Denied Boarding or Removal of a Passenger from an Aircraft - What are the rights and consequences?

Do you think passenger rights are a solid shield that will always protect you? Be careful – one wrong move is all it takes to turn them from a defender into a meaningless piece of paper, and you… the main culprit. Where is the fine line between protection and liability?

This article shows when and why an airline can legally kick you off a plane – without the right to compensation and with serious consequences.

1. The Limits of Passenger Rights: Where Protection Ends and Liability Begins

2. Who, When and On What Basis Can Refuse Transportation?

3. Reasonable Refusal of Carriage: When Regulation 261/2004 Does Not Help

4. Catalog of Offenses: What Can Get You Kicked Out of a Plane?

5. Severe Consequences – What Happens for Violating the Rules

6. The Conscious Passenger's Guide: How to Avoid Problems

7. Traveling Responsibly: Sharing Safety in the Skies

The Limits of Passenger Rights: Where Protection Ends and Liability Begins

You know that feeling, right? You board a plane and feel safe because you know your passenger rights protect you. And rightly so! Regulations like Regulation (EC) No. 26/2004 are a true umbrella of protection.

This entitles you to compensation , meals, accommodation, and even rerouting if, for example, the airline overbooked , denied you boarding , or your flight was canceled or significantly delayed . These are the foundations of your rights in Europe.

But be warned! This umbrella doesn't provide absolute protection. There's a fine line beyond which your rights as a passenger disappear, and your responsibility comes into play. This happens when boarding is denied or a passenger is removed from the plane as a result of your own actions.

Then you not only lose the chance of compensation, but you may also suffer serious consequences – legal, financial, and even those that will stay with you for a long time.

Wondering where the line is? This column will explain exactly under what legal basis, for what reasons, and with what consequences you can suddenly stay on Earth.

Remember, an air carriage contract isn't a one-way street! Both you and the airline have rights and obligations. The key word here is flight safety .

This is paramount. Consider this guide a compendium of knowledge that will help you understand when coverage ends and your responsibility as a traveler begins.

Who, When and On What Basis Can Refuse Transportation?

Let's start with the facts: the decision to deny boarding or remove a passenger from a plane is never accidental.

This isn't at the whim of the airline or its staff. Everything is based on specific regulations – from international, through EU, and national, to those stipulated in carrier regulations.

Understanding who might make such a decision and why is key to avoiding serious problems.

Captain and Crew: Absolute Power on Board

Imagine an airplane as a miniature state, and the captain as its president. His powers are immense and stem directly from the law!

Look at Article 115 of the Aviation Law : "In order to ensure flight safety and safety and order on board the aircraft, the commander is authorized to issue instructions to all persons on board the aircraft.

All persons on board the aircraft are obliged to obey the commander's orders."

This means one thing: the captain's orders are sacred. And the cabin crew (stewards and flight attendants) act in his name. Would you ignore a flight attendant's request to fasten your seatbelt or turn off your phone? That's like ignoring the captain himself!

The final decision to remove a passenger from the plane is made by the airline, often after a signal from the crew. It's also their responsibility to call emergency services once the flight has landed. Remember: safety is paramount!

Airport Services: Intervention on the Ground and in the Air

What happens when a passenger becomes a problem? It triggers a whole mess!

• The Airport Security Service (SOL) is your primary security guard at the airport. They have extensive powers, as defined in Articles 186b and 186f of the Aviation Law . They can search you, but more importantly, they have the authority to "arrest and hand over to the Police or Border Guard (...) any passenger violating the terms of carriage." Therefore, if you behave aggressively in the terminal, SOL will respond.

  
  

• The Border Guard (BG) steps in when the situation becomes more serious. The captain summons BG officers to the aircraft, usually after landing. They have the right to use coercive measures, such as handcuffs, if you resist. Interesting fact: according to Article 186a of the Aviation Law , in the case of "high-risk" flights, BG officers can even stand guard on board for the entire flight!

What does this look like in practice? The outline is simple:

1. You start breaking the rules or disturbing the order.

2. The crew tries to calm you down and gives you orders.

3. No reaction? The deck chief reports to the captain.

4. The captain calls the emergency services and informs the air traffic control tower.

5. After landing, the Border Guard Intervention Unit comes on board , takes you out (possibly by force), and the case ends up in court or ends with a ticket.

The Special Intervention Team (ZIS) is a specialized unit of the Border Guard responsible for rapidly responding to threats and ensuring security in airport zones. Its tasks include preventive measures, border control, and crisis interventions.

