Passenger Rights

Passenger Rights

    Passengers on the rights specified in this section every wish and contact details below to complaints in writing can contact our Customer Relations Department.

    Telephone: +90 850 210 66 66+90 850 210 66 66
    Fax: +90 212 468 66 91+90 212 468 66 91
    E-Mail: crm@onurair.com
    Address: Onur Air Taşımacılık A.Ş. Atatürk Havalimanı B Door Teknik Hangar Side Yeşilköy/İSTANBUL

     

     

     

     

     

     

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  • CHAPTER ONE
      • Purpose, Scope, Legal Basis, Definitions and Abbreviations

        Purpose

        ARTICLE 1 - (1) The purpose of this Regulation is to set out and regulate the rights conferred to the passengers travelling by air, and the cases for which such rights shall be applicable, and the minimum rights to be conferred to such passengers in case of denied boarding, cancellation or delay of the flights.

         

        Scope

        ARTICLE 2 - (1) This Regulation shall cover the passengers, who;

        a) have a confirmed reservation for the concerned flight regarding any and all scheduled or non-scheduled/charter flights which are either operated by the air transportation operators of Turkish origin from/to the airports located within the borders of the Republic of Turkey, or by the air transportation operators of foreign origin from the airports located within the borders of the Republic of Turkey; and

        1) apply for the check-in processes at the specified time and as prescribed beforehand and in writing (including by and through any electronic medium) by the air transportation operators, tour operators or authorized travel agencies; or

        2) prior to the period as prescribed by the airliner at the time of ticket sales, or if no time is prescribed at all, prior to forty five minutes at the latest before the announced departure time, excluding the cancellation of the flights specified under the Article 6;

        b) are transferred to another flight from the flight specified on the ticket, by an air transportation operator or a tour operator, regardless of the reason thereto;

        c) who travel by use of any pass/free tickets or discount tickets which are either directly or indirectly not for public use, or the passengers who travel by use of the collected miles or award tickets (mileage tickets).

        (2) This Regulation shall only be applicable to the passengers, who are transported by engine driven and fixed-wing aircrafts.

        (3) This Regulation shall not impair and/or otherwise affect the rights granted by and through the "Regulation on the Procedures and Principles for the Implementation of the Package Tour Agreements" issued on the Official Gazette dated 13/06/2003 numbered 25137, of the passengers. This Regulation shall not be applicable for the cases of cancellation of the package tour for any reasons other than the cancellation of the flight.

         

        Legal Basis

        ARTICLE 3 - (1) This Regulation is drawn up on the basis of;

        a) sub-paragraph (g) of the first paragraph of Article 9 of the Law on the Organization and Duties of the Directorate General of Civil Aviation, dated 10/11/2005, numbered 5431,

        b) and in parallel with the Regulation (EC) No 261/2004 of the European Parliament and Council of 11 February 2004.

         

        Definitions

        ARTICLE 4 - (1) The following terms contained herein shall have the following meanings;

        a) Ticket: shall mean the document either in printed or electronic form which is issued or approved by the air transportation operator or the authorized agency thereof and which vests a passenger the right of being transported;

        b) Great circle method: shall mean the method which is used for determining the shortest distance between two points ((DİSTij=3962.6*arccros((sin(Yi)*sin(Yj))+(cos(Yi)*cos(Yj)*cos(Xi-Xj))) X shall mean the longitude value measured as the degree multiplied by 57.3 for converting to radian; and Y shall mean the latitude value multiplied by -57.3);

        c) Directorate General: shall mean the Director General of Civil Aviation;

        d) Volunteer: shall mean the person who voluntarily agrees to waive from the flight in consideration of the benefits to be offered by the air transportation operator, which operates the flight, by accepting the conditions to be introduced by the air transportation operator, and who responds positively to the call of the air transportation operator to the passengers, although possessing a ticket the reservation of which is confirmed in accordance with the matters prescribed within the first paragraph of Article 2.

