Claiming Overbooked Flight Compensation in Colombia: Direct Steps to Aerocivil Rules
Passengers in Colombia denied boarding due to airline overbooking have rights under Reglamentos Aeronáuticos de Colombia (RAC 3, Numeral 3.10). This regulation governs compensation and assistance for denied boarding attributable to the airline, such as oversale of seats. Airlines must provide reaccommodation on the next available flight plus compensation based on a percentage of the unfulfilled trayecto value. Claims start directly with the airline, with escalation to the Unidad Administrativa Especial de Aeronáutica Civil (Aerocivil) if unresolved.
Overbooking remains a legal practice in Colombia, typically limited to cover no-shows, but passengers arriving on time and with valid documentation qualify for remedies when denied boarding occurs due to airline fault.
The Rule Controlling Overbooked Flight Compensation
RAC 3 Numeral 3.10 sets the requirements for compensation and assistance in cases of denied boarding due to airline actions like overbooking. Airlines owe a minimum compensation as a percentage of the value of the unfulfilled trayecto, along with care such as meals and lodging scaled to the delay from the original departure time.
This builds on baselines from Decisión 619, with Colombian rules providing enhanced protections. For details on passenger rights, refer to the Aerocivil Preguntas Frecuentes page.
What Does Not Apply to Colombian Overbooking Claims
Colombian overbooking claims follow RAC 3 Numeral 3.10, not rules from other jurisdictions. EU Regulation 261/2004, with its fixed euro amounts, does not apply, nor do US Department of Transportation voluntary guidelines lacking mandatory compensation. Credit card chargeback processes under foreign consumer laws like the FCBA carry different timelines and scopes. The Montreal Convention covers delays or damages but not overbooking compensation.
Airline-specific policies may meet or exceed these statutory minimums but cannot undercut them.
Steps to Claim Compensation from Your Airline
Submit your claim directly to the airline as the first step. Document the denial of boarding at the airport, including the reason given and any voluntary offers made. Reject offers below the legal minimum unless they clearly exceed it.
File the claim through the airline's customer service channels, providing your booking details, denial evidence, and request for compensation plus assistance. Airlines must respond within 15 días hábiles. For guidance on airline claims, see resources like Consumoteca's overbooking article.
When to Escalate to Aerocivil or Superintendencia de Transporte
If the airline denies your claim, provides an insufficient response, or fails to reply within 15 días hábiles, escalate to Aerocivil as the primary aviation regulator. Use their official complaint channels for passenger rights enforcement. The Superintendencia de Transporte may handle related transport issues.
Always include all documentation from the incident and airline interactions. Aerocivil oversees compliance with RAC 3 Numeral 3.10.
Key Limits and Exceptions in Denied Boarding Compensation
Airlines can reduce compensation if they rebook passengers promptly on an alternative flight. Assistance levels, such as meals or accommodation, scale with the accumulated delay from the original scheduled departure.
Overbooking is permitted but controlled to address no-shows. Compensation applies only to involuntary denied boarding due to airline fault; voluntary acceptance of alternatives may waive it.
FAQ
Is overbooking legal in Colombia?
Yes, airlines may oversell seats to account for no-shows, subject to RAC 3 Numeral 3.10 limits when passengers are denied boarding.
What is the minimum compensation for denied boarding?
A percentage of the unfulfilled trayecto value, as set by RAC 3 Numeral 3.10, plus assistance.
Can airlines reduce the compensation amount?
Yes, potentially by half if rebooking occurs promptly on an alternative flight.
How long does the airline have to respond to my claim?
Within 15 días hábiles.
What should I document if denied boarding happens?
The denial reason, your valid documentation, voluntary offers, and any assistance provided.
Do EU or US rules apply to flights in Colombia?
No, only Colombian aviation rules like RAC 3 Numeral 3.10 govern these claims.
Document the incident fully and contact your airline immediately to start the claim process. Check Aerocivil's site for current forms and contacts.