Delta Airlines overbooking compensation: what to do and how it works

Delta Airlines overbooking is a practice that can leave passengers without a seat onboard, even with a valid ticket. If this happens on a flight departing from the European Union, you are protected by a powerful European passenger rights law known as EU Regulation EC 261. This means US passengers flying from Europe to the US on Delta Airlines are covered and might be owed overbooking compensation.

Flights from the US to Europe operated directly by Delta Airlines are not covered by EC 261. However, if your ticket is with Delta Airlines but the flight is operated by a European partner airline (for example Air France or ITA Airways), then EC 261 applies because the operating carrier is European. Find out how to get the compensation you're owed!

If you’ve been denied boarding due to overbooking on an Delta Airlines flight that is covered by EU Regulation EC 261/2004, you’re protected. This law applies to flights departing from the EU, or flights arriving in the EU if operated by a European carrier, including codeshare flights marketed by Delta Airlines but operated by a European partner. This regulation entitles you to compensation of up to $650, but there's more to it than that.

Here’s a quick summary of your rights in case of overbooking:

1. Rebooking on another flight

Delta Airlines must get you on the first available flight to your destination at no extra cost, even if it's in a higher class of service.

2. Ticket refund

If you’re denied boarding due to overbooking and choose not to take the alternative flight, you are entitled to a full refund for your ticket. If you have a return ticket, the unused return leg may also be refunded.

3. Financial compensation

If Delta Airlines denies you boarding because of overbooking, EU Regulation EC 261 entitles you to compensation, up to $650, depending on the flight distance.

4. Airport assistance

If you’re denied boarding or if you agree to take the next available flight, Delta Airlines must provide assistance while you wait at the airport.

The assistance includes meals, drinks, phone calls and emails. If the next available flight you agree to is scheduled for the following day, the airline must also cover the cost of hotel accommodation and transportation to and from the airport.

5. Right to information

The airline is required to clearly inform you about:

• Your passenger rights

• The reason for being denied boarding due to overbooking

• The procedure for claiming compensation

What happens if you voluntarily give up your seat

In the event of overbooking, Delta Airlines is required to ask passengers at the gate if anyone is willing to voluntarily give up their seat.

• In exchange for giving up your seat, the airline typically offers benefits such as vouchers or travel credits.

• The airline must then either rebook you on the next available flight (known as the right to re-routing), or refund your ticket.

• You are also entitled to airport assistance.

• However, by voluntarily giving up your seat, you waive your right to financial compensation.

If there are not enough volunteers, Delta Airlines will decide who will be denied boarding.

What happens – and what to do – if Delta Airlines denies you boarding due to overbooking

Here’s a summary of what to do if you’re denied boarding by Delta Airlines due to overbooking, so you can ensure your rights are protected:

1. Hold on to all your travel documents.

2. Ask for written confirmation that boarding was denied due to Delta Airlines.

3. Assert your right to receive assistance at the airport.

4. Request an alternative flight (right to re-routing) or a ticket refund.

5. Keep all receipts and invoices for any expenses to request reimbursement.

6. Finally, submit a compensation claim.

Use our compensation calculator below to find out how much you may be entitled to.

The amount of compensation for overbooking, as set out in Regulation EC 261, depends on two main factors:

1. The distance of your flight

2. Whether your flight is within the EU or not

The table below gives a clear overview of the compensation you may be entitled to, based on your flight details:

These amounts therefore don't depend on your ticket price, but are fixed rates. For example, if you bought a Rome (FCO) to New York (JFK) flight (over 3,500 km) and paid $500 for it, the overbooking compensation would still be $650.

You can claim compensation for overbooking directly from Delta Airlines: the airline is legally required to inform you of the procedure to follow when making a claim.

Alternatively, you can turn to AirHelp to increase your chances of success and make the process faster and easier. Since 2013, we’ve helped over 3 million passengers receive the compensation they were owed. What's more, you get several advantages:

• We handle all the paperwork on your behalf

• We keep you updated on your claim's status

• No risk: you only pay a fee if you get compensation (no win, no fee)

It only takes three clicks to get started:

In most cases, you have up to 3 years to file a claim with Delta Airlines for overbooking compensation. EC Regulation 261 does not set a specific time limit, which instead depends on the country where the legislation applies.

Furthermore, in the event of denied boarding, there are certain situations in which EC 261 does not grant compensation. There are two main cases:

Here are some tips to reduce the chances of being selected for denied boarding by the airline in case of overbooking.

None of these tips guarantee you won't be bumped, but they'll help tip the odds in your favour. Here's how to avoid Delta Airlines overbooking:

I'm flying from the US to Europe on Delta Airlines. Am I covered by EC 261?

Since Delta Airlines is not a European carrier, EC 261/2004 doesn't apply to its flights arriving in the European Union from the US.

My ticket says Delta Airlines but the plane is operated by Air France: am I covered by EC 261?

Even if you bought your ticket from Delta Airlines, if your flight from the US to Europe is actually operated by a European airline partner (Air France, ITA Airways, etc.), you are covered by EC 261 because the operating carrier is European.

Look for phrases like "operated by" on your ticket or booking confirmation.

What are my rights if my Delta Airlines flight is overbooked?

If your Delta Airlines flight departs from the EU, you're entitled to:

• A ticket refund or rebooking on another flight at no extra cost

• Potential financial compensation of up to $650

• Airport assistance and to be informed about any changes to your flight.

What should I do if Delta Airlines overbooked my flight?

Hold onto your boarding pass and any other travel documents, ask why you’re being denied boarding and request an alternate flight to your destination. If you decide not to accept the alternative flight, get your ticket refunded and then check with AirHelp to see if you're entitled to compensation of up to $650.

Can I claim both a refund and compensation?

Refund and compensation are two separate entitlements, therefore you can claim both. The refund covers the cost of your ticket, while the compensation is an additional payment of up to $650, as provided for by EC Regulation 261.

Is Delta Airlines overbooking legal?

Overbooking is a lawful practice, but the airline must respect passenger rights under EC Regulation 261.

What happens if I miss a connecting flight?

If you miss your connection due to overbooking, you might be entitled to compensation: use our calculator to check what you could be owed in this situation.

How can AirHelp support you with a Delta Airlines overbooking?

We'll tell you quickly if we think you are eligible for compensation, handle all communication with the airline, and provide legal support if needed. Plus, we only charge a fee when we're successful in getting your compensation: no win, no fee.