
Can Passengers Whose Flights Are Delayed Claim Compensation? Attorney Gamze Gül Girgeç
Unexpected delays can completely disrupt people's plans. So, can passengers who experience flight delays claim compensation?
In Turkish law, the rights of passengers traveling by air are regulated by the Regulation on the Rights of Passengers Traveling by Air, issued by the General Directorate of Civil Aviation.
The amendment to subparagraph (a) of the first paragraph of Article 3 of the Regulation on the Rights of Passengers Traveling by Air, issued by the General Directorate of Civil Aviation, was published in the Official Gazette on 10/12/2024.
With this change published in the Official Gazette, the issue of compensation for delays has come to the forefront again.
What is Delay Compensation?
Delay compensation is a type of compensation that can be claimed to cover inconveniences caused by a flight being delayed beyond its scheduled time, and it has become a significant issue, particularly in recent times, regarding passenger rights.
To claim compensation for delays, passengers must be aware of their rights and accurately assess the causes and duration of the delay before submitting their applications.
How much compensation can I claim?
According to the amendment published in the Official Gazette on 10/12/2024, the amount of compensation varies depending on the flight distance and the duration of the delay. Accordingly;
Domestic Flights: 100 – Euros
International Flights: 250 Euros for flights up to 1,500 kilometers.,
For flights between 1,500 and 3,500 kilometers, the fee is 400 Euros.,
For flights longer than 3,500 kilometers, the fee is 600 Euros. Compensation may be claimed.
When calculating the Turkish lira equivalent of the determined compensation amounts, the Turkish Central Bank's foreign exchange selling rate on the day the compensation is paid is used as the basis.
What are the conditions under which I can claim compensation?
- Duration of delay: The duration of the delay is the most important factor in claiming compensation. According to the relevant regulation, the passenger must be transported to their final planned destination in 3 hours or more.
- Caused by the Carrier: To claim compensation, the delay must have been caused by a reason within the airline's control. The relevant regulation also includes the criterion of flight delays due to technical and operational reasons.
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