        e) Person with Reduced Mobility: shall mean any person, the mobility, during the utilization from the transportation service, of whom is reduced due to any physical disablement (either sensually, mentally or physically whether permanent or temporarily), mental disablement, age or such other disablement, and the situation of whom requires intimate care and adaption compared to the services offered to the passengers in general;

        f) Airport Operator: shall mean the public institutions and organization and the real or legal persons which are in charge of and responsible for the operation of an airport;

        g) Air Transportation Operator: shall mean a commercial air transportation operator which holds a valid air operator certificate;

        h) Cancellation: shall mean the non-performance of a flight, which is planned/scheduled beforehand, and for which at least one seat is booked;

        i) Force Majeure: shall mean the situations such as the meteorological conditions, natural disasters, security risks, unforeseen defects in terms of flight safety, and strikes, in particular the political unrests, which do not allow for the operation of the concerned flight, and which impairs and negatively affects the functioning and operation of the air transportation operator performing the flight;

        j) Package Tour: shall mean the tours, by which at least the two of transportation, accommodation and other touristic services which are not considered as ancillary thereto are sold together, and which are sold as all inclusive, or which are promised to be sold so, and the service of which lasts for a period longer than twenty four hours, or which involves overnight accommodation;

        k) Booking/Reservation: shall mean the passenger's possessing a ticket or an approved document issued by the airliner or the tour operator, which represents that the passenger is admitted or enlisted to a certain flight by the air transportation operator or the tour operator;

        l) Travel Agency: shall mean the commercial enterprise which offers transportation, accommodation, tour, sports and entertainment amenities for the tourists, with the aim of profit gaining, and which provides information to the same in relation to tourism, and which provides any and all services in relation thereto;

        m) Final Destination: shall mean the destination specified on the ticket, if it is assumed that the pre-planned (estimated) time of arrival can be met, provided that the appropriate connection flights are not taken into account, or shall mean the destination of the final flight;

        n) Scheduled Flight: shall mean the flight, the time of departure and the fare of which are announced beforehand, and which is operated in a regular arrangement as open to public;

        o) Non-Scheduled (Charter) Flight: shall mean the flight, which is irregularly operated, other than the scheduled flights;

        q) Tour Operator: shall mean the person who organizes package tours either consistently or from time to time, or who sells or offers for sale such tours either directly or through any sales representatives;

        p) Denied Boarding: shall mean the denial of the boarding of any passenger although the same holds a valid ticket with a confirmed reservation (booking) record for admittance to the flight, except for the cases where there are reasonable grounds for the denied boarding of such passenger such as medical condition, safety, security, inappropriate travel documents, within the framework of the matters specified within the first paragraph of Article 2;

        r) Operating air transportation operator: shall mean the air transportation operator which operates or plans to operate a flight with a passenger in accordance with an agreement, or on behalf of any legal or real person who has entered into an agreement with such passenger;.

        s) Check-in: shall mean the process for the determination of the seat of a passenger onboard and the delivery of the baggage, if any;

        t) Ground Handling Company: shall mean the company, which bears the status of a private legal person, who has obtained an operating license (working license) in order to perform ground handling services at the airports in accordance with the provisions of the Regulation on Airports Ground Handling Services (SHY-22), which was issued on the Official Gazette dated 28/08/1996, numbered 22741;

        u) Passenger: shall mean any person who travel by air.

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  • CHAPTER TWO
      • Principles for Implementation

        Denied Boarding

        ARTICLE 5 - (1) In the event that denied boarding is stipulated for a flight, the operating air transportation operator shall primarily make an announcement in order to find any volunteers who would waive from their bookings in consideration of the benefits to be agreed between the concerned passenger and the operating air transportation operator; and shall provide assistance to such volunteers in accordance with the provisions of the Article 9.

        The mentioned assistance shall be carried out as supplemental to the benefits specified herein.

        (2) In the event that the number of the shown up volunteers is not sufficient to allow for the boarding of the remaining passengers with booking, then the operating air transportation operator may not admit such passengers onboard the aircraft, without considering their will thereto.

        (3) In case of any denied boarding without considering the will of the passengers thereto, the operating air transportation operator shall be obliged to immediately fulfill its obligations which are specified under the Articles 8, 9 and 10.

         

        Cancellation of the Flights

        ARTICLE 6 - (1) In case of cancellation of a flight, the operating air transportation operator shall;

        a) offer assistance to the concerned passengers in accordance with the provisions of Article 9;

        b) shall offer assistance to the concerned passengers in accordance with the sub-paragraph (a) of the first paragraph of Article 10, and the second paragraph of the same article, and shall offer the additional assistance specified within the sub-paragraphs (b) and (c) of the first paragraph of Article10 incase the route is changed, if the expected time of departure of the next flight corresponds to the day or days following the scheduled time of departure for the cancelled flight.

