AMENDMENT TO THE “REGULATION ON THE RIGHTS OF THE PASSENGERS TRAVELING BY AIRLINE” DUE TO COVID-19 PANDEMIC 26 March 2020

Due to the danger of Corona Virus, it was decided to cancel many planned flights as a result of flight restrictions. Due to the mentioned flight cancellations, a provisional article has been added to the “Regulation on the Rights of Passengers Traveling by Airline (SHY-PASSENGER)” published in the Official Gazette dated 03/12/2011 and dated 28131. The regulation brought with this provisional article was published in the Official Gazette on 25.03.2020 and entered into force on the same date.

With the first paragraph of this provisional article, if the flight is canceled as of February 5, 2020 due to the COVID-19 pandemic; the air transport company that executed or committed to the flight is exempted from the provisions in the 8th, 9th and 10th articles of the Regulation until the end of the two months after the flight bans are lifted.

Within the scope of the “Regulation On The Rights Of The Passengers Traveling By Airline” published on 03/12/2011;

• In the Article 8, in case of cancellation of the flights, the right of passengers to claim compensation from the air transport company,
• In the Article 9, in case of cancellation of flights, the right to request a refund or a change of route,
• In the Article 10, in case of cancellation of the flights, the services that will be provided by the air transport company free of charge to the passengers

are regulated and with this amendment which entered into force on 25.03.2020, it is assumed that air transport companies are exempted from these provisions, related to the responsibility for flight cancellations, until the end of the two months after the flight bans are lifted.

In the second paragraph of this provisional article, the passenger whose flight is canceled, due to COVID-19, has the right to reschedule its flight to a future date or to change to open ticket, depending on the air operator’s seat availability or alternatively, passengers will be able to receive the refund of the unused ticket from the airline operator two months after the flight bans are lifted.

Thus, the passenger whose flight has been canceled due to the COVID-19 has right to change the date of the flight or change to open ticket, if the air transport operator is convenient. If the open ticket is not used, the return of this ticket may be requested from the air transport operator two months after the flight bans are lifted.