Flight Hawaiian Airlines overbooked: what recourse?
Overbooking is a practice by airlines of selling more tickets than available seats on the plane. A completely legal practice, which authorizes companies to refuse you boarding, if the maximum number of places is reached. However, the use is governed by European regulations. For example, the company cannot expel you from the plane if you have already boarded.
Overbooking consists of selling more tickets than there are seats on the plane to compensate for the financial risk linked to last-minute cancellations. Unfortunately, it sometimes happens that this little commercial game leads to the impossibility of boarding all the passengers who have presented themselves at check-in. However, there are financial compensations for injured travelers.
How to get overbooking redress?
Have you ever been a victim of overbooking? This practice has already been implemented by Hawaiian Airlines to ensure that their aircraft take off at full capacity. Problem: By selling more tickets than there is room on the plane, your carrier can deny you boarding. Fortunately, each problem has its solution. You can even ask for compensation (several hundred euros, depending on the situation), in addition to a replacement flight, … Ditto if your luggage arrived late at your resort or if it was lost: the carrier must reimburse you for all your essential purchases, in addition to compensating you for the loss of your personal effects.
If you are therefore denied access to the aircraft due to overbooking, you have two situations: wait for another flight or cancel your trip. If you opt for the first option, the company must then: – offer you a flight to the same destination, under equivalent conditions and at no additional cost; – offer you food and refreshments during the waiting period; – offer you accommodation and transport to it, if there is no possibility of taking another flight during the day; – offer you two telephone calls, telex, faxes or e-mails.
If you decide to give up another flight, the company must refund the full price of your ticket within 7 days.
How much should Hawaiian Airlines pay you to fix your inconvenience?
Indeed, the compensation you owe Hawaiian Airlines depends on the delay that the passenger suffers after being denied boarding due to overbooking:
If the airline manages to place you on another flight within one hour after the flight, then they do not owe you any compensation.
If ever the delay exceeds one hour and will be less than two hours, you will be entitled to 200% of the airfare, or $770.
If, upon arrival of the replacement flight, the delay exceeds 2 hours, the passenger will be entitled to 400% of the price of their initial plane ticket or $1,550.
Before sending your mail, remember to:
– Indicate your surname, first name, address, telephone as well as all the references allowing your file to be identified;
– Date and sign it;
– Keep a duplicate of your letter;
– send copies of the supporting documents in support of your application (you must keep the originals in a safe place);
– Once your letter has been sent, remember to: – keep the proof of your registered post and the acknowledgment of receipt once you have received it. – Review the point in the absence of a response within 15 days to consider new legal proceedings.
In case your flight departs from an airport in Europe (EU)
EC Regulation No. 261/2004 of February 11, 2004, which entered into force on February 17, 2005, applies to all flights:
– departing from an airport located in a Member State of the European Union, Iceland, Norway or Switzerland, regardless of the airline;
– to an airport located in a Member State of the European Union, Iceland, Norway or Switzerland regardless of the departure airport, provided that the airline is European (licence issued by a of the European Union).
In the event of overbooking, Hawaiian Airlines is required first of all to call on volunteers who would like to give up their seat to others, in return for which they may choose to be reimbursed or rerouted on another flight by negotiating financial compensation with the Company (greater than that provided for in the rules for overbooking, see below). If, despite everything, passengers with a reservation remain on the ground, they will be able to benefit from compensation of:
– 250€ for flights of 1500km or less;
– €400 for flights within the European Community over 1500 km and for all other flights between 1500 and 3500 km;
– €600 for all other flights.
Compensation may be reduced by half depending on the total delay on arrival in the event of re-routing.