Passenger Rights

Passenger rights are regulated by the Civil Aviation Authority.
Below you can find a summary of your rights as a passenger depending on the incident suffered.

Denied Boarding

It is the refusal to carry passengers on a flight, although they have presented themselves for boarding fulfilling the requirements established in the Conditions of Carriage, except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, late coming, or inadequate travel documents. An example of denied boarding that qualifies for compensation is the one due to overbooking.

In a case of denied boarding due to overbooking for example, the air carrier shall first call for volunteers to surrender their reservations in exchange for certain benefits. But if an insufficient number of volunteers come forward and the air carrier denies boarding to passengers against their will, the passengers will be entitled to:

  • Right to information which is the delivery by the carrier of a printed document containing the conditions of assistance and compensation.
  • Right to assistance. The airline shall provide the necessary assistance: enough food and drink, two phone calls to a chosen contact or email access and, if necessary, one or more nights' accommodation and transport between the airport and place of accommodation.
  • Right to reimbursement or re-routing, where the passenger may choose one of the following three options the company must offer:
    1. The reimbursement of the ticket within seven days.
    2. Transportation to final destination as quickly as possible and under comparable transport or
    3. Transport to final destination at a later date, at their convenience, depending on the availability of seats
  • Right to be compensated, between $300 and $720, depending on the flight distance, although these amounts can be reduced by 50% if the carrier offers alternative transportation and meets the time frames of delay in the arrival at destination.

For the Summary of Compensation, please see the Table below

Flight distance

CompensationReduction of 50%
if delay on arrival
is less than
All flights of 1,500 km or less$3002 hours
All intra-East African Community flights of more than 1,500 km
and all flights between 1,500 km and 3,500 km
$4803 hours
Flights of more than 3,500 km$7204 hours
   

 

Flight Cancellation

This is the failure to complete the scheduled flight for which the passenger had bought a ticket.

The passenger rights in the event of cancellation are:

  • Right to information, assistance and reimbursement or re-routing in the same terms as denied boarding.
  • Right to be compensated, similar to denied boarding unless you have been informed of the cancellation 14 days before the scheduled flight or if the airline can prove that the cancellation was caused by extraordinary circumstances such as cases terms political instability, meteorological conditions incompatible with the operation of the flight, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an air carrier.

Long Delays at Departure

This is the flight delay at the airport of origin in relation to the initially scheduled time stated on your booking. The rights that can be invoked in case of long delays at departure are:

  • Right to information, the passenger shall be informed by announcements over the airport public address system, mobile phone (if number was provided at booking and ticketing stage), or email.
  • Right to assistance: this right is conditional on the following time limits depending on the flight distance.

Flight distance

Right to assistance if the delay at departure
is more than
All flights of 1,500 km or less2 hours
All intra-East African Community flights of more than 1,500 km and all flights between 1,500 km and 3,500 km3 hours
Flights of more than 3,500 km4 hours

 

  • Right to reimbursement when departure is delayed for five hours or more the air carrier shall offer the passenger the choice of not to travel and receive, within seven days, the reimbursement of the full cost of the ticket at the price at which it was bought, corresponding to the part of the journey not made and for the part of the journey already made if the flight is no longer serving any purpose.

Flight Delay at Arrivals

In case you arrive at your final destination three hours or more after the arrival time originally scheduled by the air carrier, the passenger may be entitled to the same compensation that would correspond in case of flight cancellation except in cases where the airline can prove that the delay was caused by extraordinary circumstances or Force Majeure.

The compensation amount shall be based on the flight distance to the destination, provided that the delay is at least three hours or more.

Change of Class

When the air carrier accommodates the passenger in a class lower than that for which he paid, the air carrier is bound to reimburse a percentage of the price of the ticket purchased by the passenger.

Upgrade of Class

When the air carrier overbooks in a class that has frequent flyer members of second level and above, the frequent flyer members may be upgraded to the next class in order to give up their seats to the overbooked passengers of the concerned class.