INTRODUCTION
Flight delay is the postponement of the scheduled departure time of a flight to a later date and/or time due to various reasons such as adverse weather conditions, technical failures and operational disruptions. In the event of a delay, airlines offer certain services and rights to passengers.
The regulations in Türkiye regarding the rights of passengers in case of delayed flights are the ‘Regulation on Air Passenger Rights (SHY-Passenger)’ (‘Regulation’), Circular on Passenger Rights Implementation Principles dated 2015 and Circular on Passenger Rights Assessment and Implementation Principles dated 2023 (‘Circulars’) issued by the Directorate General of Civil Aviation.
Within the scope of the relevant legislation, minimum rights in cases where flights are delayed are determined. With the Regulation Amending the Regulation on Air Passenger Rights (SHY-Passenger) numbered 32748 (‘Regulation’), which entered into force after being published in the Official Gazette on 10.12.2024, new regulations regarding the compensation that can be claimed in case of flight delay have come to the agenda.
A. Evaluation of the Regulation Amending the Regulation on Air Passenger Rights (SHY-Passenger)
a) Scope of the Regulation
When the flight delay situation is examined within the scope of the ‘Regulation on Air Passenger Rights (SHY-Passenger)’, according to the regulation, if the arrival time of the passenger is delayed due to the delay of the aircraft within the periods determined in the regulation on direct flights, or if the continuation flight is missed due to the delay of one of the connecting flights, the passenger’s grievance must be compensated by the airline company. Both domestic and international flights of Turkish airlines in Türkiye are covered by the Regulation.
Delay under the periods specified in the Regulation is not considered as a delay within the meaning of the Regulation and passengers cannot claim any rights from the airline for this reason. Accordingly, the calculation of the delay period should be evaluated in accordance with the ‘Delay of the Flights’ provision regulated under Article 7 of the Regulation. As of the planned departure time of a flight, the air transport operator performing the flight shall offer the following considerations to the passengers.
The delay situations listed in the Regulation are as follows;
- is two or more than two hours for the flights shorter than 1500 kilometers (including 1500 km) and for domestic flights,
- is three or more than three hours for the flights between 1500 and 3500 kilometers (including 3500 km),
- is four or more than four hours for the flights longer than 3500 kilometers,
In the event that the delay the air transport company is obliged to offer its passengers the right to service (catering, communication, accommodation and transport) and the right to reimbursement (refund of ticket price) or route change, which will be determined differently according to each concrete case.
With the Regulation numbered 32748 on the Amendment to the Regulation on Air Passenger Rights (SHY-Passenger) (‘Regulation’), which entered into force after being published in the Official Gazette on 10.12.2024, new regulations regarding the compensation that can be claimed in case of flight delay have been introduced. When the relevant Regulation is analysed, it is seen that Articles 7 and 8 have been amended. With the amendments made in the aforementioned articles, in the event that the flights are delayed due to technical and operational reasons and the passenger is delivered to the planned final destination in 3 hours or more, the air transport operator performing the flight will fulfil the obligation to pay compensation to the passengers. The regulation regarding compensation is included in the Regulation and is determined as follows;
Passengers shall be compensated 100 Euro for domestic flights. For international flights;
- a) 250 Euro for all flights of 1500 kilometres or less,
- b) 400 Euro for flights between 1500 and 3500 kilometres,
- c) 600 Euro for flights longer than 3500 kilometres,
amount of compensation is given. While calculating the Turkish Lira equivalent of the compensation receivables, the foreign exchange selling rate of the Central Bank of the Republic of Türkiye on the day the compensation is paid is taken as basis.
b) Application Procedures and Principles
The applications to be made within the scope of the Regulation on Air Passenger Rights (SHY-PASSENGER) must first be made to the air transport operator addressed to the complaint. If the air transport operator does not respond to the application within 10 days or if the response is not sufficient, the application must be sent to the Directorate General of Civil Aviation.
The application can be made by the passenger or the application process can be carried out by the passenger’s attorney with a valid power of attorney. Applications that do not comply with the application procedure are not evaluated.
CONCLUSION
With the Regulation Amending the Regulation on Air Passenger Rights (SHY-Passenger) numbered 32748, which entered into force after being published in the Official Gazette on 10.12.2024, important regulations regarding the compensation that can be claimed in case of flight delay have come to the agenda. With the new regulation, passengers are now entitled to claim compensation not only in case of flight cancellation but also in case of flight delay. Accordingly, in the event that the flights are delayed due to technical and operational reasons and the passenger is delivered to the planned final destination in 3 hours or more, the air transport operator performing the flight will fulfil its obligation to pay compensation to the passengers according to the circumstances of the concrete case, and the passengers may also benefit from the right to reimbursement or route change.
The applications to be made within the scope of the Regulation must first be made to the air transport operator addressed to the complaint, and if the air transport operator does not respond to the application within 10 days or if the response is not sufficient, the application must be made to the Directorate General of Civil Aviation, and the application can be made by the passenger or the application process can be carried out by the passenger’s attorney. We would like to remind you that applications that do not comply with the application procedure will not be evaluated.
