Compensation for flights from, to and via Turkey - when you are entitled and how much is owed

If your flight is delayed or cancelled, you miss a connecting flight, or you are denied boarding whilst travelling to, from or via Turkey, you may be entitled to compensation of €250 to €600 per passenger.

In brief:

• The standard compensation amount is €250, €400 or €600 per passenger, depending on the distance to the final destination of the journey.
• When changing flights in Istanbul as part of a single booking, compensation is determined by the distance of the entire route, rather than by the individual leg.
• For flights departing from an EU airport, Regulation (EC) No 261/2004 applies, regardless of the carrier.
• The Turkish regulation SHY-PASSENGER applies to all flights departing from a Turkish airport, regardless of the carrier, and to flights to a Turkish airport operated by a Turkish carrier.
• Where both Regulation (EC) No 261/2004 and SHY-PASSENGER apply, Aeroisk pursues the claim under the regime that is more favourable to the passenger.
• The time limit for bringing a claim in Turkey is 2 years from the date of the flight.

When are you entitled to compensation for a flight from, to or via Turkey?

Entitlement to compensation depends on where the journey begins, who the carrier is and, in the case of a connecting flight, whether the flights are on a single booking.

Both Regulation (EC) No 261/2004 and the Turkish regulation SHY-PASSENGER provide for compensation in the event of delays, cancellations and denied boarding, but the conditions are not entirely the same:

• in the event of a delay, under Regulation (EC) No 261/2004, compensation is payable if you arrive at your final destination 3 hours or more late; under SHY-PASSENGER - in the event of the same delay, but where the flight is delayed for technical or operational reasons;
• in the event of cancellation, compensation is payable under both schemes, unless you are notified at least 14 days before departure. It is also payable if you are notified later but have not been offered suitable re-routing. If you are notified between 14 and 7 days in advance, a suitable re-routing is one where you depart no more than 2 hours earlier and arrive less than 4 hours later than the original time. If you are notified less than 7 days in advance, the limits are 1 hour earlier and less than 2 hours later;
• in the event of denied boarding, under both schemes compensation is payable where you are denied boarding against your will and without a valid reason. Before denying boarding, the carrier is obliged to seek volunteers who are willing to give up their booking on terms agreed with them. Voluntary surrender of a booking excludes the right to compensation under both schemes.

When are you entitled to compensation when travelling from Bulgaria via Istanbul?

Istanbul is the main hub for travel from Bulgaria to Asia, the Middle East and Africa. When departing from an airport in the EU, Regulation (EC) No 261/2004 applies regardless of the carrier - including Turkish Airlines, Pegasus and AJet.

When flights are purchased as a single booking, the entire journey is treated as a single unit. Compensation is determined by the distance to the final destination, rather than by individual legs, even when the delay occurred on the short leg to Istanbul:

You may be entitled to compensation if your first flight was delayed or cancelled, or if the connection time proved insufficient through the carrier’s fault, and as a result you arrived at your final destination 3 hours or more late. Your rights in the event of a missed connection are described in detail on the page Missed connection.

If the tickets are on separate bookings, each flight is treated as a separate journey for the purposes of compensation. The airline on the first ticket is not liable for a missed flight on the separate booking, but you may be entitled to compensation for the delayed or cancelled flight itself.

See also the page Information about Turkish Airlines - the carrier operates most connections from Bulgaria via Istanbul.

Are you entitled to compensation when travelling to Bulgaria via Istanbul?

When returning from Asia, the Middle East or Africa with a stopover in Istanbul, Regulation (EC) No 261/2004 does not apply if both legs of the journey are operated by a Turkish carrier. The journey begins outside the EU and the carrier is not from the EU.

However, the Turkish SHY-PASSENGER regulation covers both legs: the flight to a Turkish airport operated by a Turkish carrier, and the flight from a Turkish airport operated by any carrier. According to the text of SHY-PASSENGER, the final destination for connecting flights on a single booking is the last point of the journey. For the route Shanghai - Istanbul - Sofia, the distance is measured to Sofia - 8,339 km, which corresponds to a standard amount of €600 per passenger.

Regulation (EC) No 261/2004 applies to the entire journey where the flights are part of a single booking and the leg from Istanbul to Bulgaria is operated by an EU carrier - for example, Bulgaria Air. A claim for compensation may be brought against the EU carrier that operated the leg to Bulgaria, even if the delay occurred on the first leg operated by a non-EU carrier (order of the Court of Justice of the EU in Case C-367/20).

Are you entitled to compensation for a charter flight to and from Turkey?

Charter flights to Turkish resorts - Antalya, Bodrum and Dalaman - are covered in the same way as scheduled flights. Regulation (EC) No 261/2004 explicitly covers non-scheduled flights, and SHY-PASSENGER also applies to both scheduled and non-scheduled flights.

For flights from Sofia, Varna or Burgas, Regulation (EC) No 261/2004 applies, regardless of the carrier. For return flights from a Turkish airport, SHY-PASSENGER applies, also regardless of the carrier, and where the flight is operated by an EU carrier, Regulation (EC) No 261/2004 also applies.

The routes between Bulgaria and the Turkish resorts on the Aegean and Mediterranean coasts are less than 1,500 km, so the standard compensation amount is €250 per passenger.

Where the flight forms part of a package holiday, the rules on package holidays also apply. Compensation for the flight is payable by the airline and is separate from any claims against the tour operator under the package holiday contract.

When are you entitled to compensation for a direct flight between Bulgaria and Turkey?

Regulation (EC) No 261/2004 applies to flights departing from Sofia, Varna or Burgas, regardless of the carrier. Where the flight is operated by a Turkish carrier, it also falls within the scope of SHY-PASSENGER, and a claim may be brought under whichever scheme is more favourable to you.

