Passenger Rights Due to Flight Delay and Cancellation
1. Introduction
Air transport is one of the most widely used modes of transportation in the globalized world. However, it is common for flights not to occur as planned. Flights may be delayed or canceled due to weather conditions, technical malfunctions, security issues, or operational reasons. In order to minimize passenger inconvenience in such cases, various regulations have been established at both national and international levels. In Turkey, the SHY-YOLCU Regulation issued by the General Directorate of Civil Aviation, Regulation 261/2004 , and the Montreal Convention constitute the basic basis of passenger rights.
This article will comprehensively address the rights granted to passengers in case of delays and cancellations, including food and beverage, accommodation, communication, and free ticket refunds
2. Legal Grounds
2.1. SHY-Passenger Regulation
SHY-YOLCU , which came into force in 2006 and has been updated with subsequent amendments, governs passenger rights on flights departing from Turkey. The regulation details the rights of passengers in case of delays and cancellations and clearly sets out the obligations of carriers.
2.2. EU Regulation 261/2004
Regulation 261/2004, a fundamental regulation in European Union law, applies to flights operated by EU carriers departing from or arriving at EU countries. This regulation is also important for Turkish passengers, as those flying from Türkiye to the EU or from the EU to Türkiye can benefit from this protection depending on the origin of the aircraft.
2.3. Montreal Convention
The Montreal Convention of 1999 is the fundamental document safeguarding passenger and baggage rights in international air transport. The Convention regulates liability for damages arising from delays and losses. Unlike the fixed compensation provisions under SHY-YOLCU and EU 261/2004, the Montreal Convention proven actual damages .
3. Flight Delays and Passenger Rights
3.1. Rights Based on the Duration of Delay
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Passengers should be offered light snacks and drinks during delays of 2-3 hours
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Additional food and drinks will be provided and communication rights will be ensured for delays of 3-5 hours
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For delays exceeding 5 hours, passengers may request a refund of their ticket price or be offered an alternative flight.
3.2. Right to Communication
During their wait, passengers are provided with at least two free phone calls, emails, or faxes. This is important to ensure passengers can continue their work and keep their loved ones informed.
3.3. Right to Accommodation
If the delay extends into the following day, the airline is obligated to provide passengers with free hotel accommodation and airport-hotel transfers. The important point here is that the passenger is not required to request this service; the airline must provide it automatically.
3.4. Free Ticket Refund
If the delay exceeds 5 hours and the passenger claims that the purpose of the trip has been lost, they can request a refund of the ticket price. Furthermore, if the flight is cancelled, the passenger has the right to a free return trip to their point of origin.
4. Flight Cancellation and Passenger Rights
4.1. Alternatives in Case of Cancellation
The passenger should be offered the following options:
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Free ticket refund
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Alternative flight as soon as possible
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Passenger's preferred future flight
4.2. Food, Beverage and Communication
Passengers waiting due to cancellation should be offered food and drinks, and their right to communication should be ensured. This right applies regardless of the duration of the cancellation, to prevent passengers from being inconvenienced.
4.3. Accommodation and Transfer
If a flight cancellation necessitates spending the night at the airport, the passenger should be provided with free hotel accommodation and transfers.
5. Right to a Free Ticket Refund
Passengers have the right to a refund of their ticket fare in both cases of delay and cancellation. Refunds are generally processed within 7 days in cash, via bank transfer, or by credit card. Passengers may also accept a travel voucher provided by the airline; however, this is not mandatory. The passenger's free will is paramount in this matter.
6. Compensation System
6.1. Fixed Compensation Amounts
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Domestic flights: €100
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For international flights: between €250 and €600
The amount of compensation varies depending on the distance and type of flight. However, in exceptional circumstances (e.g., weather conditions), the airline may be exempt from paying compensation.
6.2. Compensation under the Montreal Convention
Passengers can file a lawsuit under the Montreal Convention for financial losses incurred due to delays or cancellations. The passenger must prove the actual damages suffered.
7. Exceptions
The airline may be exempted from paying compensation in certain circumstances. These include:
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Extreme weather conditions
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Security risks
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Strikes and mass work stoppages
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Political instability
However, these exceptions do not negate the passenger's food and drink, accommodation, and communication .
8. Judicial Decisions
In Supreme Court rulings, actions by airlines that violate their SHY-PASSENGER obligations have been considered a service defect. There are decisions awarding not only material damages but also moral damages to passengers. This demonstrates that passenger rights are not limited to legislation but are also supported by judicial precedents.
9. Application Methods
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First, you apply to the airline company.
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If no response is received within 10 days, to the General Directorate of Civil Aviation .
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If a satisfactory solution is not obtained, the passenger can file a lawsuit in consumer court.
10. Conclusion
Flight delays or cancellations can seriously affect passengers' travel plans. However, the SHY-PASSENGER Regulation, EU Regulation 261/2004 , and the Montreal Convention, passengers have the right to food and beverages, accommodation, communication, and free ticket refunds. It is crucial for passengers to be aware of these rights and to pursue legal avenues when necessary to prevent grievances.
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