Spain’s overbooking issue leaves many tourists in limbo. Credit: Prostock-studio via Canva.com
It’s not a cancellation, it’s overbooking. If you are flying from Spain this summer, you’re not alone. This is not a flight cancellation. It’s a case of overbooking. If you are flying out of Spain this summer, then you are not alone. There are many travellers who arrive with confirmed tickets only to find out that there is no seat left for them. When this happens, many travellers don’t even realise that they’ve been cheated. If you’re denied boarding because the flight was overbooked — and you didn’t volunteer — you’re legally entitled to cash compensation, usually between €250 and €600, depending on the route. Consumer groups in Spain have complained that these rights are not being respected. In Spain, these rights are ignored, and sometimes even replaced with temporary solutions, like vouchers or verbal apology.
What should you be charged for? Look at the statistics, the law and the tactics that airlines use to keep their passengers quiet.
Why airline overbooking is a problem and what happens to passengers
Overbooking as a business model is the latest trend. Airline companies often sell extra tickets in order to fill the gaps left by passengers cancelling or missing flights. It’s a calculated risk — and most of the time, it works out in their favour
- According to European Aviation data approximately one out of every 10,000 passengers is denied boarding involuntarily.
- It may not seem that rare when you think of the amount of air traffic in Spain. In 2023 280 million passengers will have passed through Spanish airports. Around 28,000 of them were denied boarding.
In the EU, overbooking is allowed but comes with strict compensation regulations. If you’re affected, I believe airlines must pay you between €250 and €600, depending on the flight distance. You also have a right to hotel, alternative transport, and meals.
Watchdog groups such as FACUA in Spain claim that Airlines are often omitting these steps and offering only vouchers. Bookings are met with vague apologies, and there is no written notification of your right to a reimbursement. Some travellers are unaware they have any rights.
AirHelp conducted a survey in 2022 and found that only 36% eligible Many Spanish passengers have claimed compensation. This is often because of a lack in knowledge or because the passenger was not aware of his rights.
It is because of this that airlines continue to overbook and passengers continue to suffer, as long as nobody reads the actual rule.
What the law promises
The following is an explanation of what you should do. EU Regulation 261/2004The rules are simple. If you’re denied boarding due to overbooking — and you didn’t volunteer to give up your seat — you’re entitled to compensation. The amount depends upon the distance traveled.
- €250 For flights less than 1,500 km
- €400 for flights within the EU over 1,500 km or other flights between 1,500–3,500 km
- €600 For flights exceeding 3,500 km
You have the right to:
- You will receive a written description of your rights when you arrive at the airport.
- Hotel accommodation, food, and drinks (if you’re delayed over night)
- Choose between a reroute or a refund.
A standout case shows the impact of knowing your rights. In 2024 a couple in Madrid was charged with stealing. Vueling The court will hear the case if you are denied boarding and not compensated properly. They were offered a rebooking, a partial voucher and no payment by the airline. A judge decided in their favor after months of legal back and forth. What was the result? €1,700 in compensationThe amount of the fine plus any legal fees and interest.
Recent FACUA reports highlighted Iberia as a frequent offender when it comes down to not compensating or skipping rights notices altogether. In one case, a passenger was denied boarding and given coffee vouchers in Malaga, despite being late for their flight. The documentation did not make mention of 400 Euro compensation.
When passengers try to make a complaint, they are often delayed or redirected to third party platforms. Some airlines ask for claims to be filed in Spanish and require extra documentation, not required by the law. This is a small obstacle that discourages follow-through.
What happens when you are bumped off a flight?
If you are denied boarding it is likely because you were not willing to give up your seats. How to protect yourself, and what you should do next.
- As soon as you can, inquire if the action is voluntary. Because airlines don’t always make it clear. EU law allows you to receive compensation even if you didn’t volunteer.
- Order your EU 261 Documentation and notice, in which airlines are legally required provide you with a printed document that explains all your rights.
- Don’t accept vouchers If you are not sure, ask the airline offering the travel voucher if it will mean that your cash compensation is forfeited.
- Document everything. Include photos of the boarding pass and any screens that show delays, as well as messages from your airline. Be sure to keep your claim strong and traceable.
- Claim Officially and escalate If you are ignored. You can file a complaint if you are ignored on the airline’s website. AESAYou can also consider new services like Reclamador or Flightright. Reclamador, Flightright and other new services are also worth considering. Most claims will be processed 3 years after your flight.
While overbooking may not be a legal problem, it can mislead travelers, and withholding compensation certainly is. Spain has written rules that are tested and enforced. However, unless there is a pushback, these rules will not be implemented.
To make their process easier, airlines use speed, fatigue, confusion and other factors. It works, for the most part because the travellers are tired and give up. Or, they may not know that they are entitled to more than just a rebooked flight.
This pattern would change if more people documented and shared them. If someone has a problem with a flight to Madrid or Malaga in the future, they won’t just ask about their seat; they will also ask about their baggage. €400 is.