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WHAT ARE PASSENGER RIGHTS ON DELAYS AND DAMAGES THAT HAPPEN DURING FLIGHT?

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WHAT ARE PASSENGER RIGHTS ON DELAYS AND DAMAGES THAT HAPPEN DURING FLIGHT?

 

In the event of delays or cancelation of your flight, you could receive compensation of up to 600 Euros.

 

If you encounter denied boarding or 2+ hours of delay that is unjustified, or if your luggage is damaged or lost during the flight, the carrier company is obliged to provide you with care and/or compensation to a certain extent. By the EU Regulation 261/2004 (“Sivil Havacılık Yönetmeliği” in Turkey), the Montreal and the Warsaw Conventions, you can appeal to the legal authority as you may be entitled to compensation from the airline company.

 

UNPLANNED DELAYS AND AIRLINES’ RESPONSIBILITIES

Airlines have some obligations in the case of a delay. The obligations may differ depending on the delay time. The obligations are:

  1. Providing meals and refreshments accordingly to delay time:
  • Between the 2nd and 3rd hour of the delay: refreshments.
  • Between the 3rd and 5th hour: meals depending on the time of the day and refreshments.
  • Exceeding 5 hours: small meal in addition to the above-mentioned complimentary food and refreshments.
  1. If the delayed flight is rescheduled for the following day, the airline is responsible for the accommodation and transportation services of the passengers.
  2. Airlines are obligated to inform the passengers about the cause of the delay and provide alternative transportation within 15 minutes of the delay time.
  3. If the planned flight is for a specific event and the passenger wishes not to travel anymore due to the 5-hour delay, the airline must refund the flight fare within 7 days.

If the airline does not offer the above-mentioned services and fails to fulfill its obligations, the passenger may issue a bill to the airline demanding their expenses due to the delay of boarding.

*It should be noted that the food/drink offered, and the accommodation/travel services provided by an airline can vary between different companies!

 

DENIED BOARDING

Passengers who are denied boarding against their will have the right to either cancel their flights and receive reimbursement for their tickets or to continue their travel under satisfactory conditions. They should also be provided with adequate care while waiting for a later flight.

Passengers who have been denied boarding are to be provided with care as explained in the EU regulation numbered 261/2004, article 4, and Turkish regulation of SHY Yolcu article 5.

If a passenger volunteers to give up their seat for another passenger, they should be provided with:

  1. Reimbursement of the ticket fee in seven days and a return flight to the first point of departure.
  2. Rerouting under comparable transport conditions to their final destination depending on the passenger’s demand.
  3. A rerouting option to the available airport is offered to the passenger if a city has more than one airport,

In addition, the other services to be provided to the passenger are:

  1. Providing meals and refreshments accordingly to delay time:
  • Between the 2nd and 3rd hour of the delay: refreshments.
  • Between the 3rd and 5th hour: meals depending on the time of the day and refreshments.
  • Exceeding 5 hours: small meal in addition to the above-mentioned complimentary food and refreshments.
  1. If necessary, passengers are to be provided with accommodation and transportation.
  2. Two phone calls that have no time limit or fax and email options are to be provided.

If the airline does not offer the above-mentioned services and fails to fulfill its obligations, the passenger may issue a bill to the airline, demanding their expenses due to the denial of boarding.

 

COMPENSATION AMOUNTS

If the delay time of the flight exceeds 3 hours, you are entitled to demand compensation. The compensation amounts are as the following:

  • 250€ for flights with travel distance less than 1500km
  • 400€ for travel distances between 1500-3500 km and intra-community that are over 1500km of travel distance
  • 600€ for travel distances above 3500km. However, if your flight is delayed less than 4 hours and the travel distance is above 3500km the above-mentioned compensation amount is cut in half (300€)
DESTINATION AMOUNT
under 1500km 250€
1500-3500km/all flights within the EU over 1500km 400€
Over 3500 km 600€

 

BRIEFING THE PASSENGERS OF CANCELLATION

Carriers are obliged to inform passengers of cancellations before the scheduled time of departure and should offer them reasonable rerouting. If the carrier company does not fulfill its responsibilities explained in the regulation, you can demand that your expenses be paid in full.

 

CANCELATION OF THE FLIGHT

Passengers whose flights are canceled should be able to either obtain reimbursement for their tickets or to obtain re-routing under satisfactory conditions and should be provided with care adequately while awaiting a later flight.

