Responsibilities of Airlines Regarding Delayed Flights and Baggage Loss/Damage According to Turkish Aviation Law

Turkish Aviation Law clearly defines the responsibilities of airlines to protect the rights of passengers. Particularly in cases of flight delays and baggage loss or damage, the legal rights provided to passengers are in line with international regulations. Similar to the EU Regulation EC 261/2004, regulations in Turkey also provide various rights for both domestic and international flights.

1. Flight Delays

The responsibility of airlines in cases of flight delays aims to minimize passenger inconvenience. According to the relevant provisions of the Turkish Civil Aviation Law, airlines are required to provide various services based on the duration of the delay:

• For delays of more than two hours: Passengers must be offered complimentary food and drinks.
• Long delays (5 hours or more): In this case, passengers have the right to cancel the flight and request a refund for their ticket.
• Alternative flights or accommodation: If the flight is postponed to the next day, the airline is obligated to provide passengers with accommodation and transfer services. These regulations particularly aim to reduce passenger losses in delays not attributed to "force majeure."

2. Baggage Loss and Damage

In cases of baggage loss or damage, airlines are required to pay compensation according to the Turkish Civil Aviation Law and the Montreal Convention. The rights of passengers regarding baggage loss or damage can be summarized as follows:

• Baggage loss: Passengers must notify the airline in writing no later than 21 days after discovering the loss. Compensation can be claimed up to a specified limit in the event of baggage loss.
• Baggage damage: For damaged baggage, passengers must file a complaint within 7 days of receiving the baggage. The airline will compensate based on the extent of the damage.
• Compensation limits: According to the Montreal Convention, airlines are obliged to pay compensation of approximately 1,288 Special Drawing Rights (SDR) for baggage loss or damage.

3. Legal Processes and Compensation Claims

Airlines are required to address passengers' legal claims regarding delays, baggage loss, or damage in a timely manner. If passengers' grievances are not resolved, they can pursue their rights through legal avenues. Seeking legal assistance can facilitate a smoother process.

In this context, passengers facing issues like flight delays or baggage loss/damage have broad rights under the Turkish Civil Aviation Law, the Montreal Convention, and international aviation regulations. It is important for travelers from Germany to Turkey to be aware of the regulations in both countries to fully benefit from their rights.

Engaging the services of a lawyer specialized in aviation law can help ensure that the process progresses quickly and efficiently.