Passenger Rights

Air travel can feel unpredictable, but your protection isn’t. From the moment you book, international and local laws already have your back. Whether you’re departing Ankara, connecting in Frankfurt, or landing in Toronto, a network of regulations spell out exactly what airlines owe you when schedules crumble.

Most travellers don’t realise that an airline ticket is more than a seat — it’s a legally protected agreement. A 2024 Eurobarometer poll found only 30 % of EU passengers feel well-informed about their rights — leaving roughly seven in ten flyers unaware that delays, cancellations or lost bags could be worth hundreds of euros in compensation.

And in a recent global survey, 79 % of passengers could not identify when those rights actually apply, even though they believed they had them.

Why Knowing Your Rights Matters

• Real money is at stake. Lengthy disruptions cost the average affected traveller €360+ in out-of-pocket expenses.

• Deadlines run out quickly. Some claims expire in 12 months; others last up to six years. Missing the window means losing everything you’re owed.

• Airlines rarely volunteer to pay. Carriers deny or under-pay valid claims every day, assuming most customers won’t push back.

Yet fewer than one in ten eligible fliers ever claim what they deserve. Why? Legal jargon, shifting rules, and airline gatekeeping make the process feel impossible. That information gap saves carriers millions—and costs passengers the same.

CompenSky closes that gap. Our legal analysts track every new court ruling and local amendment, translating dense legislation into plain-language guidance you can act on immediately. With a single claim form we:

• Pinpoint the exact law that protects your itinerary, even on multi-country routes.

• Calculate the maximum payout or service you’re owed, down to the last euro or dollar.

• Handle the paperwork and enforcement—from first email to courtroom—on a strict no-win, no-fee basis.

EU Passenger Rights under Regulation (EC) No 261/2004

Why EC 261 Matters

Since 2005, EC 261 has guaranteed EU-level protection when flights are delayed, cancelled, over-booked, downgraded or re-routed. It forces airlines to pay cash compensation and give practical assistance whenever the disruption is within their control. The United Kingdom keeps an almost identical regime (UK 261) after Brexit.

When Are You Covered?

Flights that meet any of the following are in scope:

• Departing from an EU Member State (plus Iceland, Norway, Switzerland).

• Arriving in the EU on an EU-licensed carrier, even if the departure airport is elsewhere.

• All connecting flights on the same booking if the first leg departs the EU.

• Code-shares: The operating carrier is responsible.

• Both ticketed and award bookings; all cabin classes.

Cash Compensation at a Glance

¹Arrival delay must be 3+ h for cash on a completed flight; cancellations trigger cash if you were informed < 14 days before departure.

Airline Duties in Addition to Compensation

Extraordinary Circumstance Test

Airlines can escape cash only if the root cause is “extraordinary” (outside their control and unavoidable even with all reasonable measures). Typical valid defences: severe weather, air-traffic-control shutdown, hidden manufacturing defect, terror/security.

Recent rulings have tightened the net:

• Crew sickness is not extraordinary (UK Supreme Court, Lipton v BA CityFlyer, 10 July 2024).

• Technical faults found in routine maintenance are not extraordinary (CJEU, TAP joined cases C-156/22 etc., 2024).

If the airline cites extraordinary circumstances, it still owes duty-of-care items in §4.

Brazil Passenger Rights under ANAC Resolution 400/2016

Brazil’s Flight-Protection Blueprint

Resolution No. 400 (ANAC 400) is the backbone of Brazilian passenger rights. Since March 2017, Resolution 400 has set a nationwide floor of protections whenever a flight departs from, lands in, or connects within Brazil. It guarantees material assistance, clear re-routing or refund choices and—when you are bumped off an oversold flight—cash in Special Drawing Rights (DES/SDR). In practice, airlines that ignore the rule are fined and passengers routinely win extra damages under Brazil’s Consumer Defence Code (CDC).

Who & Where the Rule Applies?

• Any flight departing Brazil (domestic or international).

• International arrivals on Brazilian-licensed carriers.

• Through-tickets: If your first leg leaves Brazil, all later legs are covered.

• Code-shares: The operating airline shoulders the duties.

• Charter seats sold individually are also in scope.

Care-on-the-Clock

Denied Boarding Compensation

If not enough volunteers step forward, the airline must pay immediately:

*SDR = IMF currency basket

Delays & Cancellations: Your Three Options

For delays ≥ 4 h, outright cancellations, or rescheduling notified < 24 h (domestic) / < 72 h (intl.):

• Earliest re-accommodation (own or any airline, no extra cost).

• Refund in 7 days to original payment method (12 -month voucher was a Covid-era exception now expired).

• Alternative transport (e.g., intercity bus ticket of similar duration).

The choice is yours, not the airline’s.

Baggage Issues

• Lost: Bag missing > 7 days (domestic) or > 21 days (intl.) ⇒ payout within 7 days up to 1 131 SDR (dom.) / 1 288 SDR (intl.).

