What rights do passengers have?
What rights do passengers have
Regulation (EC) No 261/2004 allows passengers to recover compensation of up to €600 from the airline. It lays down rules that apply throughout the EU, as well as in Iceland, Norway, Switzerland and the outermost regions – i.e. French Guiana, Martinique, Mayotte, Guadeloupe and Réunion, Saint-Martin, Madeira and the Azores and Canary Islands.
All flights departing from the European Union are covered by the provisions of the Passenger Rights Regulation, regardless of whether the flight is within the European Union or internationally. Flights arriving in the European Union are included, provided they are operated by an air carrier based in the European Union.
| Flight itinerary | Airline in Europe | Airline outside Europe |
|---|---|---|
| From EU to EU | The EU Regulation is applicable | The EU Regulation is applicable |
| From the EU to outside the EU | The EU Regulation is applicable | The EU Regulation is applicable |
| From outside the EU to the EU | The EU Regulation is applicable | EU Regulation not applicable |
| From outside the EU to outside the EU | EU Regulation not applicable | EU Regulation not applicable |
Example:
• from Bucharest to Paris with TAROM: the flight falls within the scope of the regulation on passenger rights egardless of the airline.
• from Paris to New York with Turkish Airlines: the flight falls within the scope of the Regulation, although it is operated by an airline outside Europe, as the aircraft departs from the EU.
• from Toronto to Amsterdam with AIR FRANCE: the flight falls within the scope of the Regulation, although it departs from outside the EU, as it is operated by a European airline.
• from Toronto to Amsterdam with Air Canada: the flight is outside the scope of the Regulation as it departs from outside the EU and is operated by an airline outside Europe.
The easiest way to find out if the Regulation applies to your flight and if you are entitled to compensation is to fill in the form in the “GET COMPENSATION” section.
Montreal Convention: passenger rights on international flights
The Montreal Convention applies to international flights and covers flights between signatory countries as well as domestic flights within a signatory country involving a planned stop in another country, regardless of whether that country has ratified the Montreal Convention.
| Flight itinerary | Planned connection | Applicability of the Montreal Convention |
|---|---|---|
| From one signatory country to another signatory country | Irrelevant | Yes |
| Within a single signatory country | No | No |
| Within a single signatory country | Yes, in a signatory country | Yes |
| Within a single signatory country | No, in a signatory country | Yes |
Example:
• Romania-Qatar flight (both countries are members): falls within the scope of the Montreal Convention
• Domestic flight within China (member country) without stopover: not covered by the Montreal Convention
• China-China flight with a stopover in Japan (member country): falls within the scope of the Montreal Convention
• China-China flight with a stopover in Bangladesh (not a member country): falls within the scope of the Montreal Convention
The Montreal Convention allows passengers to claim compensation for damages caused by interrupted travel, whether they are delayed, cancelled or denied boarding. The airline is liable for damages caused by delays in the carriage of passengers.
Unlike Regulation (EC) No 261/2004, the Montreal Convention only covers “damages” as a result of flight disruption, such as additional accommodation costs you had to incur as a result of a cancelled flight.
The term “damage” is interpreted by most countries as financial loss. Unlike Regulation (EC) No 261/2004, under the Montreal Convention you will not be compensated if you arrive late at your destination. When making a claim, you will be asked to provide proof of the extra cost of the journey.
In the event of death or personal injury to a passenger caused by an incident on board the aircraft or during any embarkation or disembarkation operation, the airline owes compensation in accordance with the Convention.
The Montreal Convention allows you to claim compensation for damages up to 2 years after the delayed flight. However, we recommend that you submit your claim as soon as possible after the delay.
The Montreal Convention allows you to claim up to 4,694 SDR (Special Drawing Rights) for damages caused by flight delay.
The Montreal Convention is not applicable when the interruption of the flight was caused by extraordinary circumstances. Such cases include adverse weather conditions, air traffic restrictions, collision of aircraft with a bird, medical emergency, security threats, political unrest, etc. The airline is not obliged to pay compensation if it has taken all necessary measures to prevent the interruption of the flight.
The easiest way to find out whether the provisions of the Convention apply to your flight and whether you are entitled to compensation is to fill in the form in the “GET COMPENSATION” section.
SHY Passenger” Regulation on Passenger Rights issued by the General Directorate of Civil Aviation of Turkey
The Regulation on Passenger Rights issued by the General Directorate of Civil Aviation of
Turkey “SHY Passenger” lays down rules for flights operated by airlines of Turkish origin to/from Turkish airports and by air carriers of foreign origin departing from Turkish airports.
SHY Passeneger allows passengers to recover compensation of up to €600 from the airline.
| Flight itinerary | World airline | Turkish-owned airline |
|---|---|---|
| From Turkey | The Regulation is applicable | The Regulation is applicable |
| To Turkey | Regulation not applicable | The Regulation is applicable |
The easiest way to find out if SHY Passenger is applicable to your flight and if you are entitled to compensation is to fill in the form in the “GET COMPENSATION” section.