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The Rights of Air Passengers
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Att. Begüm Taner Huntürk
The rights of the air passengers are set forthby theRegulationRegarding
the Rights of the Passengers who Travel by Airway (“Regulation”), which
is published by the General Directorate of Civil Aviation (“GDCA”) in
the Official Gazette dated December 3, 2011 and numbered 28131. The
Regulation shall enter into force as of January 1, 2012.
Pursuant to Article 9 (g) of the Law on the Duties and Organization
of the Directorate General of Civil Aviation, realization and supervision
of the arrangements necessary to implement the rules determined in the
international field related to passenger rights, are among the duties of the
GDCA Flight Operation Chamber. In principle, the Regulation is also
aiming to harmonize the provisions of the EC Regulation No. 261/2004
dated 11.02.2004 with the national legislation in line with the mentioned
duties of the GDCA and also provide solutions to the problems which
arise during practice.
Scope
This Regulation shall apply to:
• passengers who have a confirmed reservation on the scheduled
or unscheduled flights of (i) the Turkish air carriers which depart
from or arrive to an airport in Turkey or (ii) the foreign air carriers
which depart from an airport in Turkey, except in the case of
flight cancellation, and who present themselves for check-in as
stipulated and at the time indicated in advance and in writing
(including by electronic means) by the air carrier, the tour operator
or an authorized travel agent, or if no time is indicated not later
than 45 minutes before the published departure time;
• passengers who have been transferred by an air carrier or tour
operator from the flight for which they held a reservation to
another flight, irrespective of the reason,
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Article of December 2011