SHY-YOLCU - Turkey’s air passenger rights regulation

SHY-YOLCU, also known as SHY-PASSENGER, is Turkey’s Regulation on the Rights of Passengers Travelling by Air. It governs passenger rights in the event of denied boarding, cancellation and delay of certain flights to and from Turkey. It is modelled on Regulation (EC) No 261/2004, has been in force since 1 January 2012 and was amended in 2020 and 2024.

Which flights it applies to

• flights departing from a Turkish airport, regardless of the carrier;
• flights to Turkey when the flight is operated by a Turkish carrier.

The Regulation covers all flights - both scheduled and non-scheduled, including charter flights.

Amount of compensation

• €100 per passenger for domestic flights;
• €250 per passenger for international flights of up to 1,500 km;
• €400 per passenger for international flights between 1,500 and 3,500 km;
• €600 per passenger for international flights over 3,500 km.

The amounts are set in euros. Their equivalent in Turkish lira is calculated at the selling rate of the Central Bank of the Republic of Turkey for the day of payment.

A right to compensation may arise in the event of denied boarding, cancellation and, from 10 December 2024, a delay for technical and operational reasons where the passenger arrives at the final destination 3 or more hours late. The conditions and exceptions are set out in the relevant articles of the Regulation. The carrier may reduce the compensation by half if it offers re-routing on which the passenger arrives within 2, 3 or 4 hours of the scheduled time, depending on the distance.

Below is the text of the Regulation on the Rights of Passengers Travelling by Air (SHY-YOLCU) in its current version, including the amendments of 25 March 2020 and 10 December 2024.

Note on the translation. The official text is in Turkish and is published by the Directorate General of Civil Aviation of Turkey (SHGM). The translation is by Aeroisk, based on the current consolidated version. The letters of the points are kept as in the original. The amendment notes follow the official text; RG stands for Resmî Gazete, the Official Gazette of Turkey.

REGULATION ON THE RIGHTS OF PASSENGERS TRAVELLING BY AIR

(SHY-YOLCU)

SECTION ONE

Purpose, scope, legal basis, definitions and abbreviations

Purpose

Article 1

(1) The purpose of this Regulation is to determine and regulate the rights of passengers travelling by air and the cases in which these rights apply, as well as the minimum rights of passengers when they are denied boarding, or their flights are cancelled or delayed.

Scope

Article 2

(1) This Regulation covers:

a) passengers who have a confirmed reservation on the flight concerned on all scheduled and non-scheduled flights operated by Turkish air carriers to and from airports in Turkey, and by foreign air carriers from airports in Turkey, and who, except in the case of cancellation referred to in Article 6, present themselves for check-in:

1) at the time and in the manner indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agency, or

2) before the time indicated by the airline when selling the ticket or, if no time is indicated, not later than forty-five minutes before the published departure time;

b) passengers who have been transferred by an air carrier or tour operator, irrespective of the reason, to a flight other than the one indicated on the ticket;

c) passengers travelling free of charge, passengers travelling on a reduced-fare ticket not available directly or indirectly to the public, and passengers travelling with accumulated miles or points.

(2) This Regulation applies only to passengers carried by motorised fixed-wing aircraft.

(3) This Regulation does not affect the rights of passengers under the Regulation on the Procedures and Principles for the Implementation of Package Tour Contracts, published in Resmî Gazete No 25137 of 13.6.2003. This Regulation does not apply where a package tour is cancelled for a reason other than the cancellation of the flight.

Legal basis

Article 3

(1) This Regulation has been prepared:

a) (Amended - RG No 32748 of 10.12.2024) on the basis of Article 441(1)(c), sub-point 7 of Presidential Decree No 4 on the Organisation of Institutions and Organisations Affiliated, Related and Associated with Ministries and of Other Institutions and Organisations;

b) in parallel with Regulation (EC) No 261/2004 of the European Union of 11.2.2004.

Definitions

Article 4

(1) For the purposes of this Regulation:

a) “Ticket” means a valid printed or electronic document issued or approved by the air carrier or its authorised agent, giving entitlement to carriage;

b) “Great circle method” means the method used to find the shortest distance between two points (DİSTij=3962.6*arccros((sin(Yi)*sin(Yj))+(cos(Yi)*cos(Yj)*cos(Xi-Xj))), where X is the longitude measured in degrees and multiplied by 57.3 to convert it into radians, and Y is the latitude multiplied by -57.3);

c) “Director General” means the Director General of Civil Aviation;

