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MISCELLANEOUS

343

reimburse the price difference between the tickets and in addition to that

shall reimburse:

• 30 % of the price of the ticket for all flights of 1500 km or less,

• 50 % of the price of the ticket for all flights between 1500 km and

3500 km,

• 75 % of the price of the ticket for all flights of 3500 km or more.

Persons with Reduced Mobility or Special Needs

Operating air carriers shall give priority to carrying persons with

reduced mobility and any persons or certified service dogs accompanying

them, as well as unaccompanied children.

Legal Action and Other Sanctions

The passengers may directly apply to general courts if the provisions

of the Regulation are violated by operating air carriers.

Moreover pursuant to Article 143 of the Civil Aviation Law, GDCA

may impose monetary sanctions to air carriers who are violating the

provisions of the Regulation.

Conclusion

As mentioned herein above, the legislative source of the Regulation

is the EC Regulation No. 261/2004 dated 11.02.2004. Therefore, the

operating air carriers are already applying these principles to their flights

departing from the countries, which are members of EU and provide

similar compensations and services to their passengers on these flights.

However, as of the Regulation’s entry into force on January 1, 2012, the

application of these compensations and services shall be expanded so that

they will be also applied to 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.

On the other hand, the obligation to inform the passengers of their

rights, which is provided by the Regulation shall serve the passengers to

become aware of their rights and to claim their rights from the operating

air carriers.