        (2) In accordance with the provisions of Article 8, the passengers shall be entitled to receive compensation from the operating air transportation operator, unless they are;

        1) notified about the cancellation at least two weeks prior to the scheduled time of departure,

        2) are notified about the cancellation within a period of time to start from the two weeks to seven days to the scheduled time for departure; are offered with the change of the route, which allows for their departure and arrival at their final destinations at most four hours after the scheduled time for arrival, at least two hours prior to the scheduled time for departure,

        3) are notified about the cancellation within a period of time which is shorter than seven days to the scheduled time for departure, and are offered with the change of the route, which allows for their leaving at most one hour prior to the scheduled time for departure, and their arrival at their final destinations at most two hours after the scheduled time for arrival,

        (3) In the event that the passengers are notified about the cancellation, the operating air transportation operator shall also be obliged to inform the passengers about any possible alternative means of transportation.

        (4) The operating air transportation operator shall not be obliged to pay any compensation in accordance with the provisions of Article 8, if it proves that the cancellation is caused by Force Majeure although it has taken all the requisite measures thereto.

        (5) The burden of proof for whether the passengers are notified about the cancellation or not, and for the time of such notification, shall belong to the operating air transportation operator.

        (6) In the event that the passenger contact details are not provided to the air transportation operator, or the air transportation operator is misinformed about the same, although it has requested such details, then the air transportation operator shall be relieved of its obligation.

         

        Delay of the Flights

        ARTICLE 7 - (1) The operating air transportation operator shall offer the following options to the passengers, if the flight is expected to be delayed for a time which would last;

        a) for two hours or over, for the flights which are shorter than1500 kilometers(1500 kmincluded), and which are operated at domestic lines,

        b) for three hours or over, for the flights which are between 1500 to3500 km(3500 kmincluded);

        c) for four hours or over; for the flights which are longer than3500 kilometers;

        as of the scheduled time for departure of a flight.

        1) The assistance which is specified within the sub-paragraph of the first paragraph of Article 10, and the second paragraph of the same article;

        2) In the event that the expected time of departure corresponds to a time which is within the day or the days following the time of departure announced beforehand, the assistance which is specified within the sub-paragraphs (b) and (c) of the first paragraph of Article 10;

        3) If such delay lasts for at least five hours, the assistance which is specified within the sub-paragraph (a) of the first paragraph of Article 9.

        (2) The operating air transportation operator shall be obliged to offer assistance to the passengers within the above-mentioned time limits regarding each distance range, during any circumstances which are specified within the first paragraph.

         

        Right to Compensation

        ARTICLE 8 - (1) In case of any reference to this article, the passengers shall be paid a compensation at the amount corresponding to the equivalent of 100 Euros in Turkish Liras, for the flights which are operated at domestic lines. For the flights which are operated at the international lines, the compensation to be paid to the passengers shall be as follows;

        a) for all the flights which are1500 kilometersor shorter, the amount corresponding to the equivalent of 250 Euros in Turkish Liras;

        b) for the flights which are between 1500 to3500 kilometers, the amount corresponding to the equivalent of 400 Euros in Turkish Liras;

        c) for the flights which are longer than3500 kilometers, the amount corresponding to the equivalent of 600 Euros in Turkish Liras. The equivalent of the compensation amounts in Turkish Liras shall be calculated by taking the selling rate of exchange of the Central Bank of the Republic of Turkey applicable at the day on which the ticket is sold, that is to say, the date on which the payment for the ticket is effectuated, as the basis.

        (2) For the determination of the distance in case of denied boarding or cancellation, the scheduled final destination shall be taken as the basis.

        (3) In the event that the passengers are offered with a change of route to their final destinations by an alternative flight which does not exceed the scheduled time of arrival of the booked flight, pursuant to the Article 9, for;

        a) two hours for the flights which are1500 kilometers(1500 kmincluded) or shorter;

        b) three hours for the flights which are between 1500 to3500 km(3500 kmincluded);

        c) the operating air transportation operator may reduce the compensation, which is specified within the first paragraph, at the rate of 50%.

        (4) The compensation, which is specified within the first paragraph, may be paid either in cash, by electronic bank transfer, bank orders or bank cheques. However, such compensation may also be paid in travel vouchers and/or other services, with the signed agreement of the passenger.