ç) “Volunteer” means a person who, although holding a ticket with a confirmed reservation under Article 2(1), is prepared, of their own free will and accepting the conditions of the operating air carrier, to give up the flight in exchange for benefits offered, and who responds positively to the carrier’s call to passengers;

d) “Person with reduced mobility” means any person whose mobility when using transport is reduced due to any physical disability (sensory, mental or physical, permanent or temporary), intellectual impairment, age or any other cause, and whose situation needs special attention and the adaptation of the services made available to all passengers to that person’s needs;

e) “Airport operator” means the public institutions and organisations, as well as the natural persons and private-law legal persons, responsible for the operation of the airport;

f) “Air carrier” means a commercial air transport undertaking with a valid operating licence;

g) “Cancellation” means the non-operation of a previously planned flight on which at least one seat was reserved;

ğ) “Extraordinary circumstances” means circumstances affecting the operation of the operating air carrier, in particular political instability, meteorological conditions incompatible with the operation of the flight concerned, natural disasters, security risks, unexpected flight safety shortcomings and strikes;

h) “Package tour” means a tour in which at least two of the services of transport, accommodation and other tourist services not ancillary to them are sold or offered for sale together at an all-inclusive price, and which covers a period of more than twenty-four hours or includes overnight accommodation;

ı) “Reservation” means the situation in which the passenger holds a ticket, or a document issued and confirmed by the airline or tour operator, showing that the passenger has been accepted and registered for a particular flight by the air carrier or tour operator;

i) “Travel agency” means commercial organisations which, for profit, provide tourists with transport, accommodation, excursions, sports and entertainment, provide them with tourism-related information and perform all services in this field;

j) “Final destination” means the destination shown on the ticket or, in the case of directly connecting flights, the destination of the last flight, available alternative connecting flights not being taken into account if the originally planned arrival time can be respected;

k) “Scheduled flight” means a flight operated according to a set pattern and open to the public, whose departure times and fares are announced in advance;

l) “Non-scheduled flight” means a flight operated outside scheduled flights, without being bound by a set pattern;

m) “Tour operator” means a person who, permanently or occasionally, organises package tours and sells them or offers them for sale directly or through a sales agent;

n) “Denied boarding” means a refusal to carry passengers on a flight, although they hold a valid ticket with a confirmed reservation for the flight under Article 2(1), except where there are reasonable grounds for the refusal, such as reasons of health, safety or security, or inadequate travel documentation;

o) “Operating air carrier” means an air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another legal or natural person having a contract with that passenger;

ö) “Check-in” means the allocation of the seat on the aircraft and the handing over of baggage, if any;

p) “Ground handling organisation” means an organisation with the status of a private-law legal person that has obtained a licence to provide ground handling services at airports in accordance with the Airport Ground Handling Regulation (SHY-22), published in Resmî Gazete No 22741 of 28.8.1996;

r) “Passenger” means a person travelling by air.

SECTION TWO

Principles of application

Denied boarding

Article 5

(1) Where an operating air carrier expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits agreed between the passenger concerned and the operating air carrier. Volunteers shall be assisted in accordance with Article 9, in addition to the benefits under this paragraph.

(2) If an insufficient number of volunteers comes forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may deny boarding to passengers against their will.

(3) Where passengers are denied boarding against their will, the operating air carrier shall immediately fulfil the obligations under Articles 8, 9 and 10.

Cancellation of flights

Article 6

(1) In the event of cancellation of a flight, the operating air carrier shall:

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

b) offer the passengers concerned assistance in accordance with Article 10(1)(a) and Article 10(2). In the event of re-routing, where the expected departure time of the new flight is on the day or days after the planned departure time of the cancelled flight, it shall also offer the assistance under Article 10(1)(b) and (c).

(2) Passengers are entitled to compensation from the operating air carrier in accordance with Article 8:

1) if they are not informed of the cancellation at least two weeks before the scheduled time of departure;

2) if they are not informed of the cancellation between two weeks and seven days before the scheduled time of departure and are not offered re-routing allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination no more than four hours after the scheduled time of arrival;

3) if they are not informed of the cancellation less than seven days before the scheduled time of departure and are not offered re-routing allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination no more than two hours after the scheduled time of arrival.

(3) When passengers are informed of the cancellation, the operating air carrier shall also inform them of possible alternative means of transport.

(4) The operating air carrier shall not be obliged to pay compensation in accordance with Article 8 if it can prove that the cancellation was caused by extraordinary circumstances despite all measures having been taken.

(5) The burden of proof as to whether and when the passenger was informed of the cancellation of the flight shall rest with the operating air carrier.

(6) The air carrier is released from liability if the passenger has not provided their contact details, or has provided them incorrectly, although the carrier requested them.

