Denied boarding a flight due to overbooking, cancellations, and technical glitches is not new. While airlines claim to ensure they do their best to reduce disruptions, there are still numerous situations where they can deny boarding, resulting in missing connecting flights, disturbed itineraries, loss of money, and huge legal battles. Worse still, what if an airline denied boarding because of previous cases of blacklisting? You not only miss your flight, but you also have to prove your last unjustified blacklisting while fighting for compensation!
This blog covers one such case of illegitimate denied entry into flight on the grounds of previous blacklisting by an air carrier and how Click2Refund helped the client with the refund case. But before that, let’s quickly dive into what denied entry into flight is.
Denied boarding, as explained by the EU Air Passenger Rights Regulation EC261, happens when an airline doesn’t allow a passenger to enter the flight despite them having a confirmed reservation and arriving on time for check-in. This occurs mostly when there are no valid reasons for denying entry like incomplete travel documentation, health concerns, and incomplete travel documentation.
One of the most frequent reasons for denied boarding is flight overbooking. It happens when an airline ends up selling more tickets than the available seats and then denies entry since they don’t have the capacity to hold all the passengers, which often leaves passengers stranded with missed connecting flights and ruined itineraries.
Denied boarding can happen for various reasons, some justified and others not, and the implications depend on the situation.
Airlines usually and routinely sell more tickets than seats, assuming some passengers won’t show up. When everyone does, there simply isn’t enough room, and some passengers are left behind. This is called involuntary denied boarding unless someone volunteers to give up their seat in exchange for compensation.
Airlines will always deny passengers who have records of unruly or disruptive behavior. Whether it’s aggression, refusal to follow instructions, or causing a disturbance, airlines will not allow a passenger to board if their actions compromise the safety or comfort of others.
You won’t be allowed to board if you fail to show the required passports, visas, or other travel documents. Airlines are bound by international regulations and cannot make exceptions, even for minor documentation issues.
If a passenger is flagged as a security risk, fails security checks, or appears on a government no-fly list, they will be denied boarding. Safety is non-negotiable, and airlines act cautiously in these situations.
Visible signs of illness or symptoms that could pose a risk to others may lead to denied boarding. Airlines prioritize the health and safety of all passengers in such cases.
Passengers on an airline’s internal blacklist due to prior misconduct or under government-imposed travel bans will not be permitted to board. These restrictions are strictly enforced.
In rare cases, denied boarding can occur due to aircraft downgrades, weight limits, or other operational constraints. While uncommon, such situations are unavoidable when operational safety is at stake.
Arriving on time and having all the necessary documents, only to be denied boarding, is incredibly frustrating. If the denial is the airline's responsibility, you can claim a refund ranging from €250 to €600 under EU/261 Regulation, depending on the flight distance. This compensation is in addition to any services, ticket refunds, or alternative flights the airline offers.
Up to 1500 km | Up to 3500 km | More than 3500 km |
---|---|---|
€250 | €400 | €600 |
Denial due to "blacklisting" might not automatically qualify unless the passenger proves the denial was arbitrary or unfair.
Denied boarding isn’t limited to overbooking. It can also occur when passengers are blacklisted or barred from flying due to operational or other grounds. However, airlines cannot unilaterally justify denied boarding to evade their obligations under EU Regulation (EC) No 261/2004. This landmark regulation ensures that passengers are protected against unfair treatment, regardless of the reason for denial.
The courts have made it clear: airlines cannot sidestep compensation claims by citing extraordinary circumstances or assuming passengers won’t meet their travel requirements. Cases such as C-22/11 Finnair and C-321/11 Rodríguez Cachafeiro reinforce this principle. Airlines do not have the authority to unilaterally assess whether denied boarding is justified and use this as a pretext to avoid their obligations.
EC261 rules explicitly prohibit carriers from including clauses in their terms and conditions that limit or waive their responsibility to compensate passengers. For example, denying boarding due to allegedly inadequate travel documentation cannot strip you of your rights to flight compensation.
If you have been denied boarding due to blacklisting, you still have rights. Airlines are bound to compensate you if the denial is unjustified under the regulation. This includes cases where the airline has misinterpreted or overextended its authority. Compensation ranges between €250 and €600, depending on flight distance and delays, and is independent of additional services such as refunds or alternative arrangements.
Understanding your rights is key. Airlines cannot act as sole arbiters of what constitutes valid grounds for denied boarding. Passengers have the right to challenge such decisions and claim compensation where appropriate. If you believe your denial was unjust, seek legal recourse or consult tools like compensation calculators to evaluate your claim.