        (5) For the calculation of the distances, which are specified within the first and the second paragraph, the great circle method shall be employed.

         

        Right to refund or change of route

        ARTICLE 9 - (1) In case of any reference to this article, the passengers shall be vested with the right to prefer any of the following options:

        a) In the event that the completion of the non-performed sector or the sectors of the travel, and the travel which the passenger has planned to perform, becomes meaningless, then the refund of the whole fare paid for the ticket, over the price for which it was sold, within seven days at the latest, in cash or by electronic bank transfer, bank orders, bank cheques, or by travel vouchers and/or in the form of such other services, in case of the agreement of the passenger thereto as signed, for the performed sector or sectors of the travel; besides, providing for a return flight free of charge, which will enable the passenger to return to the origin of the travel of such passenger at the earliest opportunity.

        b) Providing for the change of route to the final destination at the earliest opportunities under the similar conditions of carriage.

        c) Depending on the seat availability, performing a change of route to the final destination, under the similar conditions of carriage, at a future date which the passenger deems to be appropriate.

        (2) The provisions, which are specified within the sub-paragraph (a) of the first paragraph, shall be applicable also to the passengers, the flights of whom constitute a part of a package, excluding the right to compensation which may arise due to the provisions of the Regulation on the Procedures and Principles for the Implementation of the Package Tour Agreements.

        (3) In the event that multiple airports serve for a city or a region, in case the operating air transportation operator offers a flight to an alternative airport to the passengers, the bookings (reservations) of whom are confirmed, then the operating air transportation operator shall be obliged to cover the expense incurred for the transfer of such passengers from such alternative airport to the airport for which the booking (reservation) of such passengers are confirmed, or to any such other vicinal destination which is agreed by such passengers.

         

        Right to Service

        ARTICLE 10 - (1) In case of any reference to this article, the following services shall be provided to the passengers as free of charge.

        a) Correspondingly to the waiting period;

        1) Hot and cold beverages at reasonable volume, for the delays which last for two to three hours;

        2) hot and cold beverages and breakfast or lunch/dinner, depending on the time of the day, for the delays which last for three to five hours;

        3) Hot and cold beverages and breakfast or lunch/dinner, depending on the time of the day, additional hot and cold beverages and additional entrees, for the delays which last for five hours and over;

        b) In the event that overnight accommodation for one or more night(s) becomes required, or a need for additional accommodation of the passenger arises, accommodation at a hotel or at an appropriate facility (rest area);

        c) The transportation from - to the airport and the place of accommodation (hotel or such other place).

        (2) In addition to the services specified within the first paragraph, the operating air transportation operator shall be obliged to offer the passengers two telephone calls with no time limitation, fax messages or e-mail services as free of charge.

        (3) The operating air transportation operator shall be obliged to provide intimate care particularly for meeting the needs of the persons with reduced mobility and the accompanying persons thereto and the children travelling alone, specified under this article.

         

        Upgrading or Downgrading

        ARTICLE 11 - (1) The operating air transportation operator may not ask for any additional payments if it upgrades a passenger to a higher class than the one for which the passenger has purchased the ticket.

        (2) In the event that the operating air transportation operator downgrades a passenger to a lower class than the one for which the passenger has purchased the ticket, then it shall be obliged to pay such passenger, within seven days, either in cash or by electronic bank transfer, bank orders, bank cheques, or by travel vouchers and/or in the form of such other services, in case of agreement of the passenger thereto as signed, the following amount in addition to the refund of the price difference between the fares;

        a) the 30% of the fare, for the flights which are1500 kilometers(1500 kmincluded) or shorter;

        b) the 50% of the fare, for the flights which are between 1500 to3500 km(3500 kmincluded);

        c) the 75% of the fare for the flights which are longer that3500 kilometers;

        (3) For the refund of the fare for the cases of downgrading, the price which was applicable on the date of purchase of the ticket shall be taken as the basis.

         

        Persons with Reduced Mobility or Special Needs

        ARTICLE 12 - (1) The operating air transportation operators shall grant priority for the transportation of the persons with reduced mobility and the accompanying persons thereto, as well as the certified mobility assistance dogs, and the children travelling alone.

        (2) In case of any denied boarding, cancellation and delay, the persons with reduced mobility and the accompanying persons thereto, and the children travelling alone shall be entitled to be provided with service within the shortest time, in accordance with the provisions of Article 10.

