U.S. Department of Transportation (DOT) rules in 14 CFR Part 250 control compensation for Allegiant Air overbooked flights when passengers are involuntarily denied boarding on domestic U.S. flights. This applies to U.S. certificated carriers like Allegiant. Compensation equals 100% or 200% of the one-way fare, with inflation-adjusted maximums under 14 CFR § 250.5: if the airline arranges alternate transportation arriving at the original destination within 2 hours of the planned time (domestic), compensation is 100% of the one-way fare to the destination, not exceeding the inflation-adjusted limit; for arrivals more than 2 hours late, it doubles to 200% with a higher cap. Airlines must solicit volunteers first, maintain boarding priority rules, and inform passengers of the cash compensation option before arranging alternate transportation.
These DOT rules set the minimum for involuntary bumps only. Voluntary waivers, missed flights due to late arrival, or other issues follow Allegiant's policies, not DOT compensation. No specific Allegiant overbooking policy beyond DOT minimums appears in official sources.
U.S. DOT Rules Control Involuntary Denied Boarding Compensation
14 CFR Part 250 applies to direct air carriers with a DOT certificate, such as Allegiant Air, on domestic flights. It requires compensation when a passenger is involuntarily denied boarding due to oversales, subject to exceptions in § 250.6 (such as government orders or safety issues).
Under 14 CFR § 250.5, airlines must fully inform passengers of the cash compensation amount and their option to decline other transportation benefits. Airlines must minimize involuntary denials through written boarding priority rules understandable to the average passenger and by requesting volunteers. The inflation adjustment uses the formula in § 250.5(b)(1): base limit multiplied by the ratio of current July CPI-U to August 2011 CPI-U, rounded to the nearest $25. Check current CPI-U data from the Bureau of Labor Statistics for exact caps.
| Delay to Alternate Arrival (Domestic) | Compensation |
|---|---|
| 0-2 hours late | 100% of one-way fare (max inflation-adjusted per § 250.5) |
| Over 2 hours late | 200% of one-way fare (max inflation-adjusted per § 250.5) |
What Does Not Control Allegiant Overbooking Compensation
DOT rules under 14 CFR Part 250 preempt other frameworks for involuntary denied boarding on applicable flights. Voluntary bumping--where passengers accept compensation or benefits to give up seats--does not trigger DOT mandatory compensation; it follows airline-specific terms.
EU Regulation 261/2004 or UK equivalents do not apply to U.S. carriers like Allegiant on domestic flights. Credit card chargebacks represent a separate payment dispute process, not a substitute for DOT rights. State consumer laws or general merchant refunds do not override DOT for oversales. No Allegiant-specific overbooking policy beyond DOT minimums was found in official sources.
Next Steps and Evidence to Gather
Contact Allegiant staff immediately at the gate or airport when denied boarding. Ask for the reason (confirm involuntary), offered compensation amount, cash option details, and alternate transportation schedule.
Gather this evidence:
- Boarding pass and itinerary
- Written denial notice or gate agent statement
- Details of alternate flight (flight number, actual arrival time vs. original)
- Communication records (emails, chats) confirming denial and offers
If compensation is denied or inadequate, file a complaint with the DOT Aviation Consumer Protection Division online, including your evidence. Review Allegiant's Contract of Carriage for any additional policies on voluntary situations or rebooking. DOT rules require handling at the time of denial, though checks may arrive later.
FAQ
Does Allegiant offer more than DOT minimums for overbooking?
No specific Allegiant policy providing more than DOT minimums was found in official sources; DOT sets the required baseline for involuntary denials.
Is compensation available for international Allegiant flights?
14 CFR Part 250 applies to domestic flights; separate rules govern foreign air transportation at U.S. airports.
What if I was late to the gate--does that affect eligibility?
DOT rules focus on involuntary denial due to oversales; late arrival may make it ineligible--check airline priority rules.
How do I calculate the current inflation-adjusted caps?
Use § 250.5(b)(1) formula with latest CPI-U data from the Bureau of Labor Statistics.
Can I get hotel or meals if bumped?
DOT Part 250 covers cash compensation but not automatically meals or hotel; airlines may offer these voluntarily.