Reasonable Refusal of Carriage: When Regulation 261/2004 Does Not Help

Remember Regulation (EC) No. 261/2004 , your "protective umbrella"? It has an important provision. Article 2(j) defines "denied boarding" as refusing carriage despite your presence. But there's a catch! The same regulation clearly states that compensation and care are not due if the refusal is " reasonably justified ."

What does "reasonably justified" mean? That's the point of no return. If it's your fault, you lose everything! The regulation lists three main reasons:

1. Health problems: You have symptoms of an infectious disease or you lack a special "fit to fly" certificate.

2. Safety requirements: You are aggressive, drunk, or disruptive.

3. Incorrect documents: You do not have a valid visa or passport.

When your behavior falls into one of these categories, you move from protected passenger to "culprit."

This means not only no compensation (which could range from 250 to 600 EUR!), but also full liability for all damages and costs resulting from your actions.

Please see the table below, which lists the most important legal grounds on which you may be refused transportation due to your fault:

Legal Act	Key Article/Resolution	Scope of Authorizations	Example Application
Aviation Law Act	Article 115	The aircraft commander may issue binding orders to ensure safety and order.	Passenger refusing to fasten seat belt or change seat.
Aviation Law Act	Art. 186b, 186f	The Airport Security Service may apprehend and hand over to the Border Guard/Police any passenger who violates the conditions of carriage.	Aggressive passenger in terminal or at gate.
Aviation Law Act	Articles 210, 211	Penalties for failure to follow orders (misdemeanour) and endangering safety (crime).	Drunk passenger (Article 210), threats against crew (Article 211).
Regulation (EC) 261/2004	Art. 2(j), Art. 4(3)	Denied boarding is "reasonably justified" for health, safety or documentation reasons.	Passenger without a valid visa or with symptoms of an infectious disease.
General Conditions of Carriage	Variables (e.g. Art. 8 in LOT)	The carrier may refuse to carry a passenger whose behaviour, mental or physical condition constitutes a threat.	Passenger in a state of severe emotional agitation.

Catalog of Offenses: What Can Get You Kicked Out of a Plane?

Airlines have a long list of reasons why they can deny you boarding or remove you from a plane. This list is based on legal regulations, but it's even longer because each airline has its own regulations, known as General Conditions of Carriage (GTC). You accept these when you purchase a ticket.

Unruly Passenger: What Is Forbidden?

"Unruly passenger" is an international term for a passenger who poses a threat to safety or order on board. This is the most common cause of problems.

1. Drunk or high: This is absolutely number one on the list! The regulations of all airlines (Ryanair, Wizz Air, LOT, TUI) clearly state: you are prohibited from flying if you are under the influence of alcohol or drugs. Staff are trained to spot such individuals before boarding. Police statistics from airports show that dealing with drunk and aggressive passengers is a daily occurrence.

   
   

2. Verbally and physically aggressive: Are you shouting, insulting, or threatening the crew or other passengers? Are you using force? It's a surefire path to trouble. The European Aviation Safety Agency (EASA) warns that over 70% of incidents involving unruly passengers involve some form of aggression. Threatening to blow up the plane? This is the worst-case scenario, ending with the plane being immediately turned around.

   
   

3. You're not listening to the crew: Remember Article 115 of the Aviation Law : The captain is in charge! Not fastening your seatbelt, not turning off your phone, or refusing to stow your luggage? These are grounds for removal from the plane.

   
   

4. You smoke cigarettes (even e-cigarettes): Smoking is strictly prohibited on board. This is a fire safety issue. Attempting to light a cigarette, especially in the restroom where smoke detectors are very sensitive, is a serious risk.

   
   

5. Other acts of unlawful interference: Anything that jeopardizes flight safety. Physical attack, false bomb scares, and destruction of aircraft equipment are all serious offenses.

Formal Deficiencies: Documents and Security Check

Sometimes formalities are a problem.

• Incorrect documentation: This is one of the reasons for refusing carriage listed in Regulation 261/2004 . The airline will carefully check that you have all the necessary documents:

  • Valid passport or ID card.

  • Visa (if needed).

  • Matching the data on the ticket and boarding pass with the identity document.

  • Documents must be in good condition.

  Carrier regulations (e.g. Wizz Air) emphasize: it is your responsibility to have everything in order.

• Refuse to undergo security screening : You have to go through the gate, get pawed, and have your luggage x-rayed. Refusal? End of flight.

• You're trying to bring prohibited items: Every airline has a list of items you can't bring on board (weapons, knives, flammable substances). Attempting to bring them in will not only result in confiscation but also refusal of carriage.

Medical Issues: When Health Gets in the Way

Flight safety also affects your health. Changes in pressure and reduced oxygen levels on a plane can worsen some illnesses.

