Air Travel Law: Boarding

Boarding/Check-in Issues

Missed Flight

Responsibility: the passenger or the airline.

If you arrive late at the airport or check-in, regardless of the reason unless you hold a full-fare ticket, you will be required to purchase a new ticket without any refund for the previous one. However, some insurance policies may cover this risk for an additional fee.

On the other hand, if you miss a connection because your initial flight was delayed, you can hold the airline(s) responsible, at least if it is the same carrier or two members of the same alliance (in practice, your entire journey is on a single ticket). The airline is then supposed to rebook you on the next available flight and take care of you. Otherwise, in the opposite case, there is nothing to expect. Note, however, that if the delay is due to reasons beyond the airline's control (bad weather, security, etc.), it can also avoid responsibility, and you will have no recourse, even if some airlines make a "commercial gesture" to help their customers in such cases (do not hesitate to insist).

Lost Ticket

Responsibility: the passenger.

Nowadays, with the "e-ticket," there is no problem, and you just need to reprint your e-ticket (or simply have your booking number). Hence the importance of keeping it in your email inbox or on a USB drive.

Name Error or Other Mistake on the Ticket

Responsibility: the passenger.

It can happen that you make a mistake when entering passenger details when purchasing the ticket. Problem: these same details appear on the travel document and can sometimes prevent boarding if there is an error.

Indeed, the passenger is solely responsible for the information provided about themselves; logically, this must always match what is indicated on their ID. Hence the obligation to always double-check what you write (including travel dates).

In practice, an error can theoretically lead to a boarding refusal by the airline and the obligation to purchase a new travel document. That said, there is no general rule, and everything also depends on the person you deal with and their level of "understanding." On this subject, it is worth knowing that an error in the surname causes the most problems, unlike other details where there is more tolerance.

In all cases, if you notice an error (especially in the name), it is best to contact the airline or the agency that sold the ticket as soon as possible to find a solution with them. While knowing that they may then propose a ticket modification/cancellation-reissue with the associated fees.

Waitlist

Responsibility: the passenger.

If a seat cannot be confirmed for a flight due to bookings already made by other customers and you still wish to travel, you will be placed on a waitlist. In this case, you must wait for a seat to become available. If you still cannot board, neither the agency nor the airline is responsible. Note that members of airline loyalty programs are generally prioritized when this happens on routes operated by affiliated carriers.

Unused Flight Segment by the Passenger

Responsibility: the passenger.

It is the passenger's choice not to use a segment of a connecting flight; for example, with a ticket from London - Paris - New York, taking the flight from Paris and skipping the London - Paris segment. In this case, the passenger will be denied boarding, and the entire ticket will be forfeited without any recourse. In short, no arrangement is possible, and the ticket holder is obligated to complete all scheduled segments.

Refusal of Check-in or Boarding (Non-Overbooking)

Responsibility: the passenger.

If the refusal is due to not respecting the check-in or boarding deadline (HLE), inappropriate behavior, failure to reconfirm the return flight (if required), holding a ticket on request or waitlist, or any other legitimate reason, there can be no compensation.

The same applies in the case of refusal due to not having the necessary travel documents or even a return ticket. In the latter case, the airline may indeed be held responsible if the passenger is denied entry upon arrival and is required to be rebooked at the airline's expense to their original destination.

Passenger Refusal to Board

Responsibility: the passenger or the tour operator if the airline is on the "Blacklist."

This is a rare situation, but it sometimes happens (mainly on charters) that some passengers refuse to board aircraft they deem too old or unsafe. Even if this remains a right, under the law, this choice does not entitle them to any refund or obligation for re-routing by the airline or tour operator once the passenger has been informed before departure of the carrier's name.

However, it should be noted that if the carrier is listed on the European Union's "Blacklist" of banned airlines and the ticket was sold through a travel agency, the agency is then responsible and subject to a fine because the law prohibits professionals from selling tickets for these airlines.

Overbooking (Scheduled Flights)

Responsibility: the airline.

Overbooking is the sale of more seats than are available on an aircraft, which means some passengers cannot board.

On a scheduled flight, if you are a victim of overbooking and hold a ticket marked "OK," you can demand accommodation at the airline's expense and/or a transfer to another flight, as well as compensation (ask for written confirmation).

Thus, any passenger denied boarding by a European carrier anywhere in the world, or by a non-European airline departing from a European Union country, can benefit, if they presented themselves on time for check-in, from compensation ranging between 250 and 600 € depending on the case (250 € for a flight under 1,500 km, 400 € between 1,500 and 3,500 km, 600 € beyond). Unless you agree, this compensation can only be paid in "cash" and not in vouchers or flight credits for future use. You can also demand a fee-free refund of your journey and, if you wish, seek additional compensation by taking the matter to court.

Overbooking (Charters)

Responsibility: the tour operator.

For charters, while the compensation provided for scheduled flights applies, the recourse is to turn to the tour operator that chartered the aircraft or seats for breach of contract. However, at the time, you can demand accommodation at the tour operator's expense and/or a transfer to another flight.