The rights of passengers in the civil aviation sector are primarily regulated under Turkish law within the framework of the Turkish Civil Aviation Act No. 2920 and the Regulation on the Rights of Passengers Travelling by Air (SHY-Passenger). These legislative instruments contain protective provisions in favor of passengers in various situations such as denied boarding, flight cancellation or delay, and loss of or damage to baggage.
In domestic air transport, where there is no explicit provision in the Turkish Civil Aviation Act, international conventions to which Türkiye is a party come into play. In this context, the Warsaw Convention and the Montreal Convention are particularly applicable; in cases where these conventions also do not contain relevant provisions, the provisions of the Turkish Commercial Code are applied. This multi-layered normative structure demonstrates that national and international regulations function together in ensuring the protection of passenger rights.
2. Scope of the Regulation on the Rights of Passengers Travelling by Air
The said Regulation covers only passenger transport performed by powered, fixed-wing aircraft. Within this framework, all scheduled and non-scheduled flights fall within the scope of the Regulation, including flights operated by Turkish air carriers departing from airports in Türkiye or arriving in Türkiye, as well as flights departing from Türkiye operated by foreign air carriers.
In order to benefit from the provisions of the Regulation, the passenger must have a confirmed reservation for the relevant flight and must complete the check-in procedure in accordance with the prescribed rules. Accordingly, the passenger must present themselves for check-in within the time and manner specified in advance by the air carrier, tour operator, or authorized travel agency; or, if no such specification has been made, no later than forty-five minutes prior to the announced departure time. However, this requirement does not apply in cases of flight cancellation.
Furthermore, the Regulation applies not only to passengers travelling for consideration, but also to those who are transferred to another flight for any reason, those travelling free of charge, holders of discounted tickets not directly or indirectly available to the public, and passengers travelling using miles or points under loyalty programs. In this respect, the Regulation adopts a broad interpretation of the concept of “passenger,” thereby extending the scope of protection.
3. Passenger Rights in Case of Denied Boarding
In air transportation, passengers may in certain cases be denied boarding. This situation generally arises from requirements related to flight safety or practices such as overbooking.
Where the reason for denied boarding is not attributable to the fault of the passenger, the air carrier is first obliged to call for volunteers willing to relinquish their reservations. Within this scope, certain benefits are offered to passengers and a solution based on voluntariness is sought.
Passengers who voluntarily give up their reservations are granted the following options:
a) Refund of Ticket Price and Right of Return
In cases where the passenger’s travel plan has lost its purpose, the full price of the unused portion of the ticket shall be refunded. Where necessary, the passenger shall be provided with a return flight to the initial point of departure as soon as possible and free of charge. As a rule, the refund must be made within seven days and by the method of payment used; however, alternative methods may be used with the explicit consent of the passenger.
b) Re-routing to the Final Destination at the Earliest Opportunity
The passenger shall be re-routed to their final destination under comparable transport conditions at the earliest possible time.
c) Re-routing at a Date Chosen by the Passenger
Upon the passenger’s request, subject to availability, re-routing shall be arranged at a later date under comparable transport conditions.
If an insufficient number of volunteers is found, the air carrier may deny boarding to certain passengers against their will. In such a case, passengers shall be entitled not only to the above-mentioned options but also to claim compensation and to benefit from various services.
Within the scope of the duty of care, the air carrier is obliged to provide passengers with meals and refreshments depending on the waiting time. These services increase depending on the duration of the delay, and additional refreshments are provided in cases of prolonged waiting. Where a stay of one or more nights becomes necessary, suitable accommodation shall be provided, and transportation between the airport and the place of accommodation shall also be arranged. In addition, passengers must be offered free communication facilities (telephone calls, fax, or e-mail).
Judicial practice is also evolving in a manner that ensures the effective protection of these rights. Indeed, in its decision numbered 2016/14880 E. and 2018/6034 K., the 11th Civil Chamber of the Court of Cassation held that, in cases where a passenger is denied boarding due to overbooking, both pecuniary and non-pecuniary damages must be awarded. This approach demonstrates that passenger rights are not limited solely to the compensation of economic losses, but also encompass the protection of the passenger’s personal rights.
Court of Cassation 11th Civil Chamber, File No: 2016/14880, Decision No: 2018/6034:
“The plaintiff’s counsel stated that, in order to travel from … to …, he purchased two tickets, one for himself and one for his spouse (his client), from a company named … Airlines through the defendant company, for both departure and return; that when they went to the airport on the day of the flight, they were not allowed to board the aircraft by the officials of the company … on the grounds that the defendant had sold excess tickets; that despite applying to both companies to remedy their grievance, the necessary effort was not made; that pursuant to Article 8 of the Regulation on the Rights of Passengers Travelling by Air, in cases of flight cancellation or overbooking, the airline company is required to pay compensation of 100 Euros per flight to the passenger; that for two flights, compensation amounting to 1,162.59 TRY, corresponding to 400 Euros, should be paid to them; that, on the other hand, their planned trip to … was intended to celebrate their wedding anniversary, but due to the defendant’s fault, they had to spend their anniversary at the airport; that additionally, due to the cancellation of the return ticket, he was unable to attend a court hearing which he was required to attend as part of his profession as an attorney, thereby suffering a loss of professional prestige; and that for these reasons, they suffered non-pecuniary damage, requesting the recovery of 1,162.59 TRY in pecuniary damages and 10,000.00 TRY in non-pecuniary damages from the defendant, as well as the publication of the court decision in a widely circulated newspaper in Türkiye.