• Fit to Fly Certificate: In many cases, the airline will request a doctor's note certifying your fitness to fly. You need one when:

  • You are in the advanced stages of pregnancy (after 28 weeks for a singleton pregnancy, earlier for a multiple pregnancy). After 36 weeks (singleton pregnancy) or 32 weeks (multiple pregnancy), you are usually no longer allowed to fly.

  • You have recently been ill or had surgery (heart attack, stroke, abdominal surgery, plaster cast).

  • You have chronic cardiovascular or respiratory diseases, diabetes, or epilepsy.

  • You have a severe mental disorder that prevents you from following instructions.

  • You have an infectious disease (chickenpox, measles, tuberculosis).

In addition to specific reasons for refusing carriage, airline regulations also contain very general clauses.

For example, LOT Polish Airlines may refuse carriage if your behavior "leads to an obvious violation of good manners by the passenger, which may raise serious concerns among other passengers."

TUI has a similar provision: "may significantly affect the experience of any person on the aircraft." This gives staff considerable discretion in their assessment of the situation. By purchasing a ticket, you accept these terms.

This means that the airline has the right to deny you a flight based on its own subjective assessment, which you will find difficult to dispute.

Take a look at the table comparing the regulations of LOT, Ryanair and Wizz Air regarding refusal of carriage:

Category Offenses	PLL LOT (OWP, Art. 8)	Ryanair (OWP, Art. 7)	Wizz Air (OWP, Art. 12)
Passenger Condition	"the physical or mental condition is such that... it constitutes a threat"	"mental or physical state... is a hazard or risk to himself, the aircraft, or any person"	"refusal necessary for safety reasons (e.g. under the influence of alcohol)"
Documents	"the passenger does not have valid travel documents"	"you do not appear to have valid travel documents"	"the passenger does not have a valid Boarding Pass or valid Travel Documents"
Failure to follow instructions	"the passenger does not comply with the carrier's instructions and recommendations"	"you fail to observe our instructions with respect to safety or security"	"the passenger violated the rules of conduct on an earlier flight"
Pregnancy (certification required)	According to information on the carrier's website.	From week 28.	From week 28.
Contractual penalties	Not explicitly specified in the OWP.	Fine of €500 for removal from boarding.	Deduction of Unused Space Fee.

Severe Consequences – What Happens for Violating the Rules

The consequences of being denied boarding or removed from a plane due to a passenger's fault go far beyond the inconvenience of having a journey interrupted.

Passengers must take into account a whole range of sanctions – from immediate financial penalties, through criminal liability, to long-term restrictions on travel.

Legal Consequences: From a Fine to a Prison Sentence

Polish Aviation Law precisely differentiates the passenger's liability depending on the gravity of his act.

• Liability for a misdemeanor (Article 210 of the Aviation Law): This is the most commonly used provision. According to its wording, "Anyone who (...) fails to obey an order of the aircraft commander (...) relating to order on board shall be subject to a fine ." In practice, this sanction is enforced by Border Guard officers in the form of a fine, typically amounting to PLN 500. This applies to most standard incidents, such as drinking one's own alcohol, loud behavior, or refusing to obey a simple order.

  
  

• Criminal liability (Article 211 of the Aviation Law): This provision provides for much harsher consequences. It states that "Anyone who (...) fails to follow the aircraft commander's instructions relating to flight safety shall be subject to a fine, restriction of liberty, or imprisonment for up to one year ." The key distinction here is between "order on board" and "flight safety." The classification in Article 211 applies in cases where a passenger's behavior poses a real threat to the safety of all on board, for example, through physical aggression towards the crew, attempting to open the aircraft door in flight, or making criminal threats. In such situations, the matter does not end with a ticket but is referred to the prosecutor's office and then to court.

  
  

• Liability under the Penal Code: Regardless of the Aviation Law, a passenger's actions may constitute offenses under the Penal Code. For example, insulting a Border Guard officer during an intervention is an offense under Article 226 of the Penal Code, while assaulting one is an offense under Article 222 or 223 of the Penal Code.

  
  

Examples of real-life court cases show that courts do not hesitate to impose harsh penalties:

• In a high-profile case at Kraków-Balice Airport, a passenger who attacked another person and threatened to blow up the plane, forcing the pilot to turn back, was sentenced to eight months' imprisonment, suspended for three years. Additionally, the court ordered him to pay PLN 5,800 to the airport and PLN 500 in compensation to the injured passenger.

  
  

• In another case, Ryanair civilly charged a passenger whose behavior forced an emergency landing with costs of nearly PLN 20,000.