Delay of flights

Article 7

(1) Where the operating air carrier expects a flight to be delayed beyond its scheduled time of departure by:

a) two hours or more for flights of up to 1500 kilometres (including 1500 km) and for domestic flights;

b) three hours or more for flights between 1500 and 3500 kilometres (including 3500 km);

c) four hours or more for flights of more than 3500 kilometres,

it shall offer passengers:

1) the assistance under Article 10(1)(a) and Article 10(2);

2) the assistance under Article 10(1)(b) and (c), if the expected time of departure is on the day or days after the previously announced time of departure;

3) the assistance under Article 9(1)(a), where the delay is at least five hours.

(2) In all cases under paragraph 1, the operating air carrier shall offer passengers assistance within the time limits set out above for each distance bracket.

(3) (Added - RG No 32748 of 10.12.2024) Where flights are delayed for technical and operational reasons and the passenger arrives at the planned final destination 3 or more hours late, the operating air carrier shall immediately fulfil the obligations under Articles 8 and 9.

Right to compensation

Article 8

(1) (Amended - RG No 32748 of 10.12.2024) Where reference is made to this Article, passengers shall receive compensation of 100 euros for domestic flights. For international flights, passengers shall receive compensation of:

a) 250 euros for all flights of 1500 kilometres or less;

b) 400 euros for all flights between 1500 and 3500 kilometres;

c) 600 euros for all flights of more than 3500 kilometres.

In calculating the Turkish lira equivalent of compensation claims, the foreign exchange selling rate of the Central Bank of the Republic of Turkey for the day on which the compensation is paid shall be used.

(2) In the event of denied boarding or cancellation, the distance shall be determined on the basis of the planned final destination.

(3) Where passengers are offered, in accordance with Article 9, re-routing to their final destination on an alternative flight whose arrival time does not exceed the scheduled arrival time of the flight originally booked by more than:

a) two hours for flights of up to 1500 kilometres (including 1500 km);

b) three hours for flights between 1500 and 3500 kilometres (including 3500 km);

c) four hours for flights of more than 3500 kilometres,

the operating air carrier may reduce the compensation under paragraph 1 by 50 %.

(4) The compensation under paragraph 1 may be paid in cash, by electronic bank transfer, bank payment order or bank cheque. With the written agreement of the passenger, it may also be paid in travel vouchers and/or other services.

(5) The distances under paragraphs 1 and 2 shall be calculated by the great circle method.

Right to reimbursement or re-routing

Article 9

(1) Where reference is made to this Article, passengers shall be offered the choice between:

a) reimbursement of the full cost of the ticket, at the price at which it was bought, for the part or parts of the journey not made and, if the journey planned by the passenger no longer serves any purpose, for the part or parts already made. Reimbursement shall be made within seven days, in cash, by electronic bank transfer, bank payment order or bank cheque or, with the written agreement of the passenger, in travel vouchers and/or other services. In addition, the passenger shall be provided with a free return flight to the first point of departure at the earliest opportunity;

b) re-routing to the final destination at the earliest opportunity, under comparable transport conditions;

c) re-routing to the final destination at a later date at the passenger’s convenience, subject to availability of seats, under comparable transport conditions.

(2) Paragraph 1(a) shall also apply to passengers whose flights form part of a package tour, except for the right to compensation that may arise under the Regulation on the Procedures and Principles for the Implementation of Package Tour Contracts.

(3) Where a town or region is served by more than one airport and the operating air carrier offers passengers with a confirmed reservation a flight to an alternative airport, it shall bear the cost of transferring the passenger from that airport to the airport for which the booking was made, or to another close-by destination accepted by the passenger.

Right to care

Article 10

(1) Where reference is made to this Article, passengers shall be provided free of charge with the following services:

a) depending on the waiting time:

1) for delays of between two and three hours - hot and cold drinks in reasonable quantities;

2) for delays of between three and five hours - hot and cold drinks, and breakfast or a meal depending on the time of day;

3) for delays of five hours or more - hot and cold drinks and breakfast or a meal depending on the time of day, additional hot and cold drinks and an additional light meal;

b) accommodation in a hotel or other suitable accommodation where a stay of one or more nights, or a stay additional to that intended by the passenger, becomes necessary;

c) transport between the airport and the place of accommodation (hotel or other).

(2) In addition to the services under paragraph 1, passengers must be offered free of charge and without time limit two telephone calls, two fax messages or two e-mails.

(3) The operating air carrier shall pay particular attention to the needs under this Article of persons with reduced mobility and any persons accompanying them, as well as of unaccompanied children.

Upgrading and downgrading

Article 11

(1) If the operating air carrier places a passenger in a higher class than that for which the ticket was purchased, it may not request any supplementary payment.