Scenarios, where the passenger was not given appropriate notice are:

  1. If the passenger was not notified of a cancelation that occurred two weeks before the planned flight,
  2. If the flight was cancelled between the 14th and the 7th day before the scheduled flight date and the passenger was not informed nor given a rerouting option (which must be two hours before the scheduled time or an option that does not cause setback of more than 4 hours after the scheduled arrival),
  3. If the flight was cancelled within 7 days before the scheduled departure time and the passenger was not informed nor a rerouting option was offered (an hour before the scheduled departure time or an option not exceeding a two-hour delay),

The passenger has the right to demand compensation unless the airline proves that the delay was caused by reasons beyond its control (force majeure).

 

BANKRUPTCY OF THE AIRLINE

If the airline you flew with has gone bankrupt and no longer exists, you can get compensation, but it is a slim chance. This is because passengers are usually placed last in a long line of creditors that an airline company will have to pay after going bankrupt. However, if your flight was operated by another company, you may be able to claim with them instead.

RESCHEDULING OF THE FLIGHT

If you were not informed about a rescheduling before 14 days, or your flight was booked for a specific plan, or your flight was downgraded due to rescheduling, you can get some or all of your damages.

In the cases of political instability, extreme weather conditions incompatible with the operation of the flight concerned (force majeure), security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier; the airline will not be held responsible.

 

LIABILITY OF THE AIRLINE FOR LATE/NON-DELIVERY OF LUGGAGE OR DAMAGES TO THE CARGO

If the luggage of a passenger is damaged or lost during a flight, the airline is held accountable. Companies are obligated to compensate passengers for the material damage that they suffer under the Montreal Convention of 1999.

Different laws regulate international flights, domestic flights and intra-community (from one EU member country to another) flights. The main litigation materials of Turkey are the 2920 Turkish Code of Civilian Aviation (TCCA) and the international conventions of Montreal and Warsaw. If TCCA lacks any topics or matters, Article 106 states that the signed convention articles are to be applied. Article 124 of TCCA states that any regulations drawn by the companies that limit the liability of the airline must be in accordance with the international conventions, in which Turkey is a participant. Article 124 also applies to domestic flights.

 

WHAT SHOULD YOU DO IF THE AIRLINE DAMAGES OR LOSES YOUR LUGGAGE?

TCCA article 128 states that the passenger should warn the airline via written letter immediately and if not, within 7 days. If the luggage is lost, the passenger then has 21 days to inform the airline via written letter.

 

THE MAXIMUM AMOUNT OF COMPENSATION

The Montreal Convention and the Warsaw Convention limit the amount of compensation that a passenger can demand from the airline on which they have booked their flight. The highest amount stated in the convention is 1288 SDR (Special Drawings Rights, a currency created by the IMF for international use) which is 1731$. Two parties can also negotiate independently.

 

INSTANCES WHICH THE AIRLINE IS NOT HELD ACCOUNTABLE

If the carriage is damaged beforehand or the damage is due to the quality of the luggage,

  1. The luggage was cared for by persons other than the airline or related firms,
  2. Cases of war or armed conflict,
  3. Actions taken by the authorities regarding the luggage,

If one of the reasons stated above is true, the carrier firm’s responsibility is no longer present, and the firm cannot be held accountable.

 

THE COMPETENT COURT ON CONFLICTS CAUSED BY CIVILIAN AVIATION AND TIMELINES

Consumer Courts located in the passenger’s residence or the carrier firm’s location are the competent courts on matters regarding civilian aviation. The passenger can take the case to court within two years.

 

COURT DECISIONS

 

ISTANBUL REGIONAL COURT OF JUSTICE, E. 2019/18 K. 2020/879

 

“The court action is filed due to the moral and material damages that the international airline is held responsible because of the signed agreement of transportation by both parties. The Montreal Convention Articles 18/1 and 19 state that the airlines are to be held accountable for any damages, delays or loss of the registered luggage. Article 22 states the maximum amount of compensation which can be demanded due to the above-mentioned damages or delays. The court recognizes that any of the non-accountability reasons stated in the Montreal Convention are absent. Hereby, the carrier firm is held responsible for the damages that occurred.”

 

TURKISH ASSEMBLY OF CIVIL CHAMBERS, E. 2017/44.  , K. 2019/508

 

“The defendant firm is accountable for the paid phone calls and clothing expenses made by the plaintiff. However, the plaintiffs planned and paid touristic expenses are considered unnecessary and therefore cannot be demanded under the Montreal Convention. Considering the negative effects of; having to wear the same clothing for the rest of their trip, the anticipation caused by their luggage not being delivered, not being able to access their belongings, the unique aspects and personal importance of the touristic experience being ruined is acknowledged by the court. Therefore, under the Turkish Code of Obligations article 49, the moral damages are to be compensated, in accordance with the economic and general status of the plaintiff.”

 

Av. A. Vahit Kaya

Av. Melis Meral Ercan

Stj. Av. Boran Utku Özer

Stj. Kutay Örki

 

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