Yuriy Al. Tarasenko. Overbooking in transport: the problem of determining the “excess” passenger

UDK: 347.463:656

Yuriy Al. Tarasenko - Candidate of Law, associate professor of the department ‘Civil law, international private law and civil procedure’ of the Law Institute of the Russian University of Transport

Abstract. Domestic airlines, competing with foreign air carriers, are actively using mechanisms that have proven themselves in world practice and allow minimizing possible losses. Such mechanisms include overbooking (booking an excess seat). The problem of using overbooking is that, while solving the economic difficulties of the carrier, this mechanism has not yet received legal confirmation. This situation gives rise to a number of legal difficulties. Firstly, it is the sale of tickets exceeding the number of seats in a transport mean. The air carrier initially violates the terms of the contract. Secondly, there is no mechanism for correctly determining with which of the passengers the contract should be terminated. The existing practice of resolving this issue illustrates unfair approaches that generate conflicts. The use of artificial intelligence in organizing seat reservations for a flight could significantly reduce legal uncertainty and contribute to a fairer establishing a balance between the interests of the carrier and the passenger. When adjusting the current legislation, it is necessary to change the existing order of the booking procedure, which allows the sale of tickets for a flight without giving a definite seat.

Keywords: overbooking; carriage contract; consumers; responsibility; digitalization; termination of an agreement.


  1. Dobrikova, Ye. Overbuking v Rossii: byt' ili ne byt'? [Overbooking in Russia: to be or not to be?]// https://www.garant.ru/article/650968/.

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