UK Denied Boarding Compensation

UK denied boarding compensation.

Overbooking of flights. Why it happens? How much can you claim?

The United Kingdom left the European Union at the end of January 2020. Many travellers feared that it will make them less protected when travelling to and from the UK. But the truth is, nothing much has changed. If before you were protected by the EU law, now you are protected by UK law. In many situations you can still claim compensation for denied boarding.

It applies to flights with UK, EU and also other airlines.

1. What Is Overbooking?

Why do airlines overbook flights?

The reason we are talking about it is that mostly denied boarding happens due to overbooking. Even if you have a valid ticket, everything is in order with your travel documents and you have arrived on time for check-in, you may still be denied boarding. 

Airlines often sell more tickets than there are seats on their planes. Since there is always someone who doesn’t show up for his flight or someone who can’t make it, it’s their chance to make more money. And when too many people show up, someone gets bumped. One day it may also be you, the one who gets bumped on overbooked flight.

Now let’s talk more about denied boarding compensation, UK law.

Overbooking definition – the act of accepting more reservations that there are places, tickets, hotel rooms, etc available (Collins English Dictionary – Complete and Unabridged, 12th Edition 2014 © HarperCollins Publishers 1991, 1994, 1998, 2000, 20003, 2006, 2007, 2009, 2011, 2014).

2. UK Denied Boarding Compensation

In the EU you are protected by EU Regulation 261/2004.

Before Brexit the same was true also with the UK flights. Now the UK Government has written Regulation 261 into UK law, and on this site we will refer to it as Regulation UK261. There has been little change, and the rules are still very simple.

If it’s overbooking then you are entitled to compensation.

If you are flying to or from the UK, and if you have been denied boarding against your will, you may be entitled to compensation up to GBP 520 per passenger. Because it’s your airline’s fault, not yours. Also the airline has to take you to your destination or give you a full refund.

• If it’s a UK airline, it applies to all flights to and from the UK and EU.
• If it’s a EU airline, it applies only to flights to and from the UK. On the rest of the flights you’re protected by the EU regulation EC261/2004.
• If it’s a non-UK, non-EU airline, it applies to all flights departing from the UK. If your flight departs from the EU, you’re protected by the EU regulation EC261/2004. In the rest of the situations you aren’t protected by neither of the laws. 

The rules are the same for all passengers. You don’t have to be a UK citizen to be entitled to UK denied boarding compensation.

Situations when you can’t claim denied boarding compensation:

• In case of voluntary boarding denial. When things like this happen airlines look for volunteers ready to give up their seats and take another flight. Once you accept an offer from the airline, you are not eligible to compensation from the airline anymore. Mostly they offer a new flight and some cash to sweeten the deal.
• If there are problems with your travel documents. It can be anything from visa issues to passport validity and certificates necessary for travel that you don’t have. In these situations you are not eligible to compensation either.

By Europe and EU here on this website, we mean all EU Member States, the United Kingdom (UK), Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, Saint Martin (French Antilles), the Azores, Madeira, the Canary Islands, Iceland, Norway, and Switzerland.

2.1 Scenarios When You Can Get UK Denied Boarding Compensation

Here are all the possible scenarios.

In some situations you may refer to any of the two laws when submitting a compensation claim against the airline, in others — only to one. Take into account that if it’s a connecting flight, your final destination is considered your “real destination”. If it’s a London (UK) – Paris (EU) – Dubai flight, Dubai (third country) is your destination.

You’re flying with a UK airline:

	Regulation UK261	Regulation EC261/2004
EU – EU	✓	✓
EU – UK	✓	✓
EU – Third Country	✓	✓
UK – EU	✓	–
UK – UK	✓	–
UK – Third Country	✓	–
Third Country – EU	✓	–
Third Country – UK	✓	–

You’re flying with a EU airline:

	Regulation UK261	Regulation EC261/2004
EU – EU	✓	✓
EU – UK	✓	✓
EU – Third Country	✓	✓
UK – EU	✓	–
UK – UK	✓	–
UK – Third Country	✓	–
Third Country – EU	✓	–
Third Country – UK	✓	–

You’re flying with other airlines (non-EU, non-UK):

	Regulation UK261	Regulation EC261/2004
EU – EU	–	✓
EU – UK	–	✓
EU – Third Country	–	✓
UK – EU	✓	–
UK – UK	✓	–
UK – Third Country	✓	–

Read more:

• You Are Flying With a UK Airline: Which Laws Protect You as a Passenger?
• You Are Flying With a EU Airline: Which Laws Protect You as a Passenger?
• You Are Flying With a Non-EU, Non-UK Airline: Which Laws Protect You as a Passenger?

2.2 Right to Care

If you have to wait at the airport, you have a right to care.

For example, if you have been denied boarding and your new flight is leaving only after a few hours. If the wait is 3 or more hours, you have a right to care. Even if you gave up your seat voluntarily. 

According to the Regulation UK261, you can get:

• free meals and drinks in a reasonable relation to the waiting time,
• free hotel accommodation if a stay of one or more nights is necessary,
• two free phone calls, e-mails or faxes.

