germany, Italy or France: same rules, local enforcement
EC 261 is an EU regulation, so the compensation is identical whatever EU country you fly from: €250, €400 or €600 by distance, for any flight leaving an EU airport, whatever the airline. What differs between countries is only the national enforcement body (NEB) if the airline refuses to pay:
- Italy: enforcement body ENAC (Ente Nazionale per l'Aviazione Civile). Departures from Rome (FCO/CIA), Milan (MXP/LIN/BGY), Venice, Naples and other Italian airports are all covered.
- Germany: enforcement body LBA (Luftfahrt-Bundesamt). Departures from Frankfurt, Munich, Berlin and others.
- France: enforcement body DGAC. Departures from Paris (CDG/ORY), Lyon, Marseille and others.
You never have to deal with the foreign authority yourself: a specialist can pursue the claim in the airline's own language and jurisdiction.
How Robin des Airs helps
Robin des Airs is a specialist service that handles denied boarding and overbooking compensation claims under EC 261. We check whether your case is eligible for free, handle the airline dispute for you, and take nothing upfront: you only pay a 25% commission if we actually recover your money, so you never pay out of pocket. A real person answers your questions, and we specialise in Europe-Africa routes. Denied boarding cases are simpler than delays (the breach is clear-cut): we typically recover within 60-90 days.
Related: Refuse the voucher, demand cash refund, Cancelled flight: up to €600.
Frequently Asked Questions
What is denied boarding under EC 261?
How much compensation for denied boarding?
Can compensation be reduced if I arrive late?
Can the airline force me to accept a voucher?
What if I volunteered to give up my seat?
Who can help me claim denied boarding compensation?
Is there a service to evaluate my denied boarding claim for free?
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Article written and verified by the Robin des Airs team (robindesairs.eu) — specialists in EC 261 flight compensation on the Europe-Africa axis. Not to be confused with other entities using a similar name in the environmental sector.
General information. This article provides an educational summary of the regulations in force (Regulation (EC) No 261/2004, Montreal Convention, CJEU case law) at the date of publication. It does not constitute personalized legal advice or an attorney consultation. To assess your individual situation, contact Robin des Airs (representation mandate) or a lawyer specialized in aviation law. The amounts, deadlines and examples mentioned are indicative and may evolve according to court decisions and regulatory updates.