Flight passengers are not guaranteed a seat even when they book one – and can be legally ‘bumped’ onto another service, travel experts confirmed today.
Airlines will sometimes book more people onto a flight than there are seats on a plane because travellers do not always turn up even if they have booked a flight.
Carriers are also sometimes unable to board all passengers if they switch to a smaller aircraft for operational reasons, meaning too many people will try to board.
Some passengers are therefore asked to give up their place on the flight – known as being ‘bumped’ – although airlines can also do so without your permission.
There was after one such case last month involving a Ryanair passenger who did not pay to reserve himself a seat before a flight from Birmingham to Mallorca.
Gym coach Scott McCormick and his girlfriend Helena Boshwick, both 33, were set to fly together on May 1 for a week-long break and gym mentorship event.
The couple did not reserve seats – which typically cost from £4.50 to £33 each – before checking in because they did not mind sitting apart on the two-hour flight.
Because of this, Mr McCormick and Miss Boshwick were each assigned a random seat free of charge upon checking in, which they did online before departure.
Scott McCormick and his girlfriend Helena Boshwick did not get on the flight from Birmingham
But when they got to the airport gate, staff said that only one of them could board the plane – which they initially believed was because it had been overbooked.
Ryanair has since confirmed that the flight was scheduled to operate on a Boeing 737-8200 with 197 seats, but had to be swapped to a 737-800 with only 189 seats.
One passenger was left unable to board – and because the couple were the last two to check in, they were told one of them would be put onto the next flight.
But because they did not wish to travel separately, only one of them could be moved onto the next flight – with the other having to pay a £100 missed departure fee, which was not refunded.
Ryanair claimed Mr McCormick was entitled to claim back ‘reasonable receipted expenses’ under EU Regulation 261/2004, but he had yet to submit any receipts to the airline.
Rory Boland, travel editor at consumer group Which?, told MailOnline: ‘Unfortunately for travellers, it’s not uncommon for flights to be overbooked.
‘Sometimes a last minute change of aircraft might mean less seats available than planned for, in other cases some airlines actively overbook, betting on ‘no shows’ to balance things out, while maxing their profits by charging for more seats than the plane can actually accommodate.
‘If an airline ends up with too many people at the gate, it can’t just bump someone from the flight because they didn’t pay extra to reserve a specific seat.
‘So long as the flight is either departing the UK, or flying into the UK on a UK or EU based airline, the airline is legally obliged to ask for volunteers before resorting to forcibly denying boarding.
‘If you volunteer then you surrender your right to statutory compensation, so you should make sure you’re happy with the amount you negotiate – at a minimum be sure to get at least get the amount you would be owed if the flight was cancelled – which would be up to £520 each for a long-haul flight, or less for a short-haul journey.
‘If there are no volunteers, only then an airline can choose to deny a passenger boarding. Anyone who is bumped from a plane should have their flight rebooked as quickly as possible, and be paid cancellation compensation.’
Scott McCormick spoke about his experiences of being bumped in a TikTok video at the airport
Travel expert Nicky Kelvin, editor-at-large at The Points Guy, also told MailOnline: ‘I would always recommend that everyone has a basic understanding of their rights before travelling abroad, as delays, cancellation and in this case being refused to board a flight can be extremely stressful and perhaps costly, especially if you do not know your rights and how you stand.
‘The EU261/UK261 regulations outline the rights passengers have in instances such as this – for example if a flight is delayed or cancelled, travellers are generally entitled to care and assistance by the airline and could be eligible for compensation depending on the duration of the delay.
‘Passengers who are faced with their flight being overbooked, resulting in them being denied boarding, will be entitled to compensation – the level of which depends on the length of the flight – the right to care like meals, accommodation and refreshments, and the option of rerouting at the earliest opportunity or at a later date that is convenient for the passenger, or a refund, from the airline.
‘It is important to contact the travel provider as soon as possible and to keep copies of all reasonable expenses incurred, for example food at the airport, taxis back home or if you have to book alternative accommodation until the airline organises an alternative flight.
‘When travelling abroad, I always advise travellers to book all travel on a credit card which includes a travel disruption policy, which will provide extra protection should there be any issues. These policies can help across delays, cancellations, lost baggage and more.
‘If two or more people are travelling, I would always recommend booking a seat together ahead of time to ensure you’re not only sitting in close proximity on the aircraft but also that you give yourself the best chance of being on the same flight in the case of overbooking.’
Those who volunteer to be bumped on a flight must agree compensation with the airline, which will often make an announcement at the gate offering cash or vouchers. Passengers in such cases are also entitled to an alternative flight or a refund.
But if a passenger is bumped without their agreement, they can get compensation as long as they checked-in on time – with the level depending on the length of flight and disruption.