The defendant’s counsel argued that the competent court for the dispute arising from air transport was the Commercial Courts of First Instance of …; that the grievance suffered by the plaintiffs resulted from the negligence of the officials of the company named …; that the defendant had made the necessary efforts to remedy the grievance by providing free tickets and accommodation to the plaintiffs; and that, since there was no act constituting an infringement of personal rights in the present case, the conditions for non-pecuniary damages were not met, requesting the dismissal of the case.
Upon evaluation of the claims, defenses, and the expert report, the court held that the defendant failed to fulfill its obligation and thereby caused the plaintiffs’ grievance; therefore, the plaintiffs were entitled to pecuniary damages pursuant to Articles 5/1, 9/a, and 10 of the Regulation; that the plaintiffs were forced to spend their wedding anniversary at the airport due to the defendant’s fault, which adversely affected their psychological integrity and social life, thus fulfilling the conditions for non-pecuniary damages; however, non-pecuniary damages cannot constitute a means of enrichment; and, taking into account the social and economic conditions of the plaintiffs, it was necessary to partially accept the claim. Accordingly, the court ruled for the acceptance of the pecuniary damages claim, the recovery of 1,162.59 TRY with legal interest from the date of the lawsuit, the partial acceptance of the non-pecuniary damages claim, awarding 2,000.00 TRY in non-pecuniary damages, and the rejection of the request for publication of the decision in a newspaper.”[1]
4. Flight Cancellation
Flight cancellation refers to the situation in which a pre-scheduled flight, for which at least one passenger has a reservation, cannot be operated at all. In such cases, the planned service is completely nullified; unlike a delay, it is not a matter of the flight being operated later, but the flight is entirely cancelled. In this respect, cancellation is an independent legal concept distinct from delay, with separate legal consequences.
In the event of flight cancellation, passengers are granted the right to choose between a refund of the ticket price or rerouting. Pursuant to Article 9 of the Regulation on the Rights of Passengers Travelling by Air, passengers are provided with optional rights. Accordingly, where the continuation of the planned journey has lost its purpose, the passenger may request a refund for the unused portion of the ticket within seven days. Additionally, if necessary, the passenger may be provided with a free return to the point of departure.
Furthermore, the passenger may be offered rerouting under specific conditions. Under this option, the passenger may be transported to the final destination by an alternative flight under comparable transport conditions.
Passengers have the right to choose between these options under Article 9 of the Regulation. Additionally, certain service obligations apply. Within this framework, it is mandatory to provide passengers with food and beverages as well as communication facilities.
If the new flight offered for rerouting departs on the day of, or the day after, the originally scheduled departure time, accommodation must be provided and transportation between the accommodation and the airport must be arranged.
Passengers may also be entitled to claim compensation in cases of flight cancellations. This right arises if passengers are not informed within specified time frames. The Regulation sets these timeframes as follows:
- Passengers are not informed at least two weeks prior to the scheduled departure,
- Passengers are informed between two weeks and seven days before departure, and no alternative flight is offered that departs no more than two hours later and arrives no more than four hours after the scheduled arrival,
- Passengers are informed less than seven days prior to departure, and no alternative flight is offered that departs no more than one hour later and arrives no more than two hours after the scheduled arrival.
However, providing information on the cancellation does not exempt the carrier from all responsibilities. The carrier is also obliged to inform passengers about alternative travel arrangements.
The air carrier may be exempted from the obligation to pay compensation if it can demonstrate that the cancellation resulted from extraordinary and unavoidable circumstances and that all necessary measures were taken to prevent it.
5. Flight Delay
A flight delay occurs when the carrier fails to fulfill its contractual obligations within the stipulated timeframe, preventing the passenger from reaching their destination at the planned time.
Liability for delays in air transport is regulated under the Turkish Civil Aviation Act No. 2920. According to the Act, the carrier is liable for damages arising from delays in passenger, baggage, or cargo transport. This liability is of a compensatory nature.
Article 123 of the Act limits the carrier’s liability. Accordingly, the carrier may be exempted from liability if it proves that it or its employees took all necessary measures to prevent the damage, or that it was impossible to take such measures.
Judicial practice confirms the application of this provision. For instance, in cases of delays caused by adverse weather conditions where the carrier is not at fault, claims for compensation are often dismissed. The Court of Cassation 11th Civil Chamber, in its decision numbered 2015/12989 E. and 2015/12358 K., contains evaluations in this regard.