         

        Right to Extra Compensation

        ARTICLE 13 - (1) The passengers shall reserve the right to claim any compensation arising from such other laws and regulations. Any compensation, which is paid within the framework of this Regulation, may be deducted from such other compensation.

        (2) Save for the provisions of the related legislation, the right to claim the compensation set out within the first paragraph shall not be applicable to the passengers, who have voluntarily waived from their bookings (reservations) in accordance with the provisions of the first paragraph of Article 5.

         

        Fulfillment of the Right to Compensation

        ARTICLE 14 - (1) Upon the fulfillment of the obligation for the payment of the compensation, or of such other obligations within the framework of this Regulation, by the operating air transportation operator, no provision of the Regulation may be construed as to limit and/or restrict any right to claim any compensation from any persons, including the third persons, in accordance with the applicable laws.

        (2) This Regulation may not restrict or limit the right to claim any compensation from a tour operator by the operating air transportation operator, or from any other person with whom the operating air transportation operator has entered into an agreement, in particular.

        (3) No provision of this Regulation may be construed as to limit and/or restrict the right to claim any payment or compensation from the operating air transportation operator, according to the relevant applicable laws, of the tour operator and such other third person with whom the operating air transportation operator has entered into an agreement, excluding the passengers.

         

        The Obligation to State the Passengers' Rights

        ARTICLE 15 - (1) The operating air transportation operator shall be obliged to ensure that a statement, which contains the wording reading as "In the event that your boarding to the aircraft is denied, your flights is cancelled or delayed for at least two hours, please ask for the text which specifies your rights regarding the services to be provided your party, from the check-in counters or the boarding gate", in both Turkish and English, is easily and legibly visible to the passengers during the check-in process.

        (2) The air transportation operator which denies the boarding of a passenger, or which cancels a flight, shall be obliged to provide each passenger affected thereby a written statement which indicates the terms and conditions for compensation and assistance in accordance with this Regulation. Furthermore, the operating air transportation operator shall be obliged to notify each passenger affected thereby, about any delays which would last for at least two hours, either verbally, in writing or in electronic format.

        (3) During the exercise of the provisions set out herein, the appropriate alternative methods shall be employed for the visually handicapped persons.

         

        Exclusion of Waiver

        ARTICLE 16 - (1) Pursuant to this Regulation, the obligations against the passengers may not be limited and/or restricted with the provisions set out in particular within the carriage contracts, or no exemption may be granted for such obligations.

        (2) In the event that the rights thereof are not declared to the passengers in accordance with the provisions of this Regulation, and even in the event that the passengers agree to receive any compensation, the amount of which are lower than the one prescribed herein, the passengers shall be entitled to take any requisite legal actions and/or proceedings before the competent courts and/or authorities, in order to receive any additional compensation.

         

        Change of the Final Destination

        ARTICLE 17 - (1) In the event that the final destination specified on the ticket is changed by the air transportation operator due to any Force Majeure, and the flight is ended at a different airport, then the air transportation operator shall be obliged to provide for the passengers' arrival at the final destination specified on the ticket, within the shortest time, by employing any possible available means of transport thereto.

         

        Agreements

        ARTICLE 18 - (1) In order for not to cause for any passenger grievances either in respect of legal and/or financial terms during the fulfillment and exercise of the provisions of this Regulation, the air transportation operators may insert any provisions, which include the requisite measures, into the agreements to be entered into by and between them and any third persons.

         

        Right to Appeal of the Passengers

        ARTICLE 19 - (1) In case of any breach and/or violation of the provisions of this Regulation, the right to appeal of the passengers shall be reserved.

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  • CHAPTER THREE
      • Miscellaneous and Final Provisions

        Supervision and Sanctions

        ARTICLE 20 - (1) Any and all operators, which fall into the scope of this Regulation, shall be supervised by the Directorate General of Civil Aviation. Any corporations or enterprises, which do not adhere to the terms and conditions prescribed within this Regulation, shall be subject to sanctions and/or proceedings as per the Article 143 of the Turkish Civil Aviation Law, dated 14/10/1983 and numbered 2920.

         

        Effectiveness

        ARTICLE 21 - (1) This Regulation shall come into effect on 01/01/2012.

         

        Enforcement

        ARTICLE 22 - (1) The provisions of this Regulation shall be enforced by the Director General of Civil Aviation.

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