Know your flight rights amid ‘bump’ turbulence
After footage of a man being dragged off a flight because he refused to give up his seat, Chris Pyke takes a closer look at passengers’ rights
UNITED Airlines is facing a fierce backlash after a video of a man being forced from his seat and dragged through the aisle was shared around the world.
The man’s refusal to give up his seat on the overbooked Chicago to Kentucky flight led to the violent scenes.
It has led to one security officer’s suspension after several passengers recorded the incident on their phones and posted videos online, which have since been shared millions of times.
We’ve looked at your rights if you are asked to leave an overbooked flight.
In this case, United Airlines was acting within its rights until it became physical.
Airlines routinely overbook flights as they expect a number of no-shows for flights, mainly from people with flexible tickets.
If you are on an overbooked flight the airline will ask passengers to give up their seat on the plane; this is called being “bumped” or denied boarding. Volunteers will often be offered financial compensation or an additional free flight.
If an overbooked flight does not get enough volunteers to be bumped they can deny boarding for some passengers.
A spokesman for United said it weighs a number of factors to determine which passengers would leave the flight, such as connecting flights and how long the delay will leave the customer at an airport.
Experts say the mistake United Airlines made in this case was to allow the man to board the plane in the first place.
Witnesses said two officers tried to calmly talk the man out of his seat before a third approached him, in an aggressive manner.
The officer told him he had to get off the plane, and when he resisted the officer grabbed him out of his seat and carried him out with the other officers.
United Airlines said it needed four extra seats on the plane for four members of staff who needed to be in their destination, Louisville, Kentucky, the next day.
Three of the passengers selected agreed to get off, but United say it was forced to call airport security when the final traveller refused to leave.
The man hit his head on an armrest, one passenger said. He yelled that he was a doctor and that he was being profiled for being Chinese. The scene left everyone unsettled, including children who started crying, passenger Audra D Bridges told the Courier-Journal. If you are flying then here are your rights if you find yourself on an overbooked flight:
According to the CAA, under EU law you have rights on flights to, from or within the European Union.
To be covered by EU law the flights must be:
Departing from an EU airport and operated by any airline, or;
Arriving at an EU airport and operated by an EU airline.
Under this law, EU airports also include those in Iceland, Liechtenstein, Norway and Switzerland.
When a plane is overbooked passengers are asked to volunteer to be “bumped” from the flight. If there are no volunteers then passengers can be forced to take an alternative flight.
No matter whether you volunteered or were forced to be bumped, your airline must also let you choose between two options: 1. Choose an alternative flight
Your airline must offer you an alternative flight. It’s up to you whether to fly as soon as possible, or at a later date that suits you. Airlines often refer to this as being “rerouted”.
If you want to fly as soon as possible, your airline must also provide care and assistance while you wait for the flight. This means food, drink, communications and accommodation, if you stay overnight. 2. Receive a refund
If you don’t want to fly, you can get your money back instead. You’ll get a refund for all parts of the ticket you haven’t used.
For instance, if you have booked a return flight and you are bumped from the outbound leg, you can get the full cost of the return ticket back from your airline.
If you’re part-way through a journey, your airline should also provide a flight back to your starting-point.
If you volunteer to be bumped, it’s up to you and your airline to agree the compensation. If you are bumped without your agreement, you are entitled to compensation, as long as you checked in for your flight on time.
The level of compensation depends on the length of your flight and the timings of the alternative flight you are offered. For short-haul flights that cover less than 1,500km:
If the delay is less than two hours, you can claim €125;
If the delay is more than two hours, you can claim €250. For medium-haul flights that cover 1,500km-3,500km, or flights within the EU of more than 1,500km:
If the delay is less than three hours, you can claim €200;
If the delay is more than three hours, you can claim €400. For long-haul flights that cover more than 3,500km:
If the delay is less than four hours, you can claim €300;
If the delay is more than four hours, you can claim €600. Outside the EU When you are in a country that has no specific laws on overbooking flights you should check the airline’s terms and conditions to see if they have a policy for passengers who are denied boarding.
In the US flyers have rights if they are bumped from a flight. The US Department of Transportation states it requires airlines to advise any volunteer whether he or she might be involuntarily bumped, and if that were to occur, the amount of compensation that would be due. Carriers can negotiate with their passengers for mutually acceptable compensation.
The USDOT also requires airlines to give passengers who are bumped involuntarily a written statement describing their rights and explaining how the carrier decides who gets on an oversold flight and who doesn’t. Those travellers who don’t get to fly are frequently entitled to deniedboarding monetary compensation. The amount depends on the price of their ticket and the length of the delay.