What is the Normativa SHY sui Diritti dei Passeggeri?
The SHY regulations on passenger rights were established in accordance with Article 143 of the Turkish Civil Aviation Law of 1983. This regulation is similar to the European Regulation EC 261 and outlines the responsibilities of airlines in cases of delays, cancellations, and denied boarding. The regulation came into effect on January 1, 2012, aiming to protect air passengers in various situations.
Air Passenger Rights in Case of Delays
In case of significant delays, passengers are entitled to various forms of assistance from the airline. If the delay exceeds two hours, the airline must provide meals and beverages. For delays over 5 hours, passengers have the right to a full ticket refund or an alternative flight. However, unlike the European EC 261 regulation, Turkish regulations do not provide specific financial compensation for delays.
Passenger Rights in Case of Cancellations
If the flight is cancelled, passengers are entitled to a full refund of the ticket or an alternative flight to the final destination. Additionally, the airline must provide assistance, including meals, refreshments, and, if necessary, accommodation. Passengers also have the right to financial compensation which varies based on the flight distance:
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National flights: 100 euros in Turkish lira.
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International flights up to 1,500 km: 250 euros in Turkish lira.
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International flights between 1,500 and 3,500 km: 400 euros in Turkish lira.
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International flights over 3,500 km: 600 euros in Turkish lira.
Air Passenger Rights in Case of Denied Boarding
In case of denied boarding due to overbooking, passengers are entitled to financial compensation varying based on the flight distance:
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Up to 1,500 km: Passengers are entitled to compensation of 250 euros.
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Between 1,500 and 3,500 km: Passengers are entitled to compensation of 400 euros.
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Over 3,500 km: Passengers are entitled to compensation of 600 euros.
In addition, the airline must provide assistance, including meals, drinks, and accommodation if necessary. Passengers can choose between a full ticket refund or an alternative flight to the final destination.
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Compensation for Lost, Damaged, or Delayed Baggage
Turkish regulations also provide compensation for lost, damaged, or delayed baggage. Passengers must file a claim with the airline within seven days for damaged baggage and within twenty-one days for delayed baggage. The maximum compensation provided is approximately 1,288 SDR (around 1,700 US dollars), in accordance with the Montreal Convention.
Differences between the Normativa SHY and EU Regulation CE 261
Although the SHY regulations on passenger rights in Turkey are similar to EU Regulation EC 261, there are some key differences. European regulations provide specific financial compensations for delays over 3 hours, ranging from €250 to €600 depending on the flight distance. Turkish regulations, however, do not specify financial compensation for delays but offer assistance such as meals, beverages, and accommodation. Additionally, EU Regulation EC 261 covers flights departing from the EU and those operated by EU airlines to non-EU destinations, while SHY regulations primarily apply to flights operated by Turkish airlines and flights departing from Turkey.
Assert Your Rights with Refly
To enforce your rights under the SHY regulations, it's essential to keep all receipts and documentation related to your travel. Refly can assist you in filing a formal complaint with the airline and guide you through the entire compensation process. If the airline doesn't respond adequately, Refly will provide the legal assistance needed to obtain the rightful compensation.
The SHY regulations on passenger rights represent fundamental protection for air passengers in Turkey, ensuring adequate assistance and compensation in case of delays, cancellations, and denied boarding. Knowing your rights and how to enforce them is essential for traveling safely and responsibly. Use Refly to claim compensation for passenger delays and ensure you receive the justice you deserve. If you have questions about your passenger rights or need legal assistance, feel free to contact us. We're here to help you defend your rights and secure fair compensation.
