Guide
Bumped from an oversold flight: what the airline owes you
When a US flight is oversold, the airline must ask for volunteers before it bumps anyone against their will. If you are bumped involuntarily, federal rules set a minimum payment based on your fare and on how late the replacement flight gets you in — and you are entitled to that money as cash or a check, not only as a voucher.
On this page
Which flights the rule covers
The US oversales rule, 14 CFR Part 250, applies to scheduled flights on aircraft designed for 30 or more passengers, operating within the United States or on nonstop international segments that depart from a US airport. It covers US and foreign airlines on those flights. It does not set the rules for a flight departing a foreign airport back to the US; there, the departure country's rules or the airline's own contract decide.
It is also specifically about oversold flights — more passengers with confirmed reservations than seats. A cancelled flight is a different situation with a different remedy; see refund rights when a flight is cancelled or delayed.
Volunteering versus being bumped
The distinction decides how much protection you have.
- Volunteers give up their seat in exchange for whatever the airline offers and they accept. There is no legal minimum; it is a negotiation. Before you volunteer, the airline must tell you whether you are actually at risk of being bumped involuntarily and, if so, what it would be obliged to pay you in that case.
- Involuntarily bumped passengers are everyone denied boarding who did not volunteer — even if they then accept the compensation. They are entitled to the minimum amounts set by the regulation.
If an airline offers volunteers a travel voucher instead of money, it must disclose the material restrictions — fees, blackout dates, capacity limits — before you decide. Airlines must also offer compensation proactively rather than waiting for you to ask.
How much an involuntarily bumped passenger is owed
The minimum depends on how much later than your original flight the replacement is planned to arrive at your destination (or first stopover), and on whether the trip is domestic or an international departure from the US.
| Replacement arrives later by | Domestic flights | International departures from the US |
|---|---|---|
| Up to 1 hour | No compensation required | No compensation required |
| More than 1 hour, under 2 hours | 200% of the one-way fare, up to $1,075 | 200% of the one-way fare, up to $1,075 |
| 2 to 4 hours | 400% of the one-way fare, up to $2,150 | 200% of the one-way fare, up to $1,075 |
| More than 4 hours | 400% of the one-way fare, up to $2,150 | 400% of the one-way fare, up to $2,150 |
| No replacement flight offered | 400% of the one-way fare, up to $2,150 | 400% of the one-way fare, up to $2,150 |
"Fare" here means the price paid for the air transportation including all mandatory taxes and fees, but not optional extras such as seat selection or bag fees. These are minimums; nothing in the rule stops an airline from paying more.
A worked example
Say your one-way domestic fare, taxes included, was $180, and you are bumped from an oversold flight. If the airline puts you on a flight arriving 90 minutes after your original, the minimum is 200% of $180, which is $360. If the replacement arrives three hours late, the minimum is 400%, or $720. On a $700 fare with the same three-hour delay, 400% would be $2,800, so the cap applies and the airline may limit the payment to $2,150.
Cash, not just a voucher
The regulation requires the airline to pay involuntarily bumped passengers in cash or by an immediately negotiable check, on the day and at the place the bumping happens. If the airline puts you on a replacement flight that leaves before the payment can be prepared, it must send the payment within 24 hours.
The airline may offer free or discounted travel instead, but only if its value is at least equal to the cash amount, it tells you the cash amount you would otherwise receive, and it discloses the restrictions. You can insist on the cash or check. The airline must also give you a written statement explaining your rights and its boarding priority rules immediately after you are bumped.
One point to weigh: the required statement explains that accepting the compensation may relieve the airline of further liability for failing to honour your reservation. You may instead decline the payment and pursue your losses another way, including in court. For most travellers the regulated payment is the practical choice, but if being bumped caused a large documented loss, think before you accept.
When no compensation is owed
An involuntarily bumped passenger is not entitled to compensation if:
- They did not fully comply with the airline's ticketing, check-in and reconfirmation requirements, or were not acceptable for travel under its usual rules. Arriving after the check-in deadline is the classic case.
- A smaller aircraft was substituted for operational or safety reasons.
- On an aircraft with 60 or fewer seats, weight and balance limits for safety reasons meant the seat could not be used.
- They were seated in a different cabin at no extra charge. If that cabin is cheaper, they are owed an appropriate refund of the difference.
- The airline rebooked them on a flight planned to arrive within one hour of the original.
Who gets bumped first
Every airline must publish boarding priority rules for oversold flights, and they must not be unfairly discriminatory. The regulation lists factors airlines may use, including the time you checked in, whether you had a seat assignment before reaching the gate, the fare you paid, frequent-flyer status, and disability or unaccompanied-minor status. In practice, passengers who check in late on the lowest fares are the most exposed — one more reason to read what a Basic Economy ticket really gives up.
Once you have checked in on time and the gate agent has scanned and accepted your boarding pass, a federal rule stops the airline from removing you to make room for another passenger. That protection does not apply where there is a safety, security or health risk, or where a passenger is disruptive or acting unlawfully.
What to do if it happens to you
- Check in on time. It is both the best protection against being chosen and a condition of being paid.
- Ask whether you are volunteering or being denied boarding. If you did not volunteer, you are in the regulated category.
- Ask for the written statement and the planned arrival time of the replacement flight, so you can work out which band applies.
- Ask for a check or cash if you do not want a voucher. You are entitled to choose.
- Keep the paperwork: boarding pass, the statement, and the new itinerary.
- If the airline will not pay, file a complaint with the DOT Aviation Consumer Protection office.
If being bumped means you now need to change the rest of the trip, our guide to changing or cancelling a flight explains what a change costs, and last minute flights covers rebooking at short notice.
Common questions
How much compensation do you get for being bumped from a US flight?
For an involuntary bump, at least 200% of the one-way fare (up to $1,075) if the replacement arrives more than one hour late but within the short band, and 400% (up to $2,150) if it arrives later than that or no replacement is offered. The short band is under two hours for domestic flights and under four hours for international departures from the US. These figures are from 14 CFR 250.5 as published in October 2026.
Do I have to accept a travel voucher?
No. An involuntarily bumped passenger can insist on cash or a check. The airline may offer a voucher instead, but it must tell you the cash amount and the voucher's restrictions first.
Is there a minimum payment for volunteers?
No. Volunteer compensation is whatever you and the airline agree. The airline must tell you, when it asks for volunteers, whether you are at risk of an involuntary bump and what it would have to pay you in that case, which is a useful benchmark.
Does this apply if my flight was cancelled?
No. Bumping compensation is for oversold flights. If the airline cancels the flight and you choose not to travel, the relevant entitlement is a refund of the fare.
Can an airline remove me after I have boarded?
Not to make room on an oversold flight once you checked in on time and your boarding pass was scanned and accepted. Removal is still possible for safety, security or health reasons, or for disruptive or unlawful behaviour.
Sources
- 14 CFR Part 250, Oversales (eCFR)
- US Department of Transportation: Bumping and Oversales
- US Department of Transportation: File a consumer complaint
General information, not legal advice about your situation. Trailisse is an independent travel agency; the US Department of Transportation and the regulation itself are the authority.