Delayed or cancelled flight — Senegal: your compensation

Are You Entitled to Compensation? (Applicable Framework from Senegal)

Senegal is not a member of the European Union, and EU Regulation 261/2004 (EC 261) does not apply automatically to all flights departing from Dakar-Blaise Diagne International Airport (DSS) or any other Senegalese airport. The regulation that applies to your situation depends entirely on where your flight departs from and which airline operates it.

Scenario 1 — Your flight departs FROM Senegal (e.g., Dakar → Paris, Dakar → Brussels)

Air Senegal passengers who depart from Senegal and land in the EU are not covered by EC 261 if the flight originates outside the EU. EU Regulation 261/2004 covers passengers departing from an airport located in a non-EU country to an airport situated in an EU country only if the operating air carrier is an EU-based carrier.

• Flying with a European airline (e.g., Air France, Lufthansa, Brussels Airlines) departing from Dakar? EC 261/2004 does apply — you are entitled to compensation.
• Flying with Air Senegal or another non-EU carrier from Dakar? EC 261/2004 does not apply. Your rights fall under Senegalese national aviation law, supervised by ANACIM (Agence Nationale de l'Aviation Civile et de la Météorologie).

Scenario 2 — Your flight departs FROM an EU airport with a connection through Dakar

A flight with one or more connections on the same reservation constitutes a whole for the purposes of EC 261: the regulation is assessed with regard to the place of a flight's initial departure and the place of its final destination. If your journey started in an EU country (e.g., Paris → Dakar → a third destination), EC 261 may apply to the entire booking.

Scenario 3 — You depart FROM Senegal with a European airline on a RETURN journey from Europe

If your outbound flight originally departed from an EU airport (e.g., you booked Paris → Dakar → Paris), the return leg departing from Dakar on an EU carrier is covered by EC 261, as the operating carrier is a Community carrier.

The Senegalese Regulatory Framework: ANACIM

For all flights operated by non-EU carriers departing from Senegal, passenger rights are governed by Senegalese civil aviation rules enforced by ANACIM. Air Senegal has published its own Passenger Rights charter, which indicates that compensation amounts are determined by ANACIM (the national civil aviation authority). The Montreal Convention (1999), to which Senegal is a signatory, also provides a legal baseline for international flights, particularly for damages suffered. You can contact ANACIM at:

• Address: Aéroport militaire Léopold Sédar Senghor, BP 8184 Dakar-Yoff
• Email: anacim@anacim.sn
• Website: www.anacim.sn

The table below summarises which regulation applies to your flight from Senegal:

Compensation Amounts by Distance (EC 261/2004)

When EC 261/2004 applies (see above), the regulation requires compensation of €250 to €600 depending on the flight distance, for delays of at least three hours, cancellations, or being denied boarding due to overbooking. The amounts are fixed by law and airlines cannot offer you less.

Important reduction rule: If the airline offers you re-routing to your final destination and you arrive within 2 hours (for flights under 1,500 km), 3 hours (for flights between 1,500 and 3,500 km), or 4 hours (for flights over 3,500 km) of your original scheduled arrival, the airline may reduce the compensation by 50%.

Conditions triggering the right to compensation under EC 261

• Flight delay of 3 hours or more at final destination (not at departure)
• Flight cancellation notified less than 14 days before departure
• Denied boarding due to overbooking (and you did not volunteer)
• Downgrading to a lower class than the one purchased (refund of 30–75% of ticket price depending on distance)

Regardless of whether financial compensation applies, the airline must always provide care and assistance for significant delays: meals and refreshments proportionate to waiting time, two free communications (phone, email), and hotel accommodation plus transport if an overnight stay becomes necessary.

Montreal Convention — for flights not covered by EC 261

For flights operated by non-EU carriers departing Senegal, the Montreal Convention sets a liability ceiling for compensable damages (not a flat rate): approximately 1,288 Special Drawing Rights (SDR) per passenger — roughly €1,500–€1,700 depending on the exchange rate — but this requires you to prove actual loss or damage, unlike the flat-rate system under EC 261.

Cases That Cancel Your Right to Compensation (Extraordinary Circumstances)

Where the cancellation or delay was due to extraordinary circumstances, you may not have the right to financial compensation, but the carrier must still offer you assistance (reimbursement or re-routing) and care (meals and/or accommodation) while you wait.

Extraordinary circumstances are events that are beyond the airline's control and could not have been avoided even if all reasonable measures had been taken. Accepted examples include:

• Severe weather conditions making safe flight impossible (storms, fog, hurricanes — but not routine turbulence or predictable seasonal weather)
• Air traffic control restrictions or closure of airspace by authorities
• Political instability or security risks at the departure or destination airport
• Unexpected flight safety deficiencies discovered during a mandatory check (not routine maintenance)
• Bird strikes causing unforeseeable technical damage
• Airport staff strikes (security, ATC) — note: strikes by the airline's own staff are generally NOT considered extraordinary circumstances by EU courts
• Medical emergencies on board requiring diversion

What is NOT an extraordinary circumstance:

• Technical failures that are part of normal aircraft operation (even if unexpected)
• Staff shortages due to poor planning
• Overbooking
• Flight schedule optimisation by the airline
• Strikes by the airline's own pilots or cabin crew (per EU Court of Justice rulings)

The burden of proof lies with the airline: the airline has the obligation to prove if and when you were personally informed of a cancellation, and to demonstrate extraordinary circumstances.

