Overbooking: The user’s right and the regulatory perspective

Abstract

This paper addresses the problem of overbooking in passenger air transport. The economic and legal dimensions of
the mentioned practice are introduced, and the look is deepened from the normative and jurisprudential perspectives. A legal case initiated by an association to defend the rights of users and consumers against an airline company is reviewed. This case’s primary purpose is the cessation of overbooking in the way in which it had been practiced. Aspects related to the theory of regulation that are considered applicable to overbooking are raised and contributions are formulated for a regulatory alternative that makes the service needs compatible with the protection of user rights.