When departing from a Turkish airport, SHY-PASSENGER applies, regardless of the carrier. Where the flight is operated by an EU carrier and lands at an EU airport, Regulation (EC) No 261/2004 also applies.

The distances between Bulgarian airports and Istanbul are less than 1,500 km, so the standard amount for a direct flight is €250 per passenger. For a direct route exceeding 1,500 km, the standard amount is €400 per passenger.

Regulation (EC) No 261/2004 applies in the same way to flights between Turkey and another EU Member State, as well as to flights from Norway, Iceland and Switzerland to Turkey.

When is an airline not liable to pay you compensation for a flight from, to or via Turkey?

In the event of a flight delay or cancellation, compensation is not payable where the problem is caused by circumstances beyond the airline’s control which it could not have avoided, even though it took all reasonable measures. Under Regulation (EC) No 261/2004, such circumstances are referred to as extraordinary circumstances - they are not inherent in the normal operation of the airline and are beyond its effective control. Under the Turkish SHY-PASSENGER regulation, circumstances beyond the carrier’s control are defined as force majeure. Examples of extraordinary circumstances may include:

• a strike by airport staff or air traffic controllers;
• severe weather conditions which prevent the flight from being carried out safely;
• bird strike;
• restrictions or decisions by air traffic control;
• security risks, acts of terrorism or political instability.

As a general rule, an airline cannot be exempt from its obligation to pay compensation for a flight from, to or via Turkey on the grounds of:

• technical faults with the aircraft, including unexpected ones, where these are related to its normal operation;
• lack or shortage of crew;
• organisational and operational issues facing the airline;
• a strike by the airline’s own staff - the mere fact that there is a strike does not automatically mean that it constitutes an extraordinary circumstance;
• commercial reasons - for example, cancellation due to a low number of tickets sold.

The Turkish regulation SHY-PASSENGER deals with the concept of force majeure and lists political instability, unsuitable weather conditions, natural disasters, security risks, unexpected flight safety-related issues, and strikes. The guidelines issued by Turkey’s General Directorate of Civil Aviation (SHGM) on the application of passengers’ rights state that technical faults and operational reasons do not constitute force majeure and that such circumstances must be substantiated by official information and documentation.

Under both regimes, the airline must prove the cause of the delay or cancellation and its connection to the specific flight. Merely invoking an extraordinary circumstance or force majeure is not sufficient - the carrier must also prove that the consequences could not have been avoided despite reasonable measures having been taken.

In the event of denied boarding, the exception for extraordinary circumstances or force majeure does not apply. If you arrived in time for check-in - at the time specified by the carrier, or, where no such time is specified, no later than 45 minutes before the scheduled departure time - and there is no valid reason for you to be denied boarding, the airline is liable to pay compensation. Valid reasons include, for example, the lack of valid travel documents, as well as considerations relating to health, safety or security.

Does the compensation depend on the reason for the flight disruption?

Yes. The decisive factor is whether the problem was caused by a circumstance within the airline’s sphere of control or by a circumstance beyond its control. As a general rule, technical faults relating to the normal operation of the aircraft and the carrier’s operational decisions fall within its sphere of control and do not exempt it from paying compensation.

When an airline refuses to pay compensation on the grounds of extraordinary circumstances or force majeure, it must prove the grounds for the refusal - not the passenger. Under Regulation (EC) No 261/2004, the carrier must prove the existence of extraordinary circumstances and that the consequences could not have been avoided by taking reasonable measures. According to SHY-PASSENGER, force majeure must be supported by official information and documentation.

The reason given in the refusal is not evidence in itself. A refusal which merely cites ‘bad weather’ or ‘air traffic restrictions’, without any details of the specific flight, does not settle the matter.

Information on how to verify the reason given by the airline is available on the page Compensation for delayed flights. What to do if your claim is rejected is explained on the page Compensation claim rejected.

How do Turkish regulations differ from European ones?

The two schemes are based on a similar model - the Turkish regulation was drawn up in line with Regulation (EC) No 261/2004 - but differences in the details may determine whether you are entitled to compensation and how much it amounts to.

Which scheme is more favourable depends on the specific case. Factors such as the reason for the delay, its duration, the route, the operating carrier and whether re-routing has been offered may be relevant. For flights that fall within the scope of both Regulation (EC) No 261/2004 and SHY-PASSENGER, Aeroisk assesses which scheme offers the most favourable outcome for the passenger.

When is the Turkish regime more advantageous for the traveller?

For flights over 3,500 km that arrive 3 to 4 hours late, the compensation under SHY-PASSENGER may be twice as high.

Example: a flight from Sofia to Istanbul to Bangkok, on a single booking, arrives in Bangkok 3 hours and 30 minutes late due to technical or operational reasons. Under Regulation (EC) No 261/2004, the standard amount of €600 may be reduced by half - to €300. Under SHY-PASSENGER, the reduction applies only when re-routed onto an alternative flight; therefore, for a delay of between 3 and 4 hours without re-routing, the compensation remains €600.

SHY-PASSENGER is also more favourable for free and staff tickets. Regulation (EC) No 261/2004 does not apply to passengers travelling free of charge or at a reduced fare that is not available, either directly or indirectly, to the general public - for example, staff tickets issued by the airline. Tickets issued under a frequent flyer programme remain within its scope. The Turkish SHY-PASSENGER regulation covers both free and discounted tickets that are not offered for public sale; therefore, when flying from a Turkish airport, you may be entitled to compensation even in cases where the Regulation would not apply.