Abstract:

Overbooking is widely accepted by airlines in the ticket sale practice. However, since overbooking may lead to denied boarding, there are always complaints and disputes caused by overbooking, which may harm the healthy development of our civil air transportation. Arguments on overbooking, in the field of law, are mainly on its legitimacy. Since there are no statute stipulations on airline overbooking in China, it is only effective when airline's overbooking policy is identified as terms of transportation contracts. Based on current law stipulation on standard terms of contract, a critical look should be taken at the policy and practice of overbooking by Chinese airline. It is strongly proposed that airlines make improvements both to the fairness of overbooking policy and to calling passenger's attention.

Key words: overbooking, legitimacy, passengers, principles of fairness and reasonableness, duty to call attention, fairness of overbooking policy