Agreeing to it doesn’t affect your chances of getting overbooked flight compensation. There is a common myth that if you take free accommodation and free food then you won’t be entitled to involuntary denied boarding compensation anymore. But it’s not true. 

In most situations, all of that is offered in the form of coupons.

3. How to Claim Denied Boarding Compensation in the UK?

There are two ways to claim UK denied boarding compensation.

1. Contacting the airline directly. Contact the customer support center using the official website of the airline, and request compensation for being bumped off a flight. Refer to denied boarding regulations, UK law (Regulation UK261).Be prepared that it may take months. Be also prepared to negotiations and refusal. 

2. Taking the easiest path — legal representation. In this case everything is handled by air passenger rights professionals (flight compensation company). Everything related to your airline compensation, your compensation claim, is done on your behalf. All you have to do is to fill in a single claim form. Our partners offer a service like this.

When choosing this option, here is all you will have to do:

And that’s it — the rest is handled by professionals.

* Your boarding pass and passport or ID copy.

Read more: Why Seek Legal Representation to Claim UK Flight Compensation?

3.1 How Long Does It Take?

Usually the whole process takes at least a couple of months.

It takes longer if you do it on your own, and the airline isn’t really cooperating. In most cases, you have to wait 2 to 3 months from the moment you’ve submitted compensation claim until your UK denied boarding compensation arrives in your bank account. Sometimes there’s a need to escalate a case further. It adds at least a couple of months, sometimes 6+ months to the whole process. 

The latter is one of the reasons why so many choose to give up the whole thing. Because it can take a lot of time. A much better option is to hand it over to reputable flight compensation. Look for a company that doesn’t charge anything extra if they can’t get your compensation.

4. How Much Can You Claim?

In the UK compensation amounts are fixed.

They range from £220 to £520 per passenger.

In that sense, it’s the same as with EU denied boarding compensation regulation. All passengers are entitled to equal compensation, no matter the type of the ticket or even airline. Under the same circumstances British Airways denied boarding compensation will be the same as with Wizz Air.

Calculate your airline denied boarding compensation.

When your destination is within the UK / EU:

When your destination is outside the UK / EU:

There is one exception. If the distance of your flight is greater than 3,500 kilometres, and you reach your destination with a delay between 3 to 4 hours, you will be receiving £260 not £520 (50% of the compensation). If the delay is longer than 4 hours, you will get full compensation of £520.

4.1 Denied Boarding Compensation: Voucher or Cash?

Overbooking compensation must be paid to bank account.

Your airline, however, just like most airlines, may initially offer you a voucher instead of cash or bank transfer. You don’t have to accept that if you don’t want it. Request a bank transfer instead. Because if we look at the policies and regulations, airline compensation and refunds always have to be paid in cash or by bank transfer.

5. Voluntary vs Involuntary Boarding Denial

What is the difference between voluntary and involuntary denied boarding? 

What are your chances of getting compensation in every situation?

5.1 Voluntary Boarding Denial

It’s when you choose not to fly in exchange for some benefits.

What happens when a flight is overbooked? In the event of an overbooked flight, you may be asked to give up your seat in exchange for a new flight a few hours later and compensation in the form of vouchers or cash. If you are offered compensation like this and you agree to it, it’s called voluntary boarding denial.

In this case, you aren’t eligible to UK denied boarding compensation.

You don’t have to agree to an offer like this.

5.2 Involuntary Boarding Denial

Involuntary denied boarding is the exact opposite.

Sometimes you don’t have a choice. In some situations, when there aren’t any free seats left, there also aren’t enough volunteers who are ready to give up their seats. In this case, people with confirmed tickets may also be denied entry on the plane against their will. It is called involuntarily denied boarding. 

If that’s what has happened to you, know that it makes you eligible to UK denied boarding compensation.

What happens in case of involuntary denied boarding?

1. The airline must still provide you with a new flight or give you a full refund for the flight you were denied boarding on (you must be given a choice);
2. With have a right to care;
3. You are entitled to compensation up to GBP 520 per passenger. 

Speaking of the right to care, if you have to wait the airline must offer you free meals and drinks in a reasonable relation to the waiting time, two free phone calls, e-mails or faxes. If your new flight is leaving only on the next day, free hotel accommodation and free airport transfer must be offered.

5.3 Denied Boarding Due to Visa Issues

If there is an issue with your travel documents, you might be denied boarding. If you don’t have a valid visa, you may also be denied boarding. That applies also to situations when you aren’t entering a country, but only transiting through. If you have booked flights separately (self-transfer flights), you may have to apply for a visa for your layover. Find out about it in advance.

If you don’t have a visa, when you require it, and because of that you are denied boarding, you won’t get compensation. It will be seen as your fault.

Check the rules shortly before you travel.

Read more:

• Compensation for Overbooked Flights in the UK
• What to Do if You Are Denied Boarding?

UK Denied Boarding Compensation: FAQ

UK – Third Country Flights, Tourists

Travel Documents

Other Situations

Do you still have questions about UK denied boarding compensation? Ask in the comments.

Featured photo by Pixabay from Pexels