Court of Cassation 11th Civil Chamber, File No: 2015/12989, Decision No: 2015/12358:
“According to the claims, defenses, and case files, the main reason the plaintiffs could not travel from Istanbul to Italy according to the specified schedule was that they missed the connecting flight due to adverse weather conditions; the subsequent flight was delayed due to a technical malfunction. Although the carrier may be responsible for technical malfunctions, the primary cause of the delay was the weather conditions, and the technical malfunction on the subsequent aircraft was not the direct cause of the delay. Therefore, the case was dismissed.”[2]
Under the Regulation on the Rights of Passengers Travelling by Air, specific services must be provided in case of flight delay. Passengers must be offered food, beverages, and communication facilities.
If the actual departure of the delayed flight extends into the following day(s), accommodation and transportation between the airport and accommodation must also be provided. Additionally, if the delay exceeds five hours, passengers have the right to request a refund of the ticket price and, if necessary, a return flight to the point of departure.
For these rights to arise, the delay must exceed certain thresholds. Based on the planned departure time:
- Flights of 1,500 km or less, and domestic flights: at least 2 hours,
- Flights between 1,500 km and 3,500 km: at least 3 hours,
- Flights over 3,500 km: at least 4 hours.
With the amendment dated 10.12.2024 and numbered 32748, an important provision was added to Article 7 of SHY-Passenger, titled “Flight Delays.” According to this provision, if a flight is delayed due to technical or operational reasons and the passenger reaches the final destination with a delay of three hours or more, the air carrier must immediately fulfill the obligations outlined in Articles 8 and 9 of the Regulation.
This amendment also enables passengers to claim compensation in cases of delays. The relevant regulation entered into force on 10.12.2024.
It is important to note that the relevant timeframe for calculating the delay is based on the arrival time at the final destination, not the scheduled departure. In other words, for compensation purposes, the difference between the planned arrival time and the actual arrival time is decisive.
6. Right to Compensation
The amounts of compensation under SHY-Passenger are determined according to the type and distance of the flight. Accordingly:
Domestic flights: 100 Euros per passenger.
International flights:
- Up to 1,500 km: 250 Euros,
- Between 1,500 km and 3,500 km: 400 Euros,
- Over 3,500 km: 600 Euros.
When converting these amounts to Turkish Lira, the exchange rate of the Central Bank of the Republic of Türkiye on the payment date is applied.
In cases where the flight is not operated at all, i.e., denied boarding or cancellation, the distance of the flight is determined based on the planned final destination.
However, if an alternative flight under rerouting is offered with a delay relative to the planned arrival time:
- Up to 1,500 km: up to 2 hours delay,
- Between 1,500 km and 3,500 km: up to 3 hours delay,
- Over 3,500 km: up to 4 hours delay,
the air carrier may reduce the compensation amount by 50%.
Passengers may exercise both the rerouting option and the right to compensation simultaneously; however, when both rights are used together, a reduction in compensation applies.
Compensation under SHY-Passenger is not cumulative with other statutory compensation rights. According to Article 13 of the Regulation, compensation paid under SHY-Passenger may be deducted from other claims for compensation arising under separate legal provisions.
An exception exists for passengers who voluntarily give up their reservation in cases of denied boarding. For these passengers, compensation under SHY-Passenger is not deducted from any other legally claimable compensation.
Passengers’ rights to claim non-pecuniary damages remain reserved under general provisions. Indeed, the 13th Civil Chamber of the Court of Cassation, in its decision dated 14.10.2010, File No: 2010/3213, Decision No: 2010/13240, held that delays, transfers, loss of baggage, and related grievances constitute violations of personal rights, and non-pecuniary damages should be awarded considering the specific circumstances.
7. Application and Complaint Procedures
To ensure the effective exercise of passenger rights, the 2015 Passenger Rights Implementation Guidelines and the 2023 Passenger Rights Assessment and Implementation Guidelines regulate application and complaint procedures.
Passengers must first apply to the relevant air carrier if the carrier fails to fulfill its obligations. If the carrier does not respond within ten days, the complaint may be submitted to the Directorate General of Civil Aviation.
8. Access to Judicial Remedies
Passengers may also seek judicial remedies to protect rights not covered under SHY-Passenger or arising from other legal provisions.
If the dispute qualifies as a consumer transaction under the Law on the Protection of the Consumer, the competent court is the Consumer Court. If the monetary value of the dispute is below a certain threshold, submission to the Consumer Arbitration Committee is mandatory before filing a lawsuit.
On the other hand, if the dispute is deemed a commercial transaction under the Turkish Commercial Code, the competent court is the Commercial Court of First Instance.
[1] Court of Cassation 11th Civil Chamber, File No: 2016/14880, Decision No: 2018/6034.
[2] Court of Cassation 11th Civil Chamber, File No: 2015/12989, Decision No: 2015/12358.