This content has been translated from the original text.
Today, air transport has become one of the fastest and most widespread ways to travel. However, unexpected situations such as flight delays can disrupt travel plans and cause passengers a variety of difficulties. Fortunately, both national and international regulations safeguard passengers' right to compensation in the event of flight delays. In this article, we provide information on the rights that passengers have in the delays that frequently occur in air transport.
The Right to Compensation for Flight Delays
Today, air transport has become one of the fastest and most widespread ways to travel. However, unexpected situations such as flight delays can disrupt travel plans and cause passengers a variety of difficulties. Fortunately, both national and international regulations safeguard passengers' right to compensation in the event of flight delays.
Flight delays may occur for various reasons; weather conditions, technical problems or disruptions in air traffic control are only a few of them. In the European Union (EU) and certain other regions, the right to compensation for flight delays is protected by law under certain conditions.
Regulation EC 261/2004 of the European Union applies to flights departing from or landing at airports in EU Member States. This Regulation grants passengers various rights in cases of flight delays, cancellations and overbooking. Similar regulations exist in countries outside the EU. For example, in the United States, the right to compensation for flight delays is regulated within the framework of the rules set by the Department of Transportation (DOT). However, the right to compensation in the United States is not as extensive as in the EU and generally covers domestic flights.
In Turkish law, the Regulation on the Rights of Passengers Travelling by Air, which was prepared on the basis of EU Regulation EC 261/2004, applies to all flights operated by Turkish air carriers to and from airports in Türkiye and by foreign air carriers from airports in Türkiye. Passengers who are subjected to a delay have certain rights while they wait:
- In the case of delays of between two and three hours, passengers are entitled to basic services such as a reasonable quantity of hot and cold beverages.
- In the case of delays of between three and five hours, hot and cold beverages are provided together with breakfast or a meal, depending on the time of day.
- In the case of delays of five hours or more, hot and cold beverages are provided together with breakfast or a meal, depending on the time of day, as well as additional hot and cold beverages and an additional light snack.
- Where an overnight stay of one or more nights becomes necessary, or where an additional overnight stay becomes necessary for the passenger, accommodation in a hotel or other suitable accommodation facility is provided, together with transport between the airport and the place of accommodation (hotel or similar).
- In addition to these services, the airline is obliged to offer passengers, free of charge and without any time limit, two telephone calls, fax messages or e-mails.
The conditions for compensation, specifically in relation to flight delays, are as follows:
- For all flights of 1,500 kilometres or less, the Turkish lira equivalent of EUR 250,
- For flights of between 1,500 and 3,500 kilometres, the Turkish lira equivalent of EUR 400,
- For flights of more than 3,500 kilometres, compensation is paid in the amount of the Turkish lira equivalent of EUR 600. When calculating the Turkish lira equivalent of compensation claims, the foreign exchange selling rate of the Central Bank of the Republic of Türkiye on the day on which the ticket was purchased, that is, the day on which payment for the ticket was made, is used as the basis.
Flight delays can be stressful and annoying for passengers, but being aware of one's compensation rights makes the situation more manageable. Passengers should know that they are entitled to claim compensation for flight delays and should exercise this right effectively. We recommend that you act through your attorney and assert your rights, thereby encouraging airlines to provide more careful and passenger-oriented service.
