Passenger Rights and Compensation Process for Flight Delays or Cancellations – Summary

Flight delays or cancellations can cause passengers to lose both time and money. In such cases, passengers may have the right to a ticket refund, an alternative flight, assistance with basic needs, and, under certain circumstances, compensation.

Difference Between a Flight Delay and a Flight Cancellation

A flight delay occurs when the scheduled departure time is moved to a later time. The duration and cause of the delay determine which rights the passenger may be entitled to.

A flight cancellation occurs when a flight is not operated at all. In such cases, the airline is generally required to offer the passenger a refund or an alternative transportation option.

The airline's liability depends on the reason for the delay or cancellation. While technical failures, operational issues, or problems caused by the airline may give rise to a right to compensation, extraordinary circumstances such as severe weather conditions or security risks may affect this right.

Basic Passenger Rights in the Event of a Flight Delay or Cancellation

Passengers may have the following rights:

• Ticket refund: For cancelled flights, passengers may request a refund of the ticket price.
• Right to an alternative flight: Passengers may request to travel on another suitable flight.
• Food, refreshments, and communication assistance: In cases of long delays, the airline may be required to provide assistance with basic needs.
• Accommodation and transportation: If an overnight stay is necessary, the airline may provide hotel accommodation and transportation.

In Which Situations Can Passengers Claim Compensation?

The right to compensation generally arises when delays or cancellations are caused by circumstances within the airline's control. Examples include:

• Operational problems,
• Technical issues,
• Planning errors caused by the airline.

However, extraordinary circumstances such as severe weather conditions, natural disasters, security threats, airspace restrictions, or certain strike situations may mean that compensation is not payable.

How to Apply for Compensation

Passengers should first submit a claim to the airline. The application should clearly state the flight details, the inconvenience experienced, and the rights or compensation being requested.

Documents generally required may include:

• Boarding pass,
• Flight reservation,
• Cancellation or delay notifications,
• Receipts for any expenses incurred.

The airline may review the claim and either provide compensation or reject the request. If a claim is rejected, the passenger may consider applying to the relevant official authorities or pursuing other available legal remedies.

Passenger Rights in Extraordinary Circumstances

Not every delay or cancellation gives rise to a right to compensation. In the following circumstances, the airline's liability may be limited:

• Adverse weather conditions,
• Security threats,
• Airspace closures,
• Force majeure events.

However, even in these situations, passengers may still retain certain rights, including the right to receive information, be rerouted, and receive basic assistance.

Common Mistakes Made by Passengers

To avoid losing their rights, passengers should avoid mistakes such as:

• Failing to investigate whether they are entitled to compensation,
• Failing to keep relevant documents and receipts,
• Not considering the alternative options offered by the airline.

Rights on Domestic and International Flights

In Türkiye, passenger rights are protected under national legislation and regulations issued by the Directorate General of Civil Aviation (SHGM). For flights covered by European Union rules, different compensation regulations may apply to delays and cancellations. For international flights, the regulations of the countries of departure and arrival may also be relevant.

Conclusion

Knowing their rights in the event of a flight delay or cancellation can help passengers reduce financial losses and inconvenience. Ticket refunds, alternative flights, assistance with basic needs, and, where applicable, compensation are important rights available to passengers. The reason for the disruption, the flight route, and the duration of the delay should be taken into account when determining the appropriate course of action and submitting a claim.

Frequently Asked Questions

Can I get a refund if my flight is cancelled?
Yes. For cancelled flights, passengers may, depending on the applicable conditions, request a refund of the ticket price or an alternative flight.

Am I entitled to compensation for a flight delay?
Depending on the cause and duration of the delay, passengers may be entitled to compensation.

Which delays are eligible for compensation?
Generally, delays caused by the airline and exceeding certain time thresholds may be considered for compensation.

What documents are required to apply for compensation?
A boarding pass, reservation details, delay or cancellation notification, and receipts for any expenses incurred may be required.

Is compensation paid for flights cancelled due to weather conditions?
In cases of extraordinary weather conditions, additional compensation may generally not be payable. However, passengers may still retain their basic rights.