  
  

It's worth being aware that sanctions in other countries are often even more severe. In the European Union, fines can reach tens of thousands of euros and several years in prison (e.g., up to €75,000 and five years in prison in France).

In the UK, a passenger can be charged up to £80,000 for flight diversion, and in the US, the Federal Aviation Administration (FAA) can issue fines of up to $37,000 for each violation.

Financial Consequences: The Ticket Is Just the Beginning of the Losses

Passengers often wrongly assume that their maximum financial loss is limited to the value of their ticket and any potential fine. This fundamentally underestimates the risk.

The real financial threat, which could be described as a "financial atomic bomb", lies in civil liability for consequential damages.

• Loss of ticket value: This is the first and most obvious loss. If carriage is refused due to the passenger's fault, the contract of carriage is terminated and the ticket is forfeited without any right to a refund. Some airlines, such as Wizz Air, may also deduct a "Seat Protection Fee" from any outstanding charges.

  
  

• Contractual Penalties: Carriers are increasingly including specific financial penalties for inappropriate behavior in their regulations. For example, Ryanair reserves the right to impose a €500 fine simply for removing a passenger from a flight, regardless of any subsequent claims.

  
  

• Civil liability for damages: This is the most serious and potentially devastating consequence. The airline has the right to pursue a lawsuit against the passenger for any costs it incurs as a result of their conduct. These costs can range widely and include:

  
  

  • Emergency landing (diversion) costs: airport fees, ground handling costs, navigation fees.

  • Cost of dumped fuel: To land safely on time, aircraft often have to dump tons of fuel, which generates enormous costs.

  • Delay costs: compensation paid to other passengers in accordance with Regulation 261/2004, operating costs related to disruption of the flight network.

  • Passenger care costs: providing hotel accommodations, meals, and transportation for all passengers on a disrupted flight. These claims can easily total tens, or even hundreds, of thousands of zlotys or euros. Crucially, standard travel insurance policies almost always include exclusions for damages resulting from willful misconduct, gross negligence, or alcohol intoxication. This means that a passenger removed from a flight through their own fault cannot count on insurance to cover these enormous costs and is responsible for them with all their assets.

    
    

Long-Term Consequences: Entry on the Passenger Blacklist

Being removed from an airplane could close off air travel for many years. However, it's important to distinguish between two completely different mechanisms, often confused in public debate.

• The EU's official "blacklist": This is the EU Air Safety List , an EU list of air carriers that fail to meet European safety standards and are banned from operating in EU airspace. This list applies only to airlines, not passengers. The process for inclusion and deletion is formal, public, and based on safety audits, and the carrier has the right to appeal.

  
  

• Internal passenger "blacklists": These are non-public databases maintained by individual airlines (or groups of airlines) that list passengers deemed disruptive ( unruly passengers ). Being included on such a list, as reported by a LOT Polish Airlines spokesman, typically results in a temporary or lifetime ban on purchasing tickets and traveling with that carrier.

  
  

An increasingly common trend is the sharing of information about such passengers between airlines. An example is the alliance of Dutch airlines KLM and Transavia, which created a joint "blacklist" with a five-year ban on flights on both carriers. This means that an incident on one airline can effectively prevent many others from traveling.

The process of including a passenger on such a list is an internal procedure of the carrier, which raises serious questions about transparency and individual rights, especially in the context of the General Data Protection Regulation (GDPR).

Although the processing of such data is likely to be justified by the "legitimate interest of the controller" (Article 6(1)(f) of the GDPR), which is to ensure security, the appeal procedure is unclear and not centrally regulated.

Unlike the formal EU list, a passenger included on the carrier's internal list may encounter enormous difficulties in asserting their rights and effectively appealing against this decision.

The table below shows the gradation of consequences depending on the level of risk posed by passenger behaviour, based on the International Civil Aviation Organisation (ICAO) classification.

Gradation of Consequences Depending on the Offense

Threat Level (according to ICAO)	Example Behavior	Immediate Consequences	Legal Consequences (Poland)	Potential Financial Consequences	Long-Term Consequences
Level 1 (Verbal)	Arguing with the crew, using profanity, loud behavior.	Warning, refusal to serve alcohol, potential removal from board before takeoff.	Fine up to PLN 500 (Article 210 of the Aviation Law).	Loss of ticket value.	Possible entry on the line's "blacklist".
Level 2 (Physical)	Pushing, pulling, destroying property, smoking in the toilet.	Removal from the deck (possible use of force), handover to the SG.	Criminal proceedings (Article 211 of the Aviation Law), fine, restriction/deprivation of liberty.	Loss of ticket, contractual penalty of the airline (e.g. EUR 500), claim for any delay.	A sure entry on the "blacklist".
Level 3 (Life Threat)	Physical attack on crew/passenger, threat of use of weapons.	Overpowered, crash landing, arrested.	Criminal proceedings (Article 211 of the Aviation Law and the Penal Code), imprisonment.	Full civil liability for the costs of sabotage (tens/hundreds of thousands of PLN).	Lifetime ban from flying on many airlines.
Level 4 (Attempt to take control)	Attempted intrusion into the cockpit.	Treated as an act of terrorism. Overpowered, emergency landing, and arrested by special services.	Long-term imprisonment (terrorism).	Full civil liability.	Lifetime flight ban, entry into security service databases.

