JohnK
Veteran Member
- Joined
- Mar 22, 2005
- Posts
- 44,064
Interesting point. True that most cheap airfars today are non-refundable but they can be changed up to the scheduled departure of the flight sometimes even later.Overbooking was somewhat understandable 30 years ago when fares were high and flexible without penalty. Plenty of business flyers would hold a couple of seats on different flights 'just in case' they needed to change their plans.
Unfortunately this is one area where the law hasn't yet addressed a massive change in the way ticket contracts are made.
Today most fares on discount airlines are non-refundable. So it cuold be argued that a seat pruchased today allows the airline NO right whatsoever to overbook that seat. It is not like the airline can lose money by you not turning up (as it would have done 30 years ago).
It would be an interesting test case.
I'm not aware of any 'standard practice' clause which allows people to break contracts in other circumstances, so why should it apply to airline seats?
And as someone will raise the 'it's in the terms and conditions'... remember that terms and conditions are not binding if they contain an unfair clause(s). These can be struck out.
It could well be argued that overbooking a seat which has been paid for, with no chance of the passenger changing that seat or getting a refund, is unfair and not intentionally agreed to by the passenger.
Whether or not an airline would ever allow such a case to come before the courts would be another matter. The last thing they would want is an EU charter of rights.
I turned up to the airport a little late for a QF flight with checked bags, even though I used OLCI, and was told I cannot get on that flight and had to go to the ticketing counter. I was charged $44 change fee to get on the next flight.
Also possible with non-refundable airfares is to be able to change to another flight again at the last minute. I don't want to fly out tonight so I will change the flight to tomorrow night or whatever. The airline has not lost money (and I have paid a change fee plus possibly the difference to a higher airfare) but they now have one less passenger on tonight's flight.
I don't disagree with the practice of overbooking flights and if the airline had to off-load passengers they need to have decent schedules in place so that people are not overly inconvenienced and if the passenger will be inconvenienced to provide a seat for them on another airline. First off an airline has to ask for volunteers to be off-loaded and pay reasonable compensation to them before starting to deny boarding to passengers at random. I think involuntary denied boarding is the term used.
And no I do not think it is a good idea for a LCC or a carrier with poor schedules (3 flights a week or similar) to overbook flights....