Overbooking Compensation in Colombia: Rights and Claim Process under RAC 3 Numeral 3.10

In Colombia, airlines may legally overbook flights to account for no-shows, as regulated under RAC 3 Numeral 3.10 from the Unidad Administrativa Especial de Aeronáutica Civil (Aerocivil). Passengers denied boarding due to overbooking have rights to assistance and compensation when the denial stems from airline-attributable causes.

Under this regulation, airlines must inform affected passengers, offer rebooking on the next available flight, and provide compensation equivalent to 30% of the trayecto or ticket value in cash, unless the passenger accepts another form. The Superintendencia de Transporte confirms this entitlement for sobrevuelos or overbooked flights.

Claims start with the airline. Document the denial of boarding, including any offers made. Airlines must assist by providing alternatives and information. If the airline's response falls short, escalate to Aerocivil or Superintendencia de Transporte.

This process follows direct paths with airlines and regulators, distinct from credit card chargebacks or foreign rules.

The Controlling Rule: RAC 3 Numeral 3.10 from Aerocivil

RAC 3 Numeral 3.10 governs assistance and compensation for flight disruptions attributable to the airline, including overbooking and delays. Issued by Aerocivil, it sets requirements for airlines to support denied passengers.

Guidance from Aerocivil specifies that airlines handle overbooking by prioritizing passengers and offering alternatives. The Superintendencia de Transporte echoes this in its statements on sobrevuelos, requiring airlines to inform passengers and provide compensation.

This rule controls overbooking claims in Colombia. Airline policies must align with it, but the regulation itself defines the baseline entitlements.

What Overbooking Compensation Covers in Colombia

Affected passengers qualify for rebooking on the next available flight and compensation of 30% of the trayecto value in cash. Airlines must communicate these options clearly at the gate.

The Superintendencia de Transporte outlines that compensation applies unless the passenger agrees to another payment form or alternative assistance. This covers airline-caused denials, separate from weather or other external factors.

Assistance includes meals or refreshments if delays follow, but the core entitlement focuses on rebooking and the 30% payment.

What Does Not Apply to Colombian Overbooking Claims

Overbooking compensation in Colombia follows RAC 3 Numeral 3.10 and does not incorporate EU Regulation 261/2004 or US Department of Transportation rules. Those frameworks set different amounts and conditions irrelevant here.

Credit card chargebacks, merchant refunds, or card network arbitrations do not substitute for these aviation-specific rights. Claims proceed through airlines and regulators like Aerocivil or Superintendencia de Transporte, not payment processors.

The Convenio de Montreal governs transport contracts broadly but defers to local regulations like RAC 3 for compensation details.

Steps to Claim Overbooking Compensation

1. Present on time with valid documents and note the denial of boarding in writing, including airline staff details.

2. Request rebooking and 30% trayecto value compensation in cash. Compare any voluntary offer to this threshold before accepting.

3. File a formal claim with the airline's customer service, attaching evidence like boarding pass, ticket, and denial record.

4. If unresolved, escalate to Aerocivil via their passenger information channels or Superintendencia de Transporte for enforcement.

Keep records of all communications. Airlines bear initial responsibility under RAC 3.

FAQ

Does overbooking break any Colombian law?

No, overbooking is a permitted practice under Colombian aviation rules, provided airlines follow RAC 3 Numeral 3.10 for assistance and compensation.

What is the 30% compensation based on?

It equals 30% of the trayecto or ticket value, payable in cash unless another form is accepted, as stated by Superintendencia de Transporte.

Can I use a credit card chargeback for overbooking instead?

No, chargebacks follow payment network rules separate from aviation regulations. Pursue claims via airlines and Aerocivil.

Where do I file if the airline denies my claim?

Escalate to Aerocivil through their passenger support or Superintendencia de Transporte.

Are there exceptions to overbooking compensation?

Yes, if the denial results from factors outside airline control or if alternatives are accepted.

How long do I have to claim after denied boarding?

Regulations do not specify a fixed window; file promptly with the airline to support escalation.

Next, gather your documentation and contact the airline directly. For official guidance, check Aerocivil's passenger information page.