COMPENSATION??? - KQ (Kenya Airways) Involuntary Denied Boarding - NBO to KGL
Aug 5, 2009, 1:08 am
#1
Original Poster
Join Date: Jan 2000
Location: Wilmington, DE
Programs: DL GM, 2MM, Marriott Lifetime Titanium, IHC Spire
Posts: 402
COMPENSATION??? - KQ (Kenya Airways) Involuntary Denied Boarding - NBO to KGL
Bought 7 World Business Class tickets (IN THE US) for our party for the August 5, 2009 8:10AM flight from Nairobi to Kigali (with a technical stop in Burundi) scheduled to arrive in Kigali at 10:20AM. Cost was in excess of $7000 for this 1-hour (nonstop) flight.
Flew overnight from JNB to make the early connection into Kigali, instead of comfortably staying in the O. R. Tambo Johannesburg Airport Intercontinental Hotel, and flying during the day on Wednesday. In Nairobi, we cleared gate and hand luggage inspection at least 1 hour in advance of scheduled 8:10 dparture. At the last minute (about 8:10AM) KQ informed us that "due to a weight issue" (freight instead of passengers/luggage?) for the 737-800, the flight would operate only to Burundi, and not continue on to Kigali as scheduled, so about 30 of us, scheduled to KGL, were stranded at NBO. I do not believe that a 737-800 with standard passenger allowances for baggage weight would even come close to overweight. Wonder if there was also an oversell? And if freight to Burundi is a bigger money maker than passenger traffic?
After much arguing and discussing, was able to get 7 business class seats on the 12:30 regularly-scheduled KQ departure. But this gets us in over 2 hours late! KQ was not forthright in their explanation of the "Technical Issue", I believe. I asked for inoluntary denied boarding compensation, but was told by the station supervisor that no compensation could be made.
So - seeking advice on how to attack the compensation that I believe is due me and the other 6 travellers (wife, daughter, and 2 couples of friends). Since tix bought in the US with US funds, is there a recourse in the US courts system? What would the best approach be to the entity Skyteam, where they so proudly advertise KQ as a member? And as Delta 2MM+, any recourse through them?
Seeking your suggestions and advice. Thanks!
Flew overnight from JNB to make the early connection into Kigali, instead of comfortably staying in the O. R. Tambo Johannesburg Airport Intercontinental Hotel, and flying during the day on Wednesday. In Nairobi, we cleared gate and hand luggage inspection at least 1 hour in advance of scheduled 8:10 dparture. At the last minute (about 8:10AM) KQ informed us that "due to a weight issue" (freight instead of passengers/luggage?) for the 737-800, the flight would operate only to Burundi, and not continue on to Kigali as scheduled, so about 30 of us, scheduled to KGL, were stranded at NBO. I do not believe that a 737-800 with standard passenger allowances for baggage weight would even come close to overweight. Wonder if there was also an oversell? And if freight to Burundi is a bigger money maker than passenger traffic?
After much arguing and discussing, was able to get 7 business class seats on the 12:30 regularly-scheduled KQ departure. But this gets us in over 2 hours late! KQ was not forthright in their explanation of the "Technical Issue", I believe. I asked for inoluntary denied boarding compensation, but was told by the station supervisor that no compensation could be made.
So - seeking advice on how to attack the compensation that I believe is due me and the other 6 travellers (wife, daughter, and 2 couples of friends). Since tix bought in the US with US funds, is there a recourse in the US courts system? What would the best approach be to the entity Skyteam, where they so proudly advertise KQ as a member? And as Delta 2MM+, any recourse through them?Seeking your suggestions and advice. Thanks!
Aug 5, 2009, 2:21 am
#2
Join Date: Sep 2005
Location: OOL
Programs: VA Plat, QF LTS, UA MM, Hilton Diamond, Rydges Black, ,Le-Club Gold
Posts: 3,659
More than 2 hours late? That's fairly punctual for Africa.
And the rest sounds like a normal day at work for any US airline, except that the untrue-excuse for cancelling at the last minute in the US is normally "weather" rather than "weight".
