Explore passenger rights for flight delays and cancellations in Turkey. Learn about compensation, moral damages, and legal frameworks under Turkish and EU laws.
Air travel offers convenience and efficiency, yet passengers often face significant disruptions due to flight delays or cancellations. These interruptions can impact business obligations, personal plans, and even health, leading to legal disputes between passengers and airlines. Turkish regulations and European Union (EU) frameworks provide specific rights for passengers, covering both financial and emotional damages. This comprehensive guide explores the legal framework for passenger rights in Turkey, detailing compensation and moral damage claims in such situations.
Flight Delays: Passenger Rights and Compensation
Flight delays encompass scenarios where a plane departs, lands, or operates outside its scheduled time. Passengers impacted by such delays are entitled to various compensatory services and, in certain cases, financial recompense. Here’s a closer look at the regulatory landscape:
Turkish Regulations
Turkey enforces passenger rights through the Regulation on Passenger Rights in Air Travel, which applies to all flights originating in Turkey or operated by Turkish airlines internationally. For flights between EU member states or departing from the EU, the EU Regulation 261/2004 governs. In cases of delays, passengers are eligible for the following assistance:
- Domestic Flights or Routes Shorter than 1,500 km: Delays exceeding two hours grant passengers complimentary food and beverages.
- Flights Between 1,500 and 3,500 km: For delays of three hours or more, passengers are entitled to hotel accommodation and transportation services.
- Flights Exceeding 3,500 km: Delays exceeding four hours necessitate ticket refunds or rebooking on a future flight.
However, Turkish regulations do not explicitly include financial compensation for delays.
EU Regulation 261/2004 Compensation Criteria
Under the EU framework, financial compensation is awarded if a flight is delayed by three hours or more:
| Flight Delay Compensation Table | ||
|---|---|---|
| Flight Distance | Delay Duration | Compensation Amount |
| Up to 1,500 km | Over 3 hours | €250 |
| 1,500–3,500 km | Over 3 hours | €400 |
| Over 3,500 km | 3–4 hours | €300 |
| Over 3,500 km | Over 4 hours | €600 |
These provisions underscore the EU’s commitment to addressing passenger grievances caused by flight delays.
Flight Cancellations: Understanding Your Rights
When flights are canceled, passenger rights depend on the timing of the notification and the alternatives offered by the airline.
Turkish Regulations For Flight Cancellations
According to Turkey’s Regulation on Passenger Rights in Air Travel, passengers’ rights are categorized as follows:
- Notification Over Two Weeks in Advance: No compensation is awarded if the airline provides sufficient notice.
- Notification Between 7–14 Days Before The Flight: Compensation applies if no suitable alternative flight is arranged.
- Notification Less Than Seven Days Before Departure: Passengers are entitled to compensation if they are not offered a reasonable rerouting option.
Compensation for canceled flights is structured as:
- Domestic Flights (Under 1,500 km): €100 (paid in Turkish Lira)
- Flights Between 1,500 – 3,500 km: €250
- Flights Over 3,500 km: €400
EU Regulation 261/2004 on Cancellations
The EU mandates airlines notify passengers at least 14 days in advance for cancellations. If this condition is unmet, compensation can range up to €700, depending on the flight distance and circumstances.
Claims For Emotional Damages
Beyond financial losses, passengers often endure emotional distress from delayed or canceled flights. However, claiming moral damages is subject to strict conditions under Turkish Law.
Extraordinary Circumstances and Airline Liability
Under Article 6 of Turkey’s Regulation on Passenger Rights in Air Travel, airlines can avoid compensation obligations by demonstrating that cancellations or delays occurred due to extraordinary circumstances, such as severe weather or safety risks.
According to Turkish Civil Law, moral damage claims are valid only when negligence or deliberate fault by the airline can be proven. In cases of unavoidable external factors, such as technical malfunctions or natural disasters, airlines are exempt from these claims.
Noteworthy Judicial Precedents
Several Turkish court rulings clarify the legal framework for passenger rights:
- Supreme Court 11th Civil Chamber Decision (2015/12358 E., 2017/125 K.): In this case, passengers missed their connecting flight to Rome due to delays caused by dense fog. The court ruled the delay as an extraordinary circumstance, absolving the airline of compensation liability.
- Supreme Court 11th Civil Chamber Decision (2013/8977 E., 2015/13075 K.): Passengers traveling from Munich to Turkey missed their connecting flight due to unforeseen delays. The court deemed the airline’s actions justified, citing exceptional circumstances.
Conclusion
Flight delays and cancellations are a frustrating reality for passengers. While legal protections exist, the burden of proof often rests with the passengers, especially for emotional damage claims. Turkish and EU regulations offer frameworks to mitigate these disruptions, but extraordinary circumstances can limit compensation opportunities. For passengers, understanding these rights and navigating the legal landscape is essential for securing fair treatment.
