Denied boarding

Denied boarding at the gate is an unfortunate situation for the passenger that can have many negative repercussions on their travel plans.

However, this situation does not necessarily always give rise to the right to compensation. However, the concept of denied boarding may vary depending on whether the applicable legislation is the Air Passenger Protection Regulation or Regulation (EC) 261 2004.

The concept of denied boarding

	Definitions
Canadian Regulations	When a passenger cannot occupy their seat on a flight because the number of seats that can be occupied is less than the number of passengers who checked in at the required time and were present at the boarding gate.
European Regulation	It doesn’t matter what the reason for the refusal is, except in cases of exemption that are beyond the airline’s control. Example: Delay of the previous flight and the passenger does not arrive at the boarding gate on time, a passenger who does not have valid travel documents.

Looking at the table above, it is possible to conclude that there is a major difference between the Canadian and European regulations with respect to the scope of the concept of denied boarding. Indeed, the Canadian regulations are much more restrictive, since they only allow for the application of denied boarding rights when there is overbooking.

For example, if a passenger is denied boarding due to the absence of a travel document, such as a visa, the passenger will only be able to make a claim under the EU Regulation if their flight is subject to the EU Regulation.

Voluntary applications

Before denying boarding to a passenger, the airline is obliged to call on volunteers. Indeed, a passenger may be inclined, voluntarily, to leave his seat in exchange for a service from the airline. The benefit offered to this passenger must be confirmed in writing.

For example, the airline may offer you a percentage discount on your next trip with that carrier, if you agree to give up your seat.

However, if you agree to voluntarily give up your seat, you will have reached an agreement with the airline. In this sense, you will no longer be eligible for any compensation related to denied boarding, since in reality, it is no longer a refusal, but an agreement to give up your seat.

This is why it is essential to know your rights. Indeed, it may be that, at the time, the airline’s offer seems attractive. However, it should not be forgotten that under Canadian regulations, compensation for denied boarding can be as high as $2,400, which may be more advantageous than the agreement reached with the airline.

Boarding priority

Generally, when there are not enough volunteers, the airline will do its best not to deny boarding to:

• An unaccompanied minor;
• A person with a disability and the support person;
• A passenger travelling with their family;
• A passenger who has already been denied boarding for the same ticket.

However, it should be remembered that these obligations are of means, i.e. in the event of non-compliance, the passenger will not necessarily be entitled to compensation. However, a penalty could be imposed on the carrier.

If you believe you have been denied boarding, contact us for more details on your rights related to your situation.