And the rest sounds like a normal day at work for any US airline, except that the untrue-excuse for cancelling at the last minute in the US is normally "weather" rather than "weight".
Aug 5, 2009, 2:24 am
#3
Join Date: Apr 2007
Location: AMS
Programs: A number, but no status no more
Posts: 3,049
Hi there,
I can't answer the US court question, but:
(a) Skyteam: forget it. It's a marketing association, and not responsible for any alliance wide compensations or not. (I don't think any alliance would step in in a similar case)
(b) Why would DL get involved? It's a KQ ticket, operated by KQ.
IMHO, you are out of luck on compensation, since there is no legal basis for it in Kenya. In addition, I would argue that a 2-hour delay is nothing major. Even under EU compensation rules, I don't think you would get much.
For a flight this short (< 1'500 km), a maximum compensation of E250 per passenger would apply. However, with only 2 hours delay in the end, I think this would be reduced to pretty much nothing, especially since you got the direct flight instead of the 1-stop flight.(Note: this is purely speculative since this does not concern a European flight)
Cheers,
GenevaFlyer
I can't answer the US court question, but:
(a) Skyteam: forget it. It's a marketing association, and not responsible for any alliance wide compensations or not. (I don't think any alliance would step in in a similar case)
(b) Why would DL get involved? It's a KQ ticket, operated by KQ.
IMHO, you are out of luck on compensation, since there is no legal basis for it in Kenya. In addition, I would argue that a 2-hour delay is nothing major. Even under EU compensation rules, I don't think you would get much.
For a flight this short (< 1'500 km), a maximum compensation of E250 per passenger would apply. However, with only 2 hours delay in the end, I think this would be reduced to pretty much nothing, especially since you got the direct flight instead of the 1-stop flight.(Note: this is purely speculative since this does not concern a European flight)
Cheers,
GenevaFlyer
Last edited by GenevaFlyer; Aug 5, 2009 at 2:30 am Reason: Added EU compensation paragraph.
Aug 5, 2009, 5:00 am
#4
A FlyerTalk Posting Legend
Join Date: Apr 2001
Location: PSM
Posts: 69,232
You were two hours late. You'll get nothing from anyone. Such is life.
Aug 5, 2009, 7:23 am
#5
FlyerTalk Evangelist
Join Date: May 2004
Location: Soon to be LEGT
Posts: 10,928
This must be one of the most ridiculous threads ever posted outside of OMNI. In fact, the idea about claiming against Skyteam is far less ridiculous than the notion of demanding compensation for a 2-hour delay caused by a technical issue on a flight to BURUNDI of all places.
KQ quite possibly is the best airline in Africa. DLBIZTRAVELER (sic), please do go ahead and try the competition- I can't wait to hear the stories about your experiences of the likes of Rwandair Express and Chanchangi Airlines.
Aug 31, 2009, 8:02 pm
#6
FlyerTalk Evangelist
Join Date: Jan 2002
Location: Canada
Programs: UA*1K MM SK EBG LATAM BL
Posts: 23,310
you spent $1000/person on a one hour flight on a 737 business ticket? 
What difference does it made you bought the ticket IN THE US? Youre gonna take a foreign airline to court because you were 2 hours late?????
Who really cares if you are a DL 2MM or whatnot, why should KQ care?
I flew into NBO on KQ 2 months ago and their business product was far superior to anything DL offers (except the IFE)
I also just spent 2 months in Africa, we drove over 10000km all the way to Cape Town... things just go at their own pace there,pole pole, and relax!
I think the scary thing about your post is that you actually think you are entitled to compensation for a 2 hour delay...
What difference does it made you bought the ticket IN THE US? Youre gonna take a foreign airline to court because you were 2 hours late?????
Who really cares if you are a DL 2MM or whatnot, why should KQ care?
I flew into NBO on KQ 2 months ago and their business product was far superior to anything DL offers (except the IFE)
I also just spent 2 months in Africa, we drove over 10000km all the way to Cape Town... things just go at their own pace there,pole pole, and relax!
I think the scary thing about your post is that you actually think you are entitled to compensation for a 2 hour delay...