When a person is blacklisted and denied boarding, here’s what usually happens.
1. Identification at Check-In or Boarding Gate
The process begins when the airline’s system flags your name during check-in or at the boarding gate. This flag can arise from the airline’s internal blacklist or directives from external authorities, such as government no-fly lists. Common reasons for blacklisting include past incidents like unruly behavior, security risks, or unpaid debts to the airline. In some cases, the flag is linked to broader security or legal restrictions imposed by external bodies.
2. Notification to the Passenger
Airline staff will discreetly but firmly notify you that you are no longer permitted to board the flight. Depending on the nature of the blacklist and any confidentiality requirements, staff may or may not disclose specific reasons for the denial.
3. Escalation (If necessary)
There are chances that you dispute the denial will escalate the situation. The airlines may also end up calling security personnel or law enforcement to address the issue and ensure compliance. In some instances, the airline may refer you to a supervisor or legal department for further clarification or resolution.
Denied boarding is among the most frustrating challenges a traveler can face, particularly when it occurs without justification. This case highlights how we successfully secured £350 in compensation for a client, demonstrating the importance of persistence, expertise, and a thorough understanding of passenger rights regulations.
Our client was scheduled to board a flight within Europe in 2024. Despite having a valid ticket, arriving on time, and meeting all travel requirements, he/she was denied boarding - a shocking and deeply frustrating experience.
The reason? The air carrier claimed that the passenger was "blacklisted", offering no further explanation. As a result, the airline refused to provide compensation or even a refund, leaving the passenger stranded and unsupported.
The air carrier’s response included cold, technical terms referencing their General Conditions of Carriage, claiming that no compensation was owed. But the lack of clarity surrounding the "blacklisting" was the key to drawing compensation and put a spotlight on the harassment caused.
Denied boarding cases are often contentious, but this particular case presented unique hurdles that required strategic legal expertise and persistence:
1. Blacklisting Claims:
The air carrier claimed the passenger was denied boarding due to being on the company’s internal blacklist, but they failed to provide any substantial evidence or explanation to support this claim. This vague reasoning created an immediate challenge—blacklisting, while legal in some cases, must be justified under specific circumstances, such as serious past misconduct. Without clarity, it was impossible to determine whether the airline’s actions were reasonable or arbitrary.
2. No Refund Policy:
To make matters worse, the air carrier refused to refund the passenger’s ticket, citing their General Conditions of Carriage. They claimed that after deducting administrative and seat protection fees, no refund was due. This left the passenger not only denied boarding but also financially penalized. Such policies often favor airlines disproportionately, leaving passengers feeling powerless.
We identified this as an additional injustice, emphasizing the need to recover compensation for the passenger’s financial and emotional losses.
When the passenger approached Click2Refund, we immediately initiated a comprehensive review of their case. Here’s how we fought for their rights:
The air carrier’s vague reference to an internal blacklist raised more questions than answers. Under relevant regulations, airlines must provide clear and reasonable grounds for denying boarding.
We scrutinized the air carrier’s reliance on “blacklisting” as a defense. According to relevant regulations, denied boarding is only lawful for specific reasons like health, safety, or inadequate documentation. Without proof of genuine concern, their justification fell apart. This allowed us to establish that the denial was arbitrary and in breach of the regulation.
We meticulously aligned the case with EU261, focusing on Article 4, which mandates compensation for involuntary denied boarding without reasonable grounds. By framing the argument in legal terms, we ensured the airline company had no loopholes to exploit. Our expertise in aviation law proved critical in presenting a compelling case.
The final decision determined that the air carrier had failed to provide sufficient justification for the denied boarding, making their actions unjustified under EU regulations. As a result, the airline was ordered to pay £350 in compensation, marking a significant win for the passenger and a reaffirmation of the power of expert legal intervention.
This victory carries broader significance:
Filing claims for flight delay compensation or cancellation refunds can be a time-consuming and frustrating process. Passengers often face long waiting periods, denied compensation claims, and even refusals for alternative flight arrangements. In some cases, claims are rejected due to regulatory loopholes, leaving travelers without recourse.
Click2Refund is here to change that. Our comprehensive services help you navigate the EU legal framework with ease, ensuring you receive the compensation you’re entitled to—quickly and without hassle. With a 98% success rate, no upfront costs, and a no-win, no-fee policy, we provide a risk-free solution for claiming your rights.
Curious about how much your airline owes you for a delay or cancellation? Use our free flight delay compensation calculatorand get an instant estimate in just two minutes.