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

Was your Air Senegal flight delayed, cancelled, diverted, or did you miss a connection in Dakar? Depending on the direction of travel, EU passenger rights regulation may entitle you to compensation of up to €600 per passenger, or the Montreal Convention may cover your proven actual loss.

Air Senegal is a non-European carrier (Senegal). EU Regulation 261/2004 applies to its flights only if they physically depart an EU airport. Departing Dakar-Blaise Diagne towards Europe, the fixed amount is not owed; it is the Montreal Convention that then covers proven actual loss (hotel, meals, transport, but also a missed appointment or lost non-refundable service, on production of evidence).

Air Senegal: am I entitled to compensation?

The direction of travel is the most important factor for Air Senegal: unlike a European carrier, coverage is not automatic in both directions.

Air Senegal in brief

• Country of registration: Senegal
• Main hub: Dakar-Blaise Diagne
• Status under EU Regulation 261/2004: non-European carrier, covered only when departing the EU

Personal experience: on a Paris-Dakar flight, service was correct and efficient but with little interaction with passengers, boarding was crowded, and there was an arrival delay of around 2h30. Worth noting: as Air Senegal's own long-haul fleet (A330-900N) is currently grounded, the airline is chartering aircraft and crews from other carriers (ACMI) to operate its Dakar-Paris flights, notably Boeing 777-200ER aircraft from MyWay Airlines; some medium-haul flights are operated in A320 or B737-800 aircraft by GetJet Airlines (Lithuania). The aircraft may therefore carry a livery and crew different from those expected. This does not affect your EU261 rights, but it may come as a surprise if you were expecting to fly with the national carrier. Another useful tip: take a screenshot or save a PDF of your boarding pass, as those saved in Apple/Google Wallet are automatically deleted after the flight.

Legal framework applicable to this flight

Three different texts may apply to an Air Senegal flight depending on the direction of travel. Here is which one, and since when:

Senegal is among the countries that ratified Montreal relatively late (2016, versus 2004 for the convention's general entry into force): for a Dakar-Europe flight disrupted before that date, only the 1929 Warsaw Convention could have applied, with much lower caps. Since 2016, Montreal prevails.

Air Senegal refunds: ticket price vs compensation

Two different things are often confused. The ticket refund, with the option of re-routing, is owed by Air Senegal as soon as it cancels a flight, whichever direction. 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 where EU261 applies.

Air Senegal delayed flight

Yes, you may be entitled to up to €600 if your Air Senegal 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 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.

Air Senegal'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): 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.

Air Senegal cancelled flight

Yes, in principle, if Air Senegal cancels your flight 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 Senegal offers re-routing at times very close to the original flight, it may escape payment in certain specific cases. Details of the three scenarios (in French).

Missed connection with Air Senegal

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).

As Air Senegal is a non-European carrier, coverage depends on the rest of the itinerary: if another leg of the same booking is operated by a European carrier, or departs an EU airport, the final delay may trigger the fixed amount. If the whole journey stays 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 Senegal overbooking / denied boarding

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 Senegal flights

It depends precisely on who is striking and on the circumstances — there is no universal rule. A strike by Air Senegal's own staff (pilots, cabin crew, ground staff employed by the airline) is generally not accepted as an extraordinary circumstance: this is what the CJEU held in Krüsemann, taking the view 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 if the flight is eligible and the airline cannot demonstrate an extraordinary circumstance specific to that case.

A strike by third parties outside Air Senegal (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 Senegal proves it took all reasonable measures to limit the impact.

How to contact Air Senegal about a claim

Air Senegal 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. An Air Senegal flight disrupted two or three years ago can still be claimed today.

Sources and references

• Regulation (EC) No 261/2004 — article 7 (compensation), article 8 (refund/re-routing), article 9 (right to care)
• CJEU, Krüsemann (C-195/17) — internal strikes, characterisation depending on the precise facts
• Montreal Convention (1999) — Senegal acceded on 6 November 2016 (in French)
• Actual loss and evidence: what is refundable outside EU261 (in French)

How to claim with Robin des Airs

A specialist in the Africa-Europe corridors, Robin des Airs checks whether your Air Senegal 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 Senegal claim in 2 min