• Delayed: Keep receipts; airline must reimburse “reasonable” emergency expenses.

• Damaged / Tampered: Repair or replace; report within 7 days of receipt.

Claim Window & Paper Trail

Brazil follows the Consumer Code: you generally have 5 years to sue for service defects (longer than many EU states). Always keep: e-ticket, boarding pass, delay notices, and receipts for extra costs.

Montreal Convention 1999 (MC99)

A Worldwide Safety Net for Travellers

The Montreal Convention 1999 (MC99) is the treaty that unifies air-carrier liability rules covering 95% of international passenger journeys. It standardises airline liability for injury or death, flight delay, baggage mishaps, and cargo loss across 140 signatory States—from Australia to Türkiye. Whenever at least one flight segment is between two different Convention States, MC99 overrides local laws and contractual fine print.

When Does MC99 Apply?

• International legs: any segment where origin and destination are in different States, even if you change planes.

• Round-trips that start and end in the same country still count if you land in another State en route.

• Code-shares: the operating airline is liable.

• Purely domestic flights are outside MC99 (national law or EC 261 may cover them).

• Charters or state-aircraft can be excluded if the State made a reservation.

How Much Can You Claim? – New Limits Kicked in 28 Dec 2024

Two-Tier Injury System at a Glance

• Up to 151880 SDR – Automatic: No need to prove airline fault.

• Above that – Unlimited: The carrier can escape only by showing the damage was solely caused by a third party or was otherwise unavoidable.

Delay Damage: What Counts?

• MC99 pays actual, documented losses (hotel invoices, re-booking fees, missed-event receipts).

• Airlines often argue you “should have mitigated” by taking the first alternative flight; keep evidence to rebut.

• Tip: Combine MC99 (proven loss) with EC 261 (flat cash) if your journey starts or ends in the EU.

When, Where and How to Sue?

• Two-year cut-off – the right to damages extinguishes if court action isn’t started within 2 years of the scheduled arrival or the date carriage stopped. Courts have no discretion to extend.

Five courtroom options:

• 1. Airline’s domicile

• 2. Principal place of business

• 3. Place of contract (ticket purchase)

• 4. Final destination

• 5. Passenger’s permanent residence if the carrier has a commercial presence there (“fifth jurisdiction”).

Turkish Regulation on Air Passenger Rights: SHY-YOLCU

How SHY-YOLCU Matters

Turkey’s SHY-YOLCU gives travellers a safety-net that is now almost on par with EU 261. Since the December 2024 reform, airlines must pay compensation not just for cancellations but also for delays of three hours or more and must provide practical help (meals, hotel, rerouting) long before any cash becomes due. The change was published in the Official Gazette on 10 December 2024 and took immediate effect, closing the gap between Turkish and EU protections.

Flights That Fall Under SHY-YOLCU

A single rule of thumb works: if your ticket was issued by a Turkish airline — or the flight departed from any Turkish airport — SHY-YOLCU applies. That includes:

• Domestic legs (Istanbul → Ankara)

• International departures from Turkey, regardless of carrier.

• International arrivals into Turkey only when the operating carrier is Turkish.

• Entire through-tickets if the first segment is covered (e.g., İzmir → Istanbul → New York)

For code-shares, the operating airline is the one on the hook.

Cash Compensation Structure

Compensation amounts mirror the EU 261 bands but are always paid in Turkish Lira at the ticket-purchase exchange rate. If the airline reroutes you so that you still arrive within 2–4 hours of your original schedule, compensation is reduced by 50%.

Note: Arrival delay must exceed 3 hours for full payment. Cancellations count if notice was given less than 14 days before departure.

Duty-of-Care Beyond Cash

From the moment your flight is disrupted, airlines owe you practical help. SHY-YOLCU defines minimum assistance as follows:

• Delays of 2+ hours: Refreshments and two communications (calls or e-mails).

• Delays of 4+ hours or overnight waits: Plus hotel accommodation and transport to/from the airport.

• Cancellations & Denied Boarding: Full assistance package and choice of refund or rerouting at the earliest opportunity.

In practice, most Turkish carriers provide meal vouchers and lounge access, but always check what they offer on a case-by-case basis.

When Can Airlines Decline Cash?

An airline may refuse compensation only if it proves the disruption stemmed from extraordinary circumstances that could not have been avoided by all reasonable measures. Typical examples:

• Severe weather events (e.g., heavy snowfall, volcanic ash).

• Air traffic control strikes or closures.

• Hidden manufacturing defects discovered during non-routine checks.

However, routine technical failures and crew illness are not considered extraordinary under recent Turkish Civil Aviation Board clarifications (Feb 2024).

Filing Deadlines in Turkey

Turkey gives you 2 years from the date of disruption to file a claim under SHY-YOLCU. After that, your statutory right lapses under the Turkish Code of Obligations. Be sure to keep all travel documents and boarding passes safe until your claim is resolved.