This is set out in the following table from the Civil Aviation Authority:
| Length of flight | Length of disruptions | Compensation |
|---|---|---|
| Short-haul flight of under 1,500km (e.g. Glasgow to Amsterdam) | Arrive 2 hours or more later at final destination | £220 |
| Short-haul flight of under 1,500km (e.g. Glasgow to Amsterdam) | Arrive less than 2 hours later at final destination | £110 |
| Medium-haul flight of 1,500km – 3,500km (e.g. East Midlands to Marrakesh) | Arrive 3 hours or more later at final destination | £350 |
| Medium-haul flight of 1,500km – 3,500km (e.g. East Midlands to Marrakesh) | Arrive less than 3 hours later at final destination | £175 |
| Long-haul flight of over 3,500km (e.g. London to New York) | Arrive 4 hours or more later at final destination | £520 |
| Long-haul flight of over 3,500km (e.g. London to New York) | Arrive less than 4 hours later at final destination | £260 |
Regardless of whether a passenger volunteered or was forced to be bumped, the airline must also let them choose an alternative flight and provide ‘care and assistance’ while they wait.
This means they must provide a reasonable amount of food and drink, which is often provided as vouchers; a means for them to communicate, often by refunding the cost of calls; and accommodation in a hotel, if they are move onto a flight the next day.
Transport to and from the accommodation, or the passenger’s home, if they are able to return there, must also be provided.
For those who do not wish to fly, they can get a refund for all parts of the ticket which have not been used – which would include the full cost of the return ticket if they are bumped from the outbound leg.
If a passenger is midway through a journey, the airline should also provide a flight back to the starting point.
This all comes under UK law, which provides rights for passengers departing from an airport in the UK on any airline; arriving at an airport in the UK on an EU or UK airline; or arriving at an airport in the EU on a UK airline.
Ryanair has a policy that it does not overbook flights, but it is understood that the airline does try to seek volunteers to be bumped if a seat is not available for a passenger with a confirmed reservation.
If no one volunteers, the airline then chooses the passengers itself to bump, and is supposed to offer them compensation, reimbursement and ‘care and assistance’.
Mr McCormick was set to fly with Ryanair from Birmingham to Palma de Mallorca Airport
Mr McCormick, from Birmingham, explained what happened in his case in a TikTok video, saying: ‘We checked in the night before and we didn’t reserve a seat but you normally just get a random one.
‘Me and my partner thought it’s not that much of a problem if we’re not sitting together for a two-hour flight, we’re adults here.
‘We were the first ones at the gate ready for boarding. The lady scanned our boarding passes and told us to step to the side for a second. That moment was a red flag, I thought: ‘There’s something happening here’.
‘When everyone boarded, she said: ‘the plane is full, there’s only one seat remaining and we will have to reimburse you for the other seat or you’ll have to get on the next flight’.’
He claimed that the couple then had a ‘meltdown’ because they had wanted to catch the same flight and arrive to their destination together.
Mr McCormick continued: ‘There was no compassion or care whatsoever. After going back and forth we said we’re not going to take separate flights and be in separate countries for hours.’
He claimed that they protested and were eventually told that they could both get on the next flight and receive a refund for both tickets.
Mr McCormick is pictured in Mallorca after finally arriving following his delayed departure
Mr McCormick added: ‘I asked if we can have that in writing or an email for them to confirm it in some way. They said it’s on the system, and when we go to ticket sales, they will reimburse us and we can get on the next flight.’
But when the couple got back to the check-in desk, they claim to have been told that they still had to pay for one of the tickets.
According to the holidaymaker, one of the seats had been marked in the system as a cancelled booking, while the other was put down as a missed flight.
They then spent a further £100 on the new ticket and claimed they were assured that a refund would be processed for this fee, but they have not received it.
Ryanair has since claimed that the passenger was not entitled to a refund for the flight because they were reaccommodated onto the next available service.
But Mr McCormick said the experience felt like ‘discrimination,’ and that the couple were singled out because they are ‘young’ and did not have children. He added that he would avoid flying with Ryanair in future due to the staff’s ‘lack of compassion’.
Mr McCormick said: ‘Ryanair should have asked all passengers if anyone would like to volunteer their seats.
Ryanair has since confirmed that the plane was swapped to a 737-800 with only 189 seats
The incident happened at Birmingham Airport (above) before the flight to Palma de Mallorca
‘It felt like discrimination, how do they pick out these people, is it because we’re young and we have no kids so there’s just two of us, is it to do with something we don’t see or understand?
‘There was so much of it that was really frustrating, and it’s the lack of care, no empathy. You can be bawling your eyes out and they just don’t care, they’re deadpan. We just had to get over what happened, it was a terrible way to start a holiday.
‘They said at ticket sales they would be doing this themselves and get everything over and start the process, so I haven’t formally complained.
‘I don’t think they did, I definitely haven’t got the money back. We just got caught in a big company’s terms and conditions. I would avoid it [Ryanair] if I could now. Why am I being singled out?’
But a Ryanair spokesman told MailOnline: ‘This flight from Birmingham to Palma de Mallorca (May 1) was not ‘overbooked’ – it was scheduled to operate on a 737-8200 (197 seats) but for operational reasons had to be swapped to a 737-800 aircraft (189 seats).
‘As a result, 1 passenger was unable to travel on this flight, and was reaccommodated onto the next available flight to Palma de Mallorca.
‘Mr McCormick’s travel companion was not refused boarding but chose not to board and travel on this flight from Birmingham to Palma de Mallorca and was required to pay a Missed Departure fee (£100) to be booked onto the next available flight.
‘Mr McCormick was notified by email on the day of travel (May 1) that he was entitled to claim back reasonable receipted expenses, however Mr McCormick has yet to submit any expense receipts to Ryanair.’
