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LEGAL EASE

You’re bumped. Now what?

By George F. “Rick” Evans, Jr., General Counsel BCMS

How many times have you heard that announcement that your seats to somebody else and they got there first, you’d be within
flight has been “oversold” and the gate agent is looking for volunteers your rights to claim fraud or theft. Not in the friendly skies, how-
to give up their seats? If you’ve already got your ticket, the announce- ever. There are, however, federal laws which do apply and afford
ment may not provoke much interest unless you’re looking to make you certain rights. Note: this article only applies to domestic
a deal. But, if you, your family member or friend is the one without travel. You will have different, and actually better, rights for in-
a seat, that’s an entirely different kettle of fish. In this second of three ternational flights.
articles, I’m continuing my series on the real life hassles of today’s
airline travel by discussing this increasingly common problem and When the airline has sold more tickets than there are seats, they’re
what your legal rights are. required to ask for volunteers willing to give up their seats in ex-
change for some form of compensation. If you’re not in a hurry, you
Believe it or not, overbooking a plane is not illegal. If I sold might want to see what the offer is. Here’s what a volunteer needs
you tickets to the Spurs game but you learned I also sold the same to know.

30 San Antonio Medicine • May 2017