How to Claim — Step by Step

1. At the airport — collect evidence immediately
   • Keep your boarding pass and booking confirmation.
   • Request a written statement from the airline about the reason for the delay or cancellation.
   • Note the exact times: scheduled departure, actual departure, scheduled arrival, actual arrival at final destination.
   • Take photos of departure boards showing the disruption.
   • Keep all receipts for meals, refreshments, or accommodation you paid for yourself during the wait.
   • The airline must give you a written notice of your rights if you were denied boarding, your flight was cancelled, or you experienced a delay of two hours or more. Ask for it if not provided.
2. Submit a formal written claim to the airline
   • Contact the airline's customer service in writing (email or registered letter) — keep a copy.
   • State your flight number, date, scheduled and actual times, and the compensation amount you are claiming under EC 261/2004 (or the Montreal Convention if applicable).
   • For Air Senegal, use their official claims channel: flyairsenegal.com
   • Airlines operating under EC 261 must respond within a reasonable time (typically 14–30 days depending on the country's national enforcement body rules).
3. If your flight was operated by an EU carrier from Dakar
   • You are claiming under EC 261. File your claim with the airline's head office in the EU (e.g., Air France Paris, Lufthansa Frankfurt).
   • Reference: Regulation (EC) No 261/2004 — full official text on EUR-Lex.
4. If your flight was operated by a non-EU carrier from Dakar
   • File a claim directly with the airline, citing the Montreal Convention and any applicable Senegalese regulations.
   • Contact ANACIM (anacim@anacim.sn / www.anacim.sn) as the national aviation authority.
5. Keep a clear timeline
   • Under EC 261, claims are generally subject to a statute of limitations that varies by country (typically 2–6 years in the EU country of the operating airline's registration).
   • Do not accept vouchers or non-monetary compensation without fully understanding your rights — accepting a voucher may waive your right to cash compensation.

If the Airline Refuses

For EU-carrier flights covered by EC 261

If the airline rejects your claim or does not respond within a reasonable period, you can escalate to the National Enforcement Body (NEB) of the EU country where the airline is registered or where the EU-originating leg departed from. The European Commission publishes the full list of National Enforcement Bodies for all EU member states, including contact details and online complaint forms. Key bodies relevant to Senegal-connected routes include:

• France (DGAC): Direction Générale de l'Aviation Civile — for Air France and all flights departing French airports
• Belgium (DG Mobilité): For Brussels Airlines and flights from Brussels
• Portugal (ANAC PT): www.anac.pt — for flights from Lisbon (TAP Air Portugal routes)
• Full EU NEB list: European Commission — National Enforcement Bodies

NEBs can investigate your complaint at no cost to you and order airlines to comply. They do not always award individual compensation directly, but their intervention often prompts airlines to settle.

For non-EU carrier flights — Senegalese jurisdiction

• File a complaint with ANACIM (contact details above).
• Consider mediation or Senegalese consumer protection bodies.
• As a last resort, civil litigation in a Senegalese court is possible under the Montreal Convention, which provides a binding legal framework for international carriage. Consult a local lawyer specialising in aviation or consumer law.

Third-party claim agencies

Even though Air Senegal is not a European airline, it always complies with European laws every time it departs from a European airport. Specialist agencies such as AirHelp or Flightright can handle EC 261 claims on your behalf on a no-win, no-fee basis (they typically retain 25–35% of the compensation as their fee). This is useful if the airline refuses and you do not want to navigate legal procedures alone — but only use them for flights genuinely covered by EC 261.

FAQ

My flight departed from Dakar with Air Senegal and was delayed by 5 hours to Paris. Can I claim €600?

Air Senegal passengers who depart from Senegal and land in the EU are not covered by EC 261 if the flight originates outside the EU and the carrier is not EU-based. Since Air Senegal is a Senegalese carrier, EC 261 does not apply to this flight. You should file a complaint directly with Air Senegal, citing their own published Passenger Rights charter (available on flyairsenegal.com), and escalate to ANACIM if the airline does not respond satisfactorily. The Montreal Convention may provide a basis for claiming actual proven damages in Senegalese courts.

I was flying Paris to Dakar with Air France and my connection was missed at CDG. Am I covered by EC 261?

Yes. If your flights are part of a single reservation, and you arrive at your final destination with a delay of 3 hours or more, and the delay is not due to extraordinary circumstances, you are entitled to financial compensation. Since the initial departure was from an EU airport (Paris CDG) and Air France is an EU carrier, EC 261 fully applies to the entire journey, including the connection. You can claim up to €600 for a Paris–Dakar distance (over 3,500 km). File your claim with Air France and escalate to the DGAC (France's NEB) if refused.

The airline says the cancellation was due to "extraordinary circumstances." What can I do?

The airline has the obligation to prove extraordinary circumstances. Ask the airline to provide written documentation specifying the exact nature of the extraordinary circumstance (e.g., official ATC notices, meteorological reports, security authority directives). If the explanation is vague (e.g., "technical issue," "operational reasons"), these are generally not accepted as extraordinary circumstances. You can challenge the refusal by escalating to the relevant NEB with your evidence. Even if the extraordinary circumstance is valid, the airline must still provide you with care (meals, accommodation) and offer you reimbursement or re-routing.

How long do I have to submit my compensation claim?

There is no single EU-wide deadline. The time limit for filing a claim depends on the law of the country of the operating airline or the country of departure. In France, the limitation period is 5 years from the date of the disruption. In Germany, it is 3 years. In Belgium and Portugal, it is 1 year to file with the NEB, and longer for court action. For Senegalese jurisdiction under the Montreal Convention, the limitation period is 2 years from the date of arrival (or the date on which the aircraft should have arrived). Act as quickly as possible and always keep copies of all documents.