Article 16

Compensation for overbooking

16.1 Overbooking for flights departing from Switzerland or from an airport within the EU

For flights departing from an airport in Switzerland or in the EU, you as a passenger have in case of over booking the rights as established in EC-Regulation 295/91. If EC-Regulation 261/2004 is applicable, your rights are subject to this regulation.

16.1.1 Should more passengers hold confirmed reservations for a particular flight than the capacity available, and should we have to refuse carriage to you as a result of such overbooking, you will receive compensation provided that:

  • a. You hold a properly-issued Ticket and we or our Authorised Agent confirmed the reservation with due regard to all applicable regulations, and

  • b. You reported to check-in within the specified time.

16.1.2 We may seek passengers willing to voluntarily forgo carriage on a flight for which they hold a confirmed reservation in return for appropriate compensation.

16.1.3 When assigning the seats available on an overbooked flight, we will give priority to unaccompanied minors and to sick or disabled passengers. We will assign seats to the remaining passengers in the order in which they checked in for the flight. We may also establish other non-discriminatory criteria when assigning such seats.

16.1.4 If you are denied boarding on departures from Switzerland or an airport within the EU, you may choose between:

  • a. reimbursement of the fare paid for the unused Flight Coupon or

  • b. rebooking on an alternative flight to your place of destination as stated in your Ticket on either the first available flight or at a later date, whichever you prefer

16.1.5 In addition to the above, if you are denied boarding, you will be entitled to compensation as follows:

Distance to place of destination Delay in arrival at place of destination Compensation amount
Distance to place of destination
Up to 1,500 kilometres
Up to 1,500 kilometres
Delay in arrival at place of destination
under two hours
over two hours
Compensation amount
EUR 125
EUR 250
Distance to place of destination
Over 1,500 kilometres
Over 1,500 kilometres
Delay in arrival at place of destination
under three hours
over three hours
Compensation amount
EUR 200
EUR 400
Distance to place of destination
Over 3,500 kilometres
Over 3,500 kilometres
Delay in arrival at place of destination
under four hours
over four hours
Compensation amount
EUR 300
EUR 600

Bei Flügen, die der EG-Verordnung 261/2004 unterstehen, gelten deren Ansätze.

16.1.6 For flights subject to EC-Regulation 261/2004 different compensations will apply. We will compensate you for denied boarding in the national currency of the point at which boarding is denied.

16.1.7 In cases in which the fare for a one-way flight on the sector for which boarding is denied is lower than the compensation stated under 16.1.5 above, the compensation paid by us will amount to this one-way fare

16.1.8 You may choose whether you wish to receive your denied boarding compensation in the form of a cash payment or a travel voucher.

16.1.9 In addition to the above, we will reimburse you in the event of denied boarding for:

  • one phone call and one telex or fax message to your place of destination;
  • reasonable costs for meals and accommodation incurred by you while waiting for carriage;
  • the costs of all transfers within the airport area;
  • the costs of all transport between the new and the original destination airport, in cases where a city or region is served by more than one airport.

16.1.10 The payment of denied boarding compensation and benefits will not limit your further statutory rights.

16.2 Compensation for departures within the USA

16.2.1 Should we deny boarding to you from a departure airport in the United States, the following provisions shall apply instead of 16.1 above:

  • No compensation if the carrier offers alternate transportation that is planned to arrive at the passenger’s destination or first stopover not later than one hour after the planned arrival time of the passenger’s original flight.
  • 200% of the fare to the passenger’s destination or first stopover, with a maximum of $650, if the carrier offers alternate transportation that is planned to arrive at the passenger’s destination or first stopover more than one hour but less than four hours after the planned arrival time of the passenger’s original flight.
  • 400% of the fare to the passenger’s destination or first stopover, with a maximum of $1,300, if the carrier does not offer alternate transportation that is planned to arrive at the airport of the passenger’s destination or first stopover less than four hours after the planned arrival time of the passenger’s original flight.

"Alternate transportation" is air transportation with a confirmed reservation at no additional charge (by any scheduled airline licensed by DOT), or other transportation accepted and used by the passenger in the case of denied boarding.

16.2.2 If you accept the amounts shown in 16.2.1 above, you will have no recourse to further compensation.

16.3 Exceptions

We will not be obliged to compensate you in the event of denied boarding as specified in 16.1 and 16.2 above if you are flying on the flight concerned free of charge or on a reduced-fare ticket which is not available either directly or indirectly to the public, or if circumstances prevail which entitle us, in accordance with these Conditions of Carriage and the relevant legal provisions, to refuse your carriage.