The Directorate General of Civil Aviation (“SHGM”) published in Official Gazette No. 32748 dated 10/12/2024 an amendment to the Regulation on the Rights of Air Passengers (SHY-YOLCU) (“Passenger Rights Regulation”), revising passengers’ rights where technical or operational delays cause arrival at the final destination three hours or more after the scheduled time.
This briefing examines passengers’ rights for delayed flights under the Passenger Rights Regulation.
I. Scope
The amendment covers all passengers carried on motor-powered, fixed-wing aircraft on scheduled and non-scheduled flights operated by Turkish carriers to or from Turkish airports, and by foreign carriers departing from Turkish airports.
II. General Principles
The addition to Article 6, “Flight Delays”, requires the operating carrier immediately to fulfil Articles 8 and 9 where technical or operational delays cause arrival at the final destination at least three hours late. Airlines must therefore pay compensation for such domestic and international delays.
Compensation is EUR 100 for domestic flights and, for international flights, depends on distance:
- EUR 250 for all flights of 1,500 kilometres or less;
- EUR 400 for flights between 1,500 and 3,500 kilometres;
- EUR 600 for flights exceeding 3,500 kilometres.
These are the prescribed compensation amounts.
The disputed practice of using the exchange rate on the ticket purchase date has ended; compensation is calculated using the rate on the date compensation is paid.
Rights to reimbursement and rerouting, previously applicable for delays exceeding five hours, now also apply to technical or operational delays of at least three hours. In addition to compensation, passengers have the following rights:
- Reimbursement of the full purchase price for the unused part or parts of the journey and for completed parts if the journey no longer serves the passenger’s original purpose,
- within seven days, in cash, by electronic bank transfer, bank order or cheque, or with the passenger’s signed agreement in travel vouchers and/or other services; and a free return flight to the original point of departure at the earliest opportunity.
- Rerouting to the final destination at the earliest opportunity under comparable transport conditions.
- Rerouting to the final destination at a later date convenient to the passenger, subject to seat availability, under comparable transport conditions.
In summary, where domestic or international flights are delayed by at least three hours, (i) airlines must pay compensation; (ii) in addition, upon request, passengers must receive reimbursement within seven days and a free earliest return flight to the starting point for connecting journeys, or (iii) upon request, tickets must be changed to the earliest alternative flight or (iv) to a flight at a later date.
III. Entry into Force
The amendment published in the Official Gazette on 10/12/2024 entered into force on the same day.
For further information and assistance, please contact us at info@mapartners.com.tr .