Air Congo: delayed, cancelled or overbooked flight — your rights

Was your Air Congo flight delayed, cancelled or overbooked between Europe and Kinshasa? Depending on the direction of travel, the European regulation on air passenger rights may entitle you to compensation of up to €600 per passenger, or the Montreal Convention may cover your actual documented damage.

Air Congo is a non-European carrier (Democratic Republic of the Congo), launched on 1 December 2024 to replace Congo Airways, which had by then been banned from flying into the European Union. EU Regulation 261/2004 only applies to its flights if they physically depart from an EU airport (Paris or Brussels in particular). Departing Kinshasa towards Europe, the fixed compensation is not owed; it is the Montreal Convention that then covers the actual documented damage (hotel, meals, transport, but also a missed appointment or a lost non-refundable service, on production of evidence).

Air Congo: am I entitled to compensation?

Air Congo in brief

• Country of registration: Democratic Republic of the Congo
• Main hub: Kinshasa-N'djili
• Partnership: Ethiopian Airlines (technical and operational support at launch)
• Status under EU Regulation 261/2004: non-European carrier, covered only departing the EU

Air Congo refunds: ticket price vs compensation

Two different things are often confused. A ticket refund, with the option of re-routing, is owed by Air Congo as soon as it cancels a flight departing the EU. Where there is simply a delay of 5 hours or more, only the refund is available, and only if you give up the journey (art. 6(1)(iii) and art. 8(1)(a) of the regulation): what comes back is the price you paid. The fixed compensation under EU261/2004 (up to €600) is a separate right, which is added to the refund and does not depend on the ticket price, only on the distance and direction of the flight. The two are cumulative whenever EU261 applies.

Air Congo delayed flight

Yes, you may be entitled to up to €600 if your Air Congo flight departs the EU and arrives at least 3 hours late, subject to the other conditions. The delay is measured on arrival (when the doors open), not at departure. In principle, a delay of at least 3 hours recorded on arrival can trigger the fixed amount, with no need to prove financial loss, unless the airline demonstrates extraordinary circumstances: €250 up to 1,500 km, €400 between 1,500 and 3,500 km, €600 beyond. On a flight departing Kinshasa operated by Air Congo, the fixed amount is not owed, but your actual expenses can be claimed under the Montreal Convention.

As Air Congo is a very recent airline, still in its operational ramp-up phase, start-up-related disruption cannot be ruled out. This does not change your rights: a young airline is subject to exactly the same regulation as one that has been established for decades.

Air Congo's excuses: valid or not

Valid excuses: extreme weather, airspace closure, air traffic control strikes, bird strike or debris on the runway. Even then, the airline must prove it took all reasonable measures to limit the delay.

Invalid excuses (compensation remains due where the flight is eligible): a technical fault on the aircraft, even an unforeseen one (Wallentin-Hermann and van der Lans, CJEU), the aircraft running late on its previous rotation, understaffing or internal organisational problems, difficulties linked to the airline's recent launch.

Air Congo cancelled flight

Yes, in principle, if Air Congo cancels your flight departing the EU and informs you less than 14 days before departure, you are entitled to the compensation per passenger, plus either a ticket refund OR re-routing, at your choice. These two rights are cumulative (art. 7 and art. 8 of the regulation). A travel voucher only replaces a cash refund if you accept it: you can refuse it and insist on a bank transfer.

Note: being told less than 14 days in advance does not always trigger compensation on its own. If Air Congo also offers re-routing at times very close to the original flight, it may escape payment in certain specific cases.

Missed connection with Air Congo

Did Air Congo cause you to miss your connection? If your ticket is a single booking covering the whole journey, the delay is measured at your final destination, whichever leg caused it (Folkerts, CJEU, 2013). Air Congo is progressively expanding its regional network (notably Cotonou, Douala, Johannesburg, Kampala): connections via Kinshasa should become more frequent as the network develops.

Since Air Congo is a non-European carrier, coverage depends on the departure point of the first flight on the booking: if the first flight departs an EU airport, the final destination may open entitlement to the fixed amount even if a leg operated by Air Congo outside the EU causes the delay. If the whole journey falls outside the scope of the regulation, only the Montreal Convention applies.

Be careful: if you bought two separate tickets rather than a single booking, the protection is far weaker, as each flight is assessed independently.

Air Congo overbooking / denied boarding

On an eligible flight (departing the EU), involuntary denied boarding (overbooking) opens the same rights as a cancellation. Article 4 of EU Regulation 261/2004 requires the airline to first call for volunteers before denying boarding to anyone. If you are denied boarding against your will, you are entitled to the fixed compensation (up to €600), plus care and assistance (meals, accommodation where necessary) and a refund or re-routing at your choice.

Unlike a cancellation, overbooking admits almost no excuse: it is a commercial decision by the airline, never an extraordinary circumstance.

Strikes and Air Congo flights

It depends precisely on who is striking and on the circumstances — there is no universal rule. A strike by Air Congo's own staff (pilots, cabin crew, ground staff employed by the airline) is generally not accepted as an extraordinary circumstance: the CJEU so held in Krüsemann, considering that an employer must anticipate this type of social risk. But the exact characterisation depends on the specific type of industrial action and on the facts of the case; compensation remains due where the flight is eligible and the airline cannot demonstrate an extraordinary circumstance specific to that case.

A strike by third parties outside Air Congo (air traffic controllers, airport staff not employed by the airline, a national general strike) may, depending on the case, be recognised as an extraordinary circumstance, provided Air Congo proves it took all reasonable measures to limit the impact.

How to contact Air Congo about a claim

Air Congo handles direct claims slowly, often without a reply for several months. Before writing yourself, keep your boarding pass, your e-ticket and any delay or cancellation notification: these are the documents that make the difference if the airline refuses or stays silent.

How long do you have to claim?

5 years before the French courts (art. 2224 of the French Civil Code) for the EU261 compensation, whichever of the situations above applies. 2 years for a claim based on the Montreal Convention. An Air Congo flight disrupted two or three years ago can still be claimed today under EU261.

Sources and references

• Regulation (EC) No 261/2004 — article 7 (compensation), article 8 (refund/re-routing), article 9 (right to care)
• CJEU, Folkerts (C-11/11) — delay measured at final destination on a single booking
• CJEU, Krüsemann (C-195/17) — internal strikes, characterisation depending on the precise facts
• CJEU, van der Lans (C-257/14) — hidden defect not extraordinary
• Montreal Convention (1999)
• Actual damage and supporting evidence: what can be reimbursed outside EU261

How to claim with Robin des Airs

A specialist in the Africa-Europe corridors, Robin des Airs checks whether your Air Congo flight qualifies (direction, distance, cause of the delay), builds the file, sends the claim and challenges refusals. Nothing to pay if nothing is recovered. You receive 75% of the sums recovered at the amicable stage, and 60% if the airline forces us to go to court.

→ File my Air Congo claim in 2 min