Mexico to Review Airline Overbooking Laws, Sheinbaum Says

Mexico’s federal government will review existing legislation that allows airlines to overbook flights, President Claudia Sheinbaum confirmed during a morning press conference. The announcement comes amid ongoing public criticism and a growing number of complaints associated with budget carrier Viva.

“We have to review why the law is structured this way and determine if changes are necessary,” said Sheinbaum, referring to the Civil Aviation Law that currently permits airlines to sell more tickets than available seats on a flight.

Article 52 of the Civil Aviation Law specifies passenger rights in cases of overbooking. When boarding is denied due to oversold tickets, the airline must offer passengers a choice between a full refund or rebooking on the next available flight. Depending on the waiting period, airlines are also required to provide meals, hotel accommodations, and round-trip transportation to the airport if necessary. Additionally, if a passenger opts for a later flight or refund, the airline must pay compensation of no less than 25% of the ticket cost or the unused portion of the trip.

In such cases, Article 52 Bis mandates that airlines must first seek volunteers willing to relinquish their seats in exchange for negotiated benefits before denying boarding involuntarily.

“There have been efforts to introduce modifications, but the law still permits this practice. Any change would likely require a legislative adjustment,” said Iván Escalante, Director of the Federal Consumer Protection Agency (PROFECO).

He emphasized that PROFECO’s role is to ensure compliance with the current law. “We are constantly assisting consumers, particularly with this airline (Viva), and have also met with two other major carriers. We have held meetings with CANAERO and IATA as well,” Escalante said, referring to the national and international airline industry associations.

To address passenger complaints related to overbooking and other issues, Profeco has established permanent service modules at airports nationwide. According to Escalante, these measures aim to mitigate the impact of legal but controversial airline practices.

Two legislative initiatives have been introduced in recent weeks seeking to reform this aspect of the Civil Aviation Law. Morena party congresswoman María de los Ángeles Ballesteros has proposed an outright ban on overbooking, along with penalties for airlines engaging in the practice. Meanwhile, Green Party legislator Luis Orlando Quiroga has proposed increasing mandatory compensation for denied boarding to 35% of the ticket price.

These proposals underscore growing pressure from consumers and lawmakers to reassess industry practices that, while legal, have caused significant inconvenience for travelers.

“The current law defines our limits. While we can ensure enforcement, further action depends on legal reform,” said Escalante.