Passenger Rights in Case of Flight Cancellation and Delay

Passenger Rights in Case of Flight Cancellation and Delay. The civil aviation sector is recognized as one of the most dynamic elements of global economic integration and individual mobility. However, due to the nature of operational complexity, many variables such as technical failures, adverse weather, air traffic control restrictions, and administrative decisions can lead to flight cancellations and long delays. These disruptions cause not only a loss of time for passengers but also significant material and moral damages. For passengers to effectively utilize their legal safeguards in this complex process, the “Regulation on the Rights of Passengers Traveling by Air” (SHY-PASSENGER), which has been in force in Türkiye since 2011 and was prepared in parallel with the European Union’s Regulation (EC) 261/2004, serves as the primary legal reference. As of 2026, updated compensation limits and Consumer Arbitration Board application thresholds necessitate that passengers act more consciously in their pursuit of justice. In the face of airlines’ tendency to minimize operational costs, the strategic steps passengers must follow to protect their legal rights must be handled within a technical and legal framework.

Step 1: Collection of Operational Evidence and Documentation

The most critical stage determining the success of the legal process at the moment a flight disruption occurs is the collection of evidence. Although the burden of proof in air transport generally lies with the operator, the concrete data in the passenger’s possession play a vital role in refuting the airline’s defenses regarding “extraordinary circumstances” or “fulfillment of the obligation to inform.”

Preservation of Digital and Physical Travel Documents

To make a compensation claim, passengers must first prove that they had a valid reservation (PNR) for the relevant flight and that they completed check-in procedures within the timeframes prescribed by the legislation. The boarding pass is the strongest primary evidence proving that the passenger was present at the airport. Taking screenshots of digital boarding passes or scanning and storing physical cards prevents data loss that may occur later. In case of flight cancellation, passenger rights are reserved even if the check-in process has not yet started; however, in this case, the preservation of the reservation confirmation email is mandatory.

Right to Written Notification and Information

According to the SHY-PASSENGER regulation, the airline operator is obliged to provide a written notification containing their rights to every affected passenger in cases of delays of at least two hours, flight cancellations, or denied boarding (overbooking). This notification is not just an information form; it is also evidence that the airline has officially accepted the disruption. It is a strategic move for passengers to request this document from ground handling staff or the airline counter at the airport, as well as a “delay certificate” containing the reason for the delay or cancellation.

Evidence Type	Legal Importance	Notes
Boarding Pass	Proof of being present at the airport	A digital copy must be taken.
PNR / Reservation Confirmation	Proof of the contractual relationship	Check-in may not be required for cancellations.
Written Delay Notification	Proof of the airline’s duty to inform	Shows the company accepted the disruption.
Expense Receipts / Invoices	Proof of material damage and right to care	Food, beverage, and accommodation expenses.
SMS / Email Notifications	Timeline and notification time	Critical for determining the right to compensation.

Step 2: Determining the Applicable Legislation and Jurisdiction

The legal rules to be applied in flight disruptions vary depending on the points of departure and arrival of the flight and the country where the airline is registered. At this stage, the passenger must choose the most appropriate protection shield for their situation.

Geographic Scope Difference Between SHY-PASSENGER and EC 261/2004

The basic rule for civil aviation operations based in Türkiye is that all flights departing from Turkish airports (regardless of the airline’s nationality) are within the scope of SHY-PASSENGER. For flights to Türkiye from a country outside of Türkiye, this regulation applies only if the operator is a Turkish airline. The European Union (EU) regulation EC 261/2004, on the other hand, protects all flights departing from EU countries and flights arriving in the EU from outside the EU if operated by an EU-based airline.

In cases of legal conflict—where both legislations are applicable—the passenger can request compensation from both sides but cannot receive double recovery for the same incident. Passengers must decide which legislation to proceed with, considering the compensation amounts and payment currency advantages. Although compensation amounts in Türkiye are determined in Euros, they are paid in Turkish Lira based on the TCMB foreign exchange selling rate valid on the date of payment.

Distance-Based Compensation Categories

Compensation amounts are calculated based on the nature of the flight (domestic or international) and the distance traveled. The “great circle route” method is used for distance calculation.

