TUI Fly Belgium: Boarding refused due to overbooking: What to Claim?

Rights, options, compensation and indemnification for overbooking a not very common practice, but legally allowed by airlines, is to be able to sell more tickets than the number of seats available on the plane. When this practice occurs, what is called a situation of denied boarding by the company towards the passengers of that flight occurs. In that case, the company is obliged to offer options, compensation or indemnities when violating the passenger’s rights.

Requirements to be met

According to Regulation (EC) 261/2004 of the European Parliament and of the council, of February 11, 2004 (on common rules on compensation and assistance to air passengers in the event of denied boarding), airlines like TUI Fly Belgium whose origin of the flight is a community airport, or community airlines whose final destination is a community airport, have the legal obligation to inform passengers about their rights if they are denied boarding due to overbooking or overselling with a form detailing the conditions of compensation and assistance, as long as said passengers meet the following requirements:

Confirmed reservation

Do not travel with free tickets or reduced price tickets (which are not directly or indirectly available to the public).

That they have met the deadlines and conditions required in billing (pay special attention to the presentation time at the Boarding Gate).

That they have been transferred to that flight

In that case, the company must look for passengers willing to negotiate so that they voluntarily resign their seat. If there are no volunteers, or if they are not enough, the company may deny boarding against the will of the passengers. In that moment, the affected passenger can already execute his rights.

Passenger rights for overbooking

Before making any decision, TUI Fly Belgium is obliged to inform you of your rights with a form that describes your options and rights, the passenger being able to choose between the following options:

• Right to a full refund of the part not made of the ticket and of the part made if the ticket no longer makes sense:
• The reimbursement must be made within a period of seven days.
• If applicable, you are also entitled to a flight to the first departure point.
• If you do not opt ​​for the right of reimbursement, you can opt for the right to alternative transportation.
• If the final destination is an airport close to the original one, the transportation costs to this or another nearby place negotiated by the passenger, are borne by the airline.
• Right to alternative transport: this will be in the same conditions and class as the original ticket and to the final destination, as quickly as possible or being able to choose a date based on available seats.
• They have the right to care and assistance: meals, refreshments, 2 calls, fax, telex and emails.
• If the alternative transport generates an additional stay, or waiting one or more nights, the airline must provide hotel and round trip to the airport free of charge.
• Special attention will be paid to people with reduced mobility, their companions and special passengers.
• They are entitled to compensation for denied boarding, but with reduction.

Compensation and compensation for overbooking according to options passengers who consent to denied boarding (volunteers): If the denied boarding is accepted, they are not entitled to compensation valued according to Regulation (EC) 261/2004. They must negotiate their own benefits with the company, and generally without the right to pursue future claims for compensation in court by agreeing to denied boarding. The volunteer passenger can use this reasoning as a compelling argument in his negotiation and finally assess which option is most beneficial for him. He can request to be seen in private to negotiate if he wishes. Passengers who do not consent to the denied boarding (required): Passengers who do not consent to the denied boarding in this case are entitled to compensation according to Regulation (EC) 261/2004. For this, the passenger must file a claim for denied boarding due to overbooking with the airline.

The compensation is calculated as follows, depending on the distance of the flight and its community nature or not:

If you accept the alternative transport proposed by TUI Fly, and it takes you to your destination with a difference of no more than three hours from the original arrival time, the compensations can be reduced up to 50% depending on the distance and type of flight:

If there are delays greater than those stipulated in this table, please refer to the delays section.

This compensation can be paid in cash, by electronic bank transfer, bank transfer, check-in, with a prior agreement signed by the passenger, travel vouchers or other services.

The passenger who does not accept the denied boarding also has the right to file a claim with the airline before the courts, since it is not responsible for the losses that this situation could cause.