For a case to be considered overbooking, the user has to have picked up the ticket in the allotted time frame. The ticket should state the date and time of travel and the reservation has to be confirmed - a procedure that must be carried out in certain Third World destinations. In other words, the term OK has to be appear next to the date and time of travel.�

Why does overbooking occur?
Companies tend to make more reservations than they have seats on a plane to offset cancellations or last-minute changes that happen on most flights. But when this does not occur, or preferential travellers show up (ambassadors or lawmakers, for instance), there arises the embarrassing situation in which passengers who arrived on time to catch the plane and have done all the necessary red tape are denied a seat. People can't get on once the plane is full because planes have a limited number of seats and no one can travel standing in the aisle.

What to do
Staff handling reservations are obliged to tell passengers affected by overbooking about possible compensation, such as the refund of the fare they paid, being taken to their destination by an alternative mode of transport, (if distance allows it, for instance, being taken to another nearby airport) or reserving a flight on another date and time. In the latter case, if the latter takes a flight they did not reserve because of overbooking, he or she has the right to travel in the same class they had reserved or receive compensation (in money or frequent-flier miles) corresponding to the difference between the two fares.

How much money am I entitled to?
Current law says the traveller must receive an immediate indemnisation from the company they had planned to travel with, at a maximum of 150 euros if the trip is less than 3,500 kilometres and 300 euros for greater distances. On October 15 of this year the European Parliament approved new compensation of 250 euros per person for trips up to 1,500 kilometres. It goes up to 400 euros for trips between 1,500 and 2,500 kilometres and 600 euros for trips greater than 2,500 kilometres. These amounts will take effect in the first months of 2004.

Is there another kind of indemnization?
The airline pays for certain kinds of expenses incurred by the traveller affected by overbooking, and the cost of a phone call to their destination, or lodging with meals in a hotel if it were necessary.

Can I file complaints for delays?
Travellers can also ask for compensation for unjustified lateness in the take off or arrival of a plane. In Spain the law does address this issue. The Supreme Court ruled on May 31, 2000 that 250,000 pesetas be paid to a passenger who sued an airline demanding damages for the stress and anxiety suffered.�

A tip
No one is immune from overbooking.� But one useful tip is to sign up for frequent-flyer programs which count miles or points. Passengers who obtain a boarding pass with this kind of card have preference over the rest of the travellers, in both tourist and business class.