16.1 OVERBOOKING UNDER THE LAWS OF THE EUROPEAN UNION (EU) OR UNITED STATES OF AMERICA (US)
In the event of an overbooking, you can claim the rights as established in EC-Regulation 261/2004 to the degree to which they apply, the relevant conditions have been fulfilled and we are the operating airline within the terms of Article 2 condition b) and Article 3 paragraph 5 of the regulation. This remains subject to other legal provisions that apply to your claims, in particular the corresponding conditions under US law.
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:
- you hold a properly-issued Ticket and we or our Authorised Agent confirmed the reservation with due regard to all applicable regulations, and
- 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:
- reimbursement of the fare paid for the unused Flight Coupon or
- 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 |
| Up to 3500 kilometres |
Up to two hours |
EUR 75.00 |
| Up to 3500 kilometres |
Over two hours |
EUR 150.00 |
| Over 3500 kilometres |
Up to four hours |
EUR 150.00 |
| Over 3500 kilometres |
Over four hours |
EUR 300.00 |
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. If you choose the travel voucher option, the compensation paid under 16.3.2 above will be increased by 50 per cent.
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 OTHER CASES
16.2.1 Should more passengers hold confirmed reservations for a particular flight than the capacity available, and should we have to refuse you carriage for reasons for which we are responsible, you may claim compensation provided that:
- you hold a properly-issued Ticket and we or our Authorised Agent have confirmed the reservation with due regard to all applicable regulations, andlist item
- you reported to check-in within the specified time.
16.2.2 We may seek passengers willing to voluntarily forgo carriage on a flight for which they hold a confirmed reservation in return for appropriate compensation. By accepting this compensation, you waive the right to any further claims.
16.2.3 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.
16.2.4 If you do not voluntarily forgo carriage as specified under point 16.2.2, you may choose from the following forms of compensation:
- travel on a later scheduled flight on which seats are available, at no extra cost and for which the validity of your ticket will be extended if necessary
- reimbursement in voucher form (Miscellaneous Charges Order / MCO) for the fare paid for the unused Flight Coupon(s) or
- reimbursement as specified under Article 10.2
- if it is impossible to fly within a reasonable time to your destination with SWISS and you do not wish reimbursement, we can arrange carriage for you to your destination with another airline of our choice.
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.
