When you travel by air to or from the EU region, you have certain guaranteed rights in accordance with EU Regulation EC 261/2004, provided that you meet the eligibility criteria below. Your rights apply in case of denied boarding, delay, cancellation, and upgrading or downgrading.
You may be eligible to the provisions described below if:
your flight is delayed by three hours (3) or more on arrival at the final destination and if it is between 1,500 and 3,500 kilometers; or
your flight is delayed by four (4) hours or more on arrival at the final destination and if it is longer than 3,500 kilometers; and
the delayed flight is scheduled to be operated by Kenya Airways;
the delayed flight is scheduled to depart from an airport in the EU;
you hold a confirmed reservation for the delayed flight;
you have met the applicable check in deadline for the delayed flight (unless Kenya Airways notifies you of the cancellation before such deadline);
you are not travelling free of any charge or at a reduced fare not available directly or indirectly to the public; and
you are not, or would not have been, precluded from boarding the delayed flight by reason of application of Kenya Airways’ Conditions of Carriage or for other reasonable grounds such as, but not limited to, reasons of health, safety, or security, or inadequate travel documentation.
the delay is caused by extraordinary circumstances which could not have been anticipated by the airline and if the airline has taken all reasonable measures to avoid the delay
Travelling pursuant to a frequent flyer programme or as part of a package holiday will not be treated as travelling free of any charge for the purposes of this notice.
Adverse weather
Strikes of airport personnel or air traffic control
Political instability
Damage to the aircraft due to a bird strike, lightning strike, hail or objects on the runway
Security risks, such as an unruly passenger
Medical emergencies
Decisions or restrictions of Air Traffic Management (ATC)
Disturbance at the Airport
If you are denied boarding or if your flight is cancelled or delayed for at least three (3) hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly about compensation and assistance.
If your flight is delayed by two (2) hours at departure, you're entitled to assistance (drinks, meals, communications) depending on the flight distance and length of delay.
If your flight is delayed by five (5) hours or more at departure, you're entitled to a refund of the unutilized sector if you choose not to travel anymore. If you accept this option, Kenya Airways as an airline doesn't have to provide any further onward travel or assistance.
If your flight is delayed and arrives three (3) or more hours late at your final destination, in addition to assistance, you're also entitled to financial compensation (see table).
1. Compensation (delays) - Within the EU
Delay at Arrival
Flight Distance
Compensation
4 hours or more
1,500 km to 3,500 km
EUR 400 Cash/ 500 Nonrefundable Travel voucher
2. Compensation for Departure (delays) From an EU Airport to a NON-EU airport
3. Compensation for Flights Departing from the UK, See the Equivalence in GBP below
Delay at Arrival
Flight Distance
Compensation
More than 2 hours
1,500 km or less
EUR 250 / GBP 220
4 hours or more
1,500 km to 3,500 km
EUR 400 / GBP 350
All other flights
Over 3,500 km
EUR 600 / GBP 520
If your flight is cancelled, and you were informed less than two (2) weeks prior to the scheduled date, or you're denied boarding, you're entitled to:
Transport to your destination using comparable alternative means of transport or
A refund for your ticket or
Transport free of charge to your initial departure point if you have connecting flights, and
Financial compensation of EUR 250 to EUR 600 depending on the distance of your flight. If we offer you an alternative flight, and you reach your destination with a delay of 2, 3 or 4 hours depending on the length of the flight, the compensation may be reduced by 50% (see below).
In cases of re-routing, you are also entitled to care (drinks, meals, communications) and, if necessary, hotel accommodation (including transfer) depending on the length of the delay.
1.Compensation (Cancellation/Re-routing) - Within the EU
If you are placed in a higher class than the one which is mentioned on your ticket (upgrading), an air carrier cannot request any additional payment.
If you are placed in a lower class (downgrading), you are entitled to reimbursement of a percentage of 30%, 50% or 75% of the price of your ticket, depending on the flight distance as summarized below.
30 % of the price of the ticket for all flights of 1500 kilometres or less, or
50 % of the price of the ticket for all flights within EU of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres, or
75 % of the price of the ticket for all flights not falling under (a) or (b).
Where there are two or more connecting flights included in a single ticket, reimbursement is only payable for the flight which was downgraded and not for the entire journey.
If your flight is cancelled due to "extraordinary circumstances," such as bad weather or strike, no financial compensation will be paid by Kenya Airways. However, Kenya Airways will provide adequate assistance while you are waiting for alternative transport. You are also entitled to
A refund of your ticket within 7 days if you choose not to travel or
Alternative transport to your final destination at the earliest opportunity or
Rebooking at a later date of your choice or
Transport to and from the airport, if the flight arrives or departs from a different airport than the one mentioned in the booking
If the delay lasts five hours or more and you decide not to travel on the delayed flight we will reimburse the fare paid for your ticket for the part of carriage not used, and for those parts of the carriage used if, as a result of the delay, the delayed flight no longer serves any purpose in relation to your original travel plans, and, when relevant, we will carry you to the first point of departure in your contract of carriage on the earliest flight with suitable space available.
If you notify us that you wish to exercise this option, any right to available assistance will cease from receipt by us of such notification. The reimbursement is due within seven days. Payment is subject to completion of all reasonably necessary formalities, such as, but not limited to, satisfactory identification of the party entitled to the reimbursement and return of unused tickets/coupons.
The right to reimbursement will also apply if your flight forms part of a package, except where such right arises under Directive 90/314/EC.
If you believe that you were denied boarding, or your flight was delayed or cancelled and you consider your EU air passenger rights were not honored, you can submit a complaint to Kenya Airways Customer Support.
You will find a list of the relevant authorities responsible for ensuring the legal rights of passengers by clicking the button below EU Official Website
Each EU Member State has designated a body responsible for enforcement of EC Regulation 261/2004