Flight Type and Distance	SHY-PASSENGER Compensation Amount	Equivalent (Euro)
Domestic Flights (Regardless of distance)	100 Euro	100 €
International: 1,500 km or shorter	250 Euro	250 €
International: Between 1,500 – 3,500 km	400 Euro	400 €
International: Longer than 3,500 km	600 Euro	600 €

When the delay time at the arrival point exceeds 3 hours, the passenger has the same compensation rights as in the case of cancellation. However, if the airline reaches the destination with an alternative flight and this arrival time does not exceed the original arrival time by 2 to 4 hours (depending on distance), the compensation amount may be reduced by 50%.

Step 3: Execution of the Right to Care and Assistance

The delay process is not just about waiting; the airline has an obligation to meet the basic needs of the passenger. These rights arise simply by exceeding the time threshold, regardless of the airline’s fault.

Service Standards According to Time Slots

The airline operator must provide the following services free of charge depending on the duration of the delay:

Delays Starting from Two Hours: For flights up to 1,500 km (and all domestic flights) 2 hours, for flights between 1,500-3,500 km 3 hours, and for longer flights 4 hours, passengers must be offered reasonable refreshments and meals.
Communication Rights: Regardless of the duration, in all disruptions, passengers must be provided with the opportunity to make two phone calls, send faxes, or emails.
Accommodation and Transfer: If the delay is expected to last one or more nights, hotel accommodation and transportation between the airport and the hotel must be covered by the airline.

Refund and Rerouting Options

When the delay exceeds 5 hours, the passenger is no longer obliged to take the flight. At this stage, two options must be offered to the passenger: either a full refund of the ticket price and return to the point of departure or reaching the destination at the earliest possible date or a later date preferred by the passenger. If the passenger chooses a refund, they have the right to get back the amount paid for the parts of the journey not carried out and the parts carried out but no longer serving any purpose within 7 days.

Class changes are also evaluated within this scope. If the passenger is placed in a lower class than reserved, a refund of 30%, 50%, or 75% is made based on the distance in addition to the ticket price difference.

Step 4: Analysis of “Extraordinary Circumstances” and “Reasonable Measures”

The most frequent defense used by airlines to avoid paying compensation is that the disruption was caused by “extraordinary circumstances” beyond their control. However, legislation and high court decisions clearly state that not every external event eliminates the liability for compensation.

Legal Status of Technical Failures

Technical failures in aircraft do not, as a rule, constitute an “extraordinary circumstance.” Maintenance of the aircraft, wear and tear of parts, or failures detected before the operation are considered a routine part of the air transport activity and an operational risk. The relevant decisions of the European Court of Justice and Turkish Court of Cassation precedents emphasize that the airline can only be relieved of liability if it proves situations such as a “hidden design flaw” or “sabotage by third parties.”

Adverse Weather and Air Traffic Restrictions

Adverse meteorological conditions are a valid excuse only in cases where they directly make flight safety impossible. For the airline to make this defense, it must prove that other companies at the same airport were similarly affected and that it took all reasonable measures (e.g., spare aircraft or crew planning). Air traffic control (ATC) restrictions are also generally accepted as situations beyond the airline’s control; however, the direct impact of this situation on the specific flight must be documented.

Situation	Considered Extraordinary?	Exceptions / Conditions
Technical Failure	No	Except hidden production flaws or sabotage.
Weather Conditions	Yes	Only if it directly affects flight safety.
Strike (Airline Personnel)	No	Considered a risk under the operator’s control.
Strike (Third Parties)	Yes	ATC or ground handling strikes.
Bird Strike	Controversial	The reasonableness of taken measures is examined.
Political Instability	Yes	War, riots, or security threats.

Step 5: Use of Administrative Application and Complaint Channels

The procedural path to be followed for the collection of compensation starts with direct communication with the airline and continues with administrative audit mechanisms.

First-Level Application to the Airline

Following a disruption, the passenger must first apply to the airline company that operated the flight with an official complaint form. Carriers provide special forms under headings such as “Passenger Rights” or “Feedback” on their websites. This application is a formal procedure that starts the legal process and interrupts the statute of limitations. Airlines often offer “travel vouchers” instead of cash payments at this stage. Passengers are not obliged to accept this voucher; it can only be a valid payment method with the passenger’s written consent.

