Selling more tickets than seats is legal in the EU, the UK, the US and Brazil. What the law controls is the price the airline pays when everyone turns up. Of all the situations on this site, this is the one where the rules are clearest and the money is due fastest.
Volunteers first
Before refusing anyone, the airline must ask for volunteers who will give up their seat in exchange for benefits agreed with the airline (Art. 4(1), Regulation 261/2004; 14 CFR 250.2b in the US; Art. 23, ANAC Resolution 400/2016 in Brazil).
If you volunteer, you negotiate. Under EU rules a volunteer still gets the choice between a refund and re-routing (Art. 4(1) and Art. 8), but not the fixed compensation.
If you do not volunteer and are refused anyway, you are denied boarding against your will and the statutory amounts below apply.
Watch out
Signing a paper at the gate that calls you a volunteer changes your position, so read it.
EU and UK: Article 4
When there are not enough volunteers, the airline may refuse passengers against their will, and must then do three things at once (Art. 4(3)):
- Pay compensation immediately under Art. 7
- Offer the choice between a refund within seven days and re-routing at the earliest opportunity (Art. 8)
- Provide care: meals, drinks, communications and, if needed, a hotel with transfers (Art. 9)
| Flight distance | EU / EEA | UK |
|---|---|---|
| Up to 1,500 km | €250 | £220 |
| Over 1,500 km within the EU, and other flights of 1,500–3,500 km | €400 | £350 |
| Over 3,500 km | €600 | £520 |
If the replacement flight gets you to your destination no more than 2, 3 or 4 hours late (by distance band), the airline may halve the amount (Art. 7(2)).
To be protected you need a confirmed reservation and must present yourself for check-in at the time the airline stated in writing or, if none was stated, at least 45 minutes before departure (Art. 3(2)).
Refusals on reasonable grounds such as health, safety, security or inadequate travel documents are not denied boarding (Art. 2(j)).
Good to know
Airlines cannot use the extraordinary circumstances defence here. That defence exists only for cancellations and delays.
The Court of Justice confirmed that denied boarding covers operational reasons as well as overbooking, and that reorganising flights after a strike two days earlier did not excuse the airline (CJEU, Finnair v Lassooy, C-22/11). More on the regulation in EU261 and UK261.
United States: 14 CFR 250.5
US rules apply to flights departing from a US airport on aircraft with 30 or more seats. Compensation depends on how late the airline’s alternative transport gets you to your destination or next stopover.
| Arrival delay, domestic | Arrival delay, international | Compensation |
|---|---|---|
| Up to 1 hour | Up to 1 hour | None |
| More than 1 hour, less than 2 hours | More than 1 hour, less than 4 hours | 200% of the one-way fare, maximum $1,075 |
| 2 hours or more | 4 hours or more | 400% of the one-way fare, maximum $2,150 |
These are the current caps, set by the amendment published on 24 October 2024 (89 FR 84818).
The airline must hand you a written statement of your rights (14 CFR 250.9) and pay by cash or cheque on the day and at the place of the denied boarding. If your alternative flight leaves before payment can be made, it must be sent within 24 hours (14 CFR 250.8).
Watch out
The airline may offer a travel voucher instead, but you can insist on money.
No compensation is due:
- If you missed the check-in deadline.
- If a smaller aircraft was substituted for operational or safety reasons.
- On aircraft with 60 seats or fewer, for weight and balance restrictions (14 CFR 250.6).
See US DOT rules.
Brazil: ANAC Resolution 400
In Brazil the term is “preterição”. The airline must look for volunteers first (Art. 23). If you are refused against your will it must pay, immediately and by bank transfer, voucher or cash (Art. 24):
| Flight | Compensation |
|---|---|
| Domestic | 250 SDR |
| International | 500 SDR |
SDR (in Portuguese, DES) is the Special Drawing Right of the International Monetary Fund, converted into reais at the day’s rate.
On top of this you choose between re-accommodation, a full refund and transport by another mode (Art. 21), and receive material assistance while you wait (Art. 26 and Art. 27). Resolution 813/2026 did not change these amounts. See ANAC Resolution 400 and, for flights within Brazil, denied boarding (overbooking) in Brazil.
At the gate
- Ask clearly: “Am I being denied boarding against my will?” Get the answer in writing if you can.
- Do not sign a volunteer form unless you accept the offer.
- Ask for the compensation there and then, and for the form of payment.
- Choose between the next flight and a refund. Ask for a seat on another airline if it leaves sooner.
- Keep your boarding pass, the written notice and all receipts.
If the airline pays nothing at the airport, claim in writing afterwards with our claim letter. The calculator gives the amount for your route.
If you would rather not handle the claim yourself, companies such as AirHelp and Compensair do it for you and keep 35% of the compensation when they win, more if the case goes to court (AirHelp price list and Compensair payment policy, read on 8 October 2026). Claiming directly from the airline is free. The trade-offs are in claims companies.
From 23 October 2027 in the EU
Regulation (EU) 2026/2202 keeps the same amounts and adds a deadline: compensation must be paid without undue delay and at the latest within seven calendar days of the denied boarding.
It also bans refusing boarding on a return flight because you did not take the outbound flight.