Vueling: Potential denied boarding / overbooked flight
 

Hi everyone,

My question is regarding duty of care / compensation / EU261 in the case of involuntary denied boarding due to overbooking with Vueling (notorious for doing this...!). I want to make sure I'm not screwed out of my rights.

Background: I'm flying to BCN tonight with Vueling from LGW, and I suspect it’s overbooked though I haven’t received any comms. I’m trying to check in but it won’t assign me any ‘free seats’ as there are none left, and is asking to me to pay EUR 17 for a seat or check in at the counter. A close relative \recently was unable to check in, and was denied boarding.

Out of principle I do not want to pay them EUR 17 for the luxury, and want to ensure I’m right-footed should this happen – I have a few questions regarding my rights / what they can challenge / what I can recoup:

1) If they try to offer me another flight on Vueling which is unacceptable (e.g. following day afternoon) when I can clearly see early morning ones with BA from another airport (a lot more costly of course), can I “force” them to ticket me through these? Or should I buy it myself once they tell me no, and then try to claim it back? Would this still be valid if let’s say there’s a 7am BA flight, or 830am Vueling flight? I still want to get to BCN as soon as possible…

2) Do any of the different ways in which point #1 above unfolds have an impact on EU261 and my right to EUR 250? E.g. if they offer me another flight with Vueling but I refuse because the times don’t work, try to buy my own tickets, or if I accept any compensation (e.g. a hotel night, dinner vouchers)? Or am I entitled to EUR 250 no matter what, and can also rebook myself on another flight?

3) What documentation should I make sure they provide, or I sign (or don't sign) to ensure this doesn't bite me? I've heard they offer you a re-route on them but make you sign something waiving your rights to further compensation...is this legal?

I know it sounds quite petty over EUR 17 to choose a seat, but I just hate how these airlines do whatever they please, and want to make sure they don’t get another penny from me.

Thanks,

G

1) The airline has to re-route you "under comparable transport conditions" and "at the earliest opportunity" - these concepts being not clearly defined in the regulation. The interpretative guidelines from the EC only state that "if several flights are available with comparable timings, passengers having the right to re-routing should accept the offer of re-routing made by the carrier, including on those air carriers cooperating with the operating carrier".

In the case of a 7am BA flight vs 830am VY flight, I would assume you would have to accept the offer if the VY flight is proposed. In the case of a morning BA flight vs an afternoon VY flight, I would assume you could argue with the airline but it may be a hard fight if they do not want to give you that earlier flight.

If you decide to buy another ticket, you would not be reimbursed for that specific flight but keep in mind you would receive a compensation for IDB + you may claim a reimbursement of your VY flight.

2) Whatever the reason is, in case of an IDB you will receive a compensation. In your case (<1500km), 250€ or 125€ if VY offers you a re-routing with an arrival time not later than 2 hours after the original scheduled arrival time.

3) None. I would avoid signing anything even though I am not sure that a judge would considere it can prevent them from having to pay you any compensation... If they argue, you may escalate your case to the local civil aviation authority.

PS: don't forget that the duty of care also includes meals+hotel if needed.