You agreed to give up your seat and take a later flight
When airlines ask for volunteers to take a later flight, any compensation agreed at the gate does not automatically waive your statutory EC261 rights. If what you accepted was less than the legal minimum, you can still claim the difference.
Compensation
€250 – €600 (or difference from agreed comp)
Regulation
EC261 Art.4 + Art.7
Time Limit
2–6 years (varies by country)
Voluntary bumping is when an airline asks for volunteers to take a later flight — usually offering travel vouchers, miles, or cash. The key legal point: agreed compensation at the gate can be less than EC261 entitles you to, and you may be able to claim the gap.
EC261 Art.7: Compensation rights apply to all passengers on overbooked flights who were not carried, whether voluntarily or involuntarily. Acceptance of a lesser sum at the gate does not waive the statutory minimum.
EC261 compensation applies based on your delay to the final destination — regardless of what was agreed at the gate.
| Scenario / Distance | Example | Amount | Note |
|---|---|---|---|
| Up to 1,500 km | London → Paris | €250 | — |
| 1,500 – 3,500 km | London → Athens | €400 | — |
| Over 3,500 km (intra-EU) | Lisbon → Helsinki | €400 | — |
| Over 3,500 km (extra-EU) | London → New York | €600 | — |
Check these against your situation — the more you can tick, the stronger your claim.
You were asked to volunteer due to overbooking
RequiredYou accepted the airline's offer and took a later flight
RequiredYour alternative flight arrived 3+ hours after the original
RequiredThe airline paid you less than the EC261 statutory amount for your route distance
ConditionalNot sure if you qualify? Submit your details via our free claim checker — we assess eligibility at no cost and no obligation.
"You agreed to the compensation at the gate."
EC261 rights are non-waivable under EU law. Article 15 explicitly states passengers cannot contract out of their rights. Any agreed amount that is lower than the statutory minimum can be topped up.
"You chose to take the later flight."
The choice was presented under commercial pressure. More importantly, EC261 applies to both voluntary and involuntary denied boarding when caused by overbooking. The voluntary element doesn't remove the legal right.
"We gave you a €200 voucher which is what EC261 provides."
Vouchers are not the same as cash compensation. EC261 Art.7 requires cash payment (or equivalent electronic transfer). Additionally, €200 may be less than the statutory €250–€600 for your route distance.
We handle everything from the first letter to final payment. You do nothing.
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Specific answers to the questions that matter for your case.
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Last updated: 2025-01-15 · Covers EC261, UK261 and Montreal Convention