(2) If the operating air carrier places a passenger in a lower class than that for which the ticket was purchased, in addition to refunding the difference between the ticket prices, it shall pay the passenger within seven days, in cash, by electronic bank transfer, bank payment order, bank cheque or, with the written agreement of the passenger, in travel vouchers and/or other services:

a) 30 % of the price of the ticket for flights of up to 1500 kilometres (including 1500 km);

b) 50 % of the price of the ticket for flights between 1500 and 3500 kilometres (including 3500 km);

c) 75 % of the price of the ticket for flights of more than 3500 kilometres.

(3) In the event of downgrading, the refund shall be based on the prices on the date of purchase of the ticket.

Persons with reduced mobility or special needs

Article 12

(1) Operating air carriers shall give priority to carrying persons with reduced mobility and any persons accompanying them, certified guide dogs accompanying them, and unaccompanied children.

(2) In cases of denied boarding, cancellation and delays of any kind, persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, shall have the right to receive services in accordance with Article 10 as soon as possible.

Right to compensation

Article 13

(1) The right of passengers to claim compensation under other laws and regulations is reserved. The compensation paid under this Regulation may be deducted from the compensation due under the other laws and regulations.

(2) Without prejudice to the provisions of the relevant legislation, the right to claim the compensation under paragraph 1 shall not apply to passengers who have voluntarily surrendered their reservations under Article 5(1).

Fulfilment of the right to compensation

Article 14

(1) Where the operating air carrier pays compensation or fulfils its other obligations under this Regulation, no provision of this Regulation may be interpreted as restricting its right to seek compensation from any person, including third parties, in accordance with the applicable law.

(2) This Regulation shall in no way restrict the right of the operating air carrier to seek compensation from a tour operator or another person with whom it has a contract.

(3) No provision of this Regulation may be interpreted as restricting the right of a tour operator or a third party, other than a passenger, with whom the operating air carrier has a contract, to seek payment or compensation from the operating air carrier in accordance with the applicable laws.

Obligation to inform passengers of their rights

Article 15

(1) The operating air carrier shall ensure that, at check-in, a clearly visible and legible notice in Turkish and English is displayed with the following text: “If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights with regard to the services you will receive.”

(2) An air carrier denying boarding to a passenger or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance under this Regulation. In addition, the operating air carrier shall provide this information orally, in writing and/or electronically to each passenger affected by a delay of at least two hours.

(3) In respect of visually impaired persons, the provisions of this Article shall be applied using appropriate alternative means.

Exclusion of waiver

Article 16

(1) Obligations towards passengers under this Regulation may not be limited or restricted, in particular by provisions in contracts of carriage, nor may any exemption from them be granted.

(2) Where the passenger has not been informed of their rights in accordance with this Regulation, even if for that reason they have accepted compensation lower than that provided for in this Regulation, the passenger shall be entitled to take the necessary steps before the competent courts or bodies in order to obtain additional compensation.

Change of the final destination

Article 17

(1) Where the air carrier, for a compelling reason, changes the final destination shown on the ticket and the flight ends at a different airport, it shall ensure that passengers are carried to the final destination shown on the ticket as soon as possible, using the available means of transport.

Contracts

Article 18

(1) Air carriers may include in their contracts with third parties provisions containing all necessary measures to ensure that no legal and/or financial harm is caused to passengers in the implementation of this Regulation.

Right of passengers to legal remedies

Article 19

(1) In the event of a breach of the provisions of this Regulation, the right of passengers to seek legal remedies is reserved.

SECTION THREE

Miscellaneous and final provisions

Supervision and sanctions

Article 20

(1) Operators falling within the scope of this Regulation are supervised by the Directorate General of Civil Aviation. Institutions and organisations that do not comply with the rules of this Regulation shall be dealt with in accordance with Article 143 of the Turkish Civil Aviation Law No 2920 of 14.10.1983.

Provisional Article 1

(Added - RG No 31079 of 25.3.2020)

(1) In the event of cancellation of a flight due to the COVID-19 epidemic as from 5.2.2020, the air carrier performing the flight or having undertaken to perform it is exempt from the obligations under Articles 8, 9 and 10 in respect of those cancelled flights until the end of two months after flight bans are lifted.

(2) A passenger whose flight has been cancelled due to the COVID-19 epidemic has the right, subject to seat availability with the air carrier, to change the ticket to a date of their choice or to leave the ticket open. The passenger may obtain a refund of the open and unused ticket from the air carrier after the end of two months after flight bans are lifted.

Entry into force

Article 21

(1) This Regulation enters into force on 1.1.2012.

Execution

Article 22

(1) The provisions of this Regulation shall be executed by the Director General of Civil Aviation.

Publication in Resmî Gazete

Date	Issue
Regulation	3.12.2011	28131
1st amendment	25.3.2020	31079
2nd amendment	10.12.2024	32748

Source: consolidated version of the Directorate General of Civil Aviation of Turkey. Translation by Aeroisk.