Part II: Overbooking and bumping

The first of this three-part series discussed cancellations and delays; now we turn to overbooking and passenger bumping. The Airline Deregulation Act of 1978 did precisely what the title of the act would suggest—that is, it deregulated the airlines—with an aim to allow the competitive market to naturally govern the quality of services, offering of flights, and prices of fares. The U.S. Department of Transportation, however, still has jurisdiction to regulate the airlines to protect consumers (but not without limit). One of the areas that DOT can regulate is overbooking and passenger bumping.

It is common practice for airlines to overbook flights to buffer against no-shows (people who purchase tickets and don’t show up at flight time). Sometimes, there are fewer no-shows than estimated, and so more passengers than seats. When that happens, the airlines will “bump” passengers from the flight to stay within the aircraft’s seating capacity. Both overbooking and bumping are permissible, but there are certain rules that airlines must follow when “bumping” passengers.

Before bumping passengers without their consent, the airline must first find out if any passengers will voluntarily give up their seats and take a later flight. Often, airlines will entice passengers to volunteer by offering flight vouchers, cash, or other incentives. When airlines offer free or reduced airfare as compensation, they must disclose any restrictions that apply to the offer. If you volunteer for bumping, be sure to find out when your flight will be rescheduled and whether you will be provided food and any needed accommodations in addition to the offered compensation.

If there are no volunteers, the airlines can begin bumping involuntarily. If you are involuntarily bumped and rescheduled on a flight that arrives at your first stopover (or final destination if there is no stop) within one hour of your original schedule, you are not entitled to any compensation. Anything longer than one hour, however, requires compensation: for delays of more than one hour, but less than two hours, compensation must be 200 percent of the original fare (capped at a maximum of $675); for delays of more than two hours or if no alternate transportation is provided, compensation must be 400 percent of the original fare (capped at $1,350). The airline must provide you with cash or a check for the required amount on the spot. However, if the airline arranges for alternate transportation before payment can be prepared, the airline must provide payment (either by mailing it or otherwise) within 24 hours of bumping a passenger.

If you want to lodge a complaint about overbooking or bumping, start with the airline. The airlines are required to inform consumers how to submit a complaint on their website, on their e-ticket confirmations, and at their airline counters upon request. They also must respond to consumer complaints within 60 days of receiving the request.

In addition to lodging a complaint with the airline, you should file a complaint with the Department of Transportation at: https://www.transportation.gov/airconsumer/file-consumer-complaint. DOT is responsible for enforcing the regulations and can impose any applicable penalties or sanctions.

Finally, you can also submit a complaint to the Consumer Counsel: cnmiconsumercounsel@gmail.com. Under the Airline Deregulation Act, the Commonwealth cannot regulate fares, services, and routes, but if your complaint touches on other matters it could permit action under Commonwealth law.

• Please note that these rules apply to covered carriers as defined under the DOT regulations that meet certain flight requirements. The rules may not apply to all flights.

• The information contained in this article is for general informational purposes only and is not intended to provide legal advice to any individual or entity. This information is not intended to create, and the reading of it does not constitute, an attorney-client relationship.
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Teresita J. Sablan is the consumer counsel of the Office of the Attorney General.