The Conscious Passenger's Guide: How to Avoid Problems

You already know how serious the consequences can be, right? But the good news is that most problems with denied boarding or being removed from a plane can be avoided! Just prepare appropriately and act with awareness.

Prevention: Travel Preparation

The key to a smooth trip is to get your bearings before you even head to the airport. Think of this as your personal checklist!

Pre-departure checklist:

1. Documents: This is absolutely essential! Check the validity of your passport or ID card . Be sure to check if you need a visa for your destination (and transit) country. Also, remember that the name on your reservation must match the name on your ID . Failure to do so will result in denied boarding.

   
   

2. Health: Do you have any concerns about your health? Chronic illness, recent surgery, advanced pregnancy? Consult your doctor! If necessary, request a "Fit to Fly" certificate . Traveling with active symptoms of an infectious disease is not only a risk to you but also to everyone around you.

   
   

3. Regulations : Sounds boring? Not at all! Take a moment to familiarize yourself with your airline's regulations . Check carry-on baggage limits and the list of prohibited items . This will save you stress and unpleasant surprises at security.

   
   

4. Alcohol: Remember, alcohol has a much stronger effect on an airplane because the air pressure and humidity are lower. Avoid excessive alcohol consumption before and during the flight. Even a small amount is enough for authorities to consider you a passenger under the influence of alcohol .

Rules of responsible behavior:

1. Respect and empathy: Cabin crew have a difficult job. Treat the crew and other passengers with respect. Courtesy and a smile can work wonders and ease tension.

   
   

2. Strict adherence to instructions: Every crew instruction—from fastening your seatbelt to asking you to turn down the music—is for your safety and comfort. It's your legal obligation to follow them . Remember Article 115 of the Aviation Law ?

   
   

3. Prepare for inconvenience: A plane is not a hotel. Space is limited, and it can be noisy. Be prepared for this! Bring noise-canceling headphones, an eye mask, a travel pillow, and a good book. This will minimize stress and potential irritation.

Crisis Situation Procedures

What should you do if you find yourself in a difficult situation? Your reaction can make all the difference!

• Communication: Have a problem (with a seat, a meal, someone else's behavior)? Report it to the crew. Calmly and assertively, without aggression. Ask to speak to the deck manager (purser) —he has the most experience in resolving disputes.

• De-escalation: See the situation getting heated and emotions running high? Withdraw from the confrontation. Further arguing with the crew, who have the final say and are on the side of the law, will only make matters worse.

• During a security intervention: When the Border Guard appears on board , the situation is very serious. Remember:

  • Remain absolutely calm.

  • Strictly follow all officer orders.

  • Do not resist—either physically or verbally. Resistance is a separate crime and will certainly be used against you.

  • You have the right to remain silent on the spot and may request to speak to a lawyer once you have been taken to your official premises.

  • Know that the entire intervention is documented (often recorded) and will serve as evidence in further proceedings.

Traveling Responsibly: Sharing Safety in the Skies

So you see, the line between a protected passenger and one who bears responsibility is very clear. Crossing it is like pulling the trigger on an avalanche of serious consequences.

Traveling by plane is not like riding a bus – it is an extremely complex operation where flight safety is an absolute priority.

I want to make this clear: the consequences of inappropriate behavior go far beyond losing your ticket or a fine. The real threat is financial ruin if your actions disrupt a flight. This also includes criminal liability , including imprisonment!

And on top of that? You could end up on an airline's "blacklist," meaning you won't be able to fly for years. Sounds like a nightmare, right?

The problem of "unruly passengers" is global and aviation authorities and airlines are reacting to it with increasing decisiveness.

Campaigns like #notonmyflight (led by EASA) and the "zero tolerance" policy send a message: airspace is not a lawless zone! Your freedom ends where the safety of hundreds of others begins.

Remember that flying is a social contract of mutual trust. When you board, you become part of a temporary community.

Everyone's safety depends on us all adhering to strict guidelines. Awareness of the consequences, responsibility, and respect for others are your best bet for a peaceful and enjoyable journey.