Audit by the Directorate General of Civil Aviation (DGCA/SHGM)

If the airline company does not respond within 10 days or rejects the request unjustly, the next stop for passengers is the SHGM. SHGM is the authorized administrative authority that audits the implementation of the SHY-PASSENGER regulation. Complaints are carried out digitally through the KDMERP system accessed via the e-Government portal.

Power of Attorney and Personality: Applications must be made by the passenger personally or by their representative with a valid power of attorney. In applications made by intermediary institutions, it is mandatory to submit wet-signed documents to the institution.
Examination Process: SHGM examines the technical data of the flight, weather reports, and the airline’s defense. If a violation of the regulation is detected, administrative fines may be applied to the airline, and the passenger’s right to compensation is confirmed. However, since SHGM decisions are not in the nature of a court verdict, if the airline still does not pay, judicial remedies must be sought.

Step 6: Judicial Resolution and 2026 Consumer Arbitration Board Processes

Air transport contracts are characterized as “consumer transactions” within the scope of the Law on the Protection of Consumers. For this reason, Consumer Arbitration Boards and Consumer Courts are responsible for resolving disputes.

2026 Monetary Limits and Application Requirements

In applications to be made to Consumer Arbitration Boards, the value of the dispute must remain below the monetary limits redetermined every year. For the year 2026, this limit has been set at 186,000 TL. Since even the highest compensation for international flights (600 Euros) remains far below this limit (at current rates), applying to the Consumer Arbitration Board is a mandatory legal condition for flight compensation lawsuits.

Criterion	2026 Application	Legal Result
Monetary Limit	186,000 TL	All claims below this amount must go to the board.
Application Place	Consumer’s Residence	Fast application is possible via e-Government (TÜBIS).
Decision Time	Max 6 months	Can be extended for another 6 months for complex files.
Appeal Period	15 days from notification	Can be appealed to the Consumer Court.
Fee	Completely Free	No court fees or expert fees are charged to the consumer.

Enforceability and Appeal Process

Consumer Arbitration Board decisions can be followed through enforcement proceedings with a judgment. If the airline company does not comply with the decision, the passenger can put this decision into the enforcement office and collect their compensation together with the accrued legal interest. The company’s appeal to the court does not automatically stop the enforcement proceedings; for this, it is mandatory to obtain an “injunction for stay of execution” from the court.

Future of the Sector and Digitalization of Passenger Rights

The process of seeking rights in flight disruptions is rapidly moving away from traditional methods with the effect of digitalization. Today, passengers can track the real delay times of their flights and the status of other flights on the same route in real-time through global flight tracking platforms. This creates a transparent data environment that makes it impossible for airlines to hide behind “operational reasons.”

In the future, it is envisaged that regulations similar to SHY-PASSENGER will be integrated with blockchain-based “smart contracts.” In this system, when flight data enters a central system and the delay threshold is exceeded, it will be technically possible for the compensation to be automatically deposited into the passenger’s account. However, in the current legal order, following the 6 steps detailed above is the most reliable method for passengers.

In conclusion; although disruptions in air transport are inevitable, this does not mean that passengers waive their legal rights. Within the framework of 2026 legal limits, every passenger has the power to receive the legal equivalent of the time loss they have suffered through correct evidence collection and an effective administrative-judicial application process.

Critical Considerations in the Compensation Process

For the process to result in success, passengers must avoid some common mistakes. For example, the distinction between ticket cancellation and flight cancellation is of vital importance. Ticket cancellations made by the passenger’s own wish are not within the scope of SHY-PASSENGER; this situation is subject to the airline’s ticket rules. However, the airline’s cancellation of the flight is a situation that grants the passenger the right to compensation and care. Furthermore, for flight tickets purchased within the scope of package tours, both package tour legislation and passenger rights provisions must be evaluated together in case of cancellation.

Passengers should carefully examine the “conditions of carriage” of airlines when planning their travels, but they should know that these conditions can never override national regulations. Laws and regulations are mandatory rules of law and cannot be eliminated with fine print on the ticket. Every step in the rights-seeking process is not only an individual gain but also a step taken for the civil aviation ecosystem to achieve a fairer and more sustainable structure.

Our Latest Articles

« Previous Post