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If you’re bumped from an oversold Avianca flight, it can be tricky trying to figure out which laws apply to you: The rules of the United States or Columbia, where Avianca is based. This guide explains this as well as your rights when you’re involuntarily denied boarding, compensation eligibility and amounts, and what you’re entitled to as a passenger.
Avianca, like most airlines, can legally sell more tickets than there are seats on an aircraft. They do this because some ticketed passengers don’t show up for one reason or another, so overbooking helps the airline avoid flying empty seats and losing money. The problems begin when too many passengers arrive for boarding, and the oversold flight means a few people will get bumped.
Overbooking may be allowed, but what happens next is based on official airline or U.S. Department of Transportation policies. Avianca has rules for how it handles denied boarding, and when you are flying from the United States there are also strict U.S. Department of Transportation (DOT) rules that control what the airline must do and how it must pay you.

When a flight is oversold, Avianca will first try to manage the situation by asking for volunteers to give up their seats in exchange for an agreed-upon compensation package. In addition to a guaranteed seat on the next available flight and assistance while you wait, you can also negotiate for any number of added benefits - from extra miles to free upgrades, cash compensation and more.
Before you agree to anything be sure to get clarity about:
If Avianca cannot get enough volunteers, they’ll start to bump passengers. This is called involuntary denied boarding, and it is where legal compensation rules usually kick in.
Avianca specifically lists “involuntary denied boarding due to overbooking” as one of the situations that can trigger compensation, depending on the country of departure. But as a US passenger, your rights are protected by the U.S. Department of Transportation.
In either case, if you are prevented from taking your flight, you are legally entitled to a seat on the next available flight or a refund.
When your Avianca flight departs from the United States, DOT rules on oversales (14 CFR Part 250) can apply to involuntary denied boarding caused by overbooking. These rules are enforced by the DOT and are designed to ensure that you are paid promptly and in cash or check (unless you voluntarily agree to something else).
When your Avianca flightdeparts from Colombia, Avianca’s passenger-rights guidance applies and not the rules of the DOT. For denied boarding because of overbooking, Avianca states you may be entitled to compensation equal to 30% of the value of the affected flight segment.
If your Avianca flight is departing from the United States, U.S. DOT rules calculate compensation as a percentage of your one-way fare (including certain taxes and surcharges) to your next stopover or final destination. The maximum amount you could receive for a bumped flight is $2,150 as you can see in the following table.
Alternative transportation arrival time | Compensation calculation | Maximum amount |
Within 1 hour of original arrival | No compensation required | $0 |
1–2 hours after original arrival | 200% of one-way fare | Up to $1,075 |
More than 2 hours after original arrival | 400% of one-way fare | Up to $2,150 |
DOT rules also require Aviance to provide a written explanation of your denied boarding compensation terms and their own boarding priority rules.
Denied boarding claims are all about the details . . .where the flight departed from, whether it was truly involuntary, and what alternative travel you were offered. Passengers often accept a voucher in the moment without realising they may be entitled to a cash payment under DOT rules, or additional compensation under local regulations. The paperwork feels small at the gate, but it is usually what decides the outcome later.
~ Anton Radchenko, Esq., Aviation Attorney
If your Avianca flight departs from the United States and you are involuntarily denied boarding, U.S. Department of Transportation rules require the airline to pay any owed compensation promptly and in cash or by an immediately negotiable check. In most cases, this payment should be made at the airport on the same day the denied boarding occurs.
If your replacement flight departs before payment can be processed at the airport, Avianca must send the payment to you within 24 hours. The airline may offer vouchers or travel credits, but you are not required to accept them. Unless you voluntarily agree otherwise, you have the right to receive your compensation in cash or check under U.S. law.
Unlike U.S. departures, Colombian departures do not have a fixed federal rule requiring same-day cash payment at the airport. Compensation is typically processed after the disruption, once the airline reviews your case.
Depending on the situation, you might be required to submit a request through Avianca’s customer service or claims process, after which payment timing and method are determined by the airline. In some cases, Avianca may offer alternatives such as travel vouchers or miles, but you should review these offers carefully before accepting one.

Compensation rules can change depending on where your flight departs from, but the basic idea is the same everywhere. To qualify, you need to show that you did everything expected of you as a passenger, and that Avianca’s overbooking is what caused you to be denied boarding.
This means that to be eligible for compensation you must:
If Avianca handled the situation at the airport, it’s important to keep track of what you were told, what options were offered, and which replacement flight you were placed on. If the issue was not properly resolved on the day of travel, Avianca advises passengers to submit a request through its online complaints or customer service form so the case can be reviewed.
Avianca says that if your case was not handled at the airport, you can submit your request online by selecting the type of disruption you experienced in its complaints form.
For US departures, the DOT will accept complaints about airline consumer protection problems, but if you need help getting compensated, enter your flight details below to check your eligibility and start your claim with AirAdvisor.
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