(一)问题的提出北京市朝阳区人民法院2006年受理了全国首例由机票超售行为所引发的法律纠纷案,机票超售于是为人们所关注。国际上一些航空公司早在20世纪60年代末就已经开始使用超售这种收益管理方法了。因为在航空公司的实际运营中,经常有个别已订座的旅客不能登机,给航空公司造成空座损失。为了提高实际客座率,航空公司往往会根据预测,在实际销售时预先多售出一些座位。国外许多航空公司对于超售制定了相对完善的管理措施。一般在乘客购买机票时,就告知乘客其机票是超售,买与不买的决定权在于乘客自己;另外,所有因机票超售而被拒载的旅客都有权获得经济赔偿,而那些不急于出行的旅客也可以选择放弃其座位以换取赔50财务与会计·综合版·2008 3 (A) the issue raised Chaoyang District, Beijing People’s Court in 2006 accepted the country’s first case of lawsuits arising from the overbooking of tickets over the ticket overbooking so people are concerned. Some international airlines have already started using the revenue management method of over-selling as early as the late 1960s. Because in the actual operation of the airline, it is often the case that some individual passengers who have already made their reservations can not board the plane, causing vacancies to the airlines. In order to increase the actual load factor, airlines tend to sell more seats in anticipation of actual sales. Many foreign airlines have set up relatively perfect management measures for overbooking. In general, when a passenger purchases a ticket, the passenger is informed that the ticket is oversold. The decision of buying and not buying is based on the passenger himself. In addition, all passengers who are rejected due to ticket overbooking are entitled to financial compensation, and those who are not in a hurry Traveling travelers also have the option to relinquish their seats in exchange for 50 Financial and Accounting · 2008 · 3