Aviation ADR rules

kuepper

I submitted a claim to the Aviation ADR scheme for a 17 hrs 23 mins delay returning to the UK with Turkish Airlines who are signed up to the scheme. My claim has been rejected because my delayed flight did not depart from the UK. I can't see anything on the Aviation ADR site saying they only deal with journeys departing the UK and it doesn't really make sense when Turkish Airlines passenger rights don't distinguish between outbound and inbound flights.

bagand96

UK/EU legislation cannot be applied outside of the UK/EU

It's always been the case with EC261 (and as adopted into UK law) that it applies to:

- EU/UK operators wherever they operate
- Non EU/UK operators when operating flights departing within the EU/UK

EC261 cannot be applied to a Turkish Airlines flight departing Istanbul. You would be able claim if your outbound flight from the UK had been delayed.

Same for say American Airlines departing New York for Heathrow. AviationADR are right to reject the claim. 

eskbanker

The Turkish Airlines passenger rights page that I directed you to previously includes the address of the Turkish aviation authority, to whom you'd need to escalate your complaint, rather than a UK one:

http://www.shgm.gov.tr/

Did the airline reject your claim or just fail to respond?  If the former, what reason was given?

kuepper

bagand96 said:

UK/EU legislation cannot be applied outside of the UK/EU

It's always been the case with EC261 (and as adopted into UK law) that it applies to:

- EU/UK operators wherever they operate
- Non EU/UK operators when operating flights departing within the EU/UK

EC261 cannot be applied to a Turkish Airlines flight departing Istanbul. You would be able claim if your outbound flight from the UK had been delayed.

Same for say American Airlines departing New York for Heathrow. AviationADR are right to reject the claim. 

I know that , that's why I complained to the Aviation ADR which deals with complaints against non UK/EU airlines. They would have taken up my complaint if the delay had been on my outbound journey as I've since confirmed 

eskbanker

kuepper said:

bagand96 said:

UK/EU legislation cannot be applied outside of the UK/EU

It's always been the case with EC261 (and as adopted into UK law) that it applies to:

- EU/UK operators wherever they operate
- Non EU/UK operators when operating flights departing within the EU/UK

EC261 cannot be applied to a Turkish Airlines flight departing Istanbul. You would be able claim if your outbound flight from the UK had been delayed.

Same for say American Airlines departing New York for Heathrow. AviationADR are right to reject the claim. 

I know that , that's why I complained to the Aviation ADR which deals with complaints against non UK/EU airlines. They would have taken up my complaint if the delay had been on my outbound journey.

Yes, the outbound journey would have been within the scope of the UK261 regulations but the inbound one isn't - from a quick look at the Aviation ADR site I agree that they don't spell it out that their remit aligns with those regulations, but they can hardly be expected to adjudicate on a dispute relating to another country's laws and regulations, so the point remains that you'd need to escalate in Turkiye rather than the UK.

bagand96

kuepper said:

I know that , that's why I complained to the Aviation ADR which deals with complaints against non UK/EU airlines. They would have taken up my complaint if the delay had been on my outbound journey as I've since confirmed 

What exactly are you trying to claim for in respect of your delay?

AviationADR would hear the case against a non-EU/UK airline if it was a flight departing from UK/EU.  I'm assuming your inbound flight on Turkish Airlines did not depart EU/UK so AviationADR can't hear the case because they can't enforce EC261 or UK261.

Caz3121

your flight departing Turkey would fall under the Turkish shy regulations 
https://web.shgm.gov.tr/doc4/shy-passenger.pdf

Info on shy from the Turkish Airlines website https://cdn.turkishairlines.com/m/2703ac6af255a5aa/original/FR-67-0329-Yolcu-haklar-Brosuru-ENG-ee-copy.PDF

kuepper

eskbanker said:

The Turkish Airlines passenger rights page that I directed you to previously includes the address of the Turkish aviation authority, to whom you'd need to escalate your complaint, rather than a UK one:

http://www.shgm.gov.tr/

Did the airline reject your claim or just fail to respond?  If the former, what reason was given?

I tried to fill in the complaint form on the website but fell at the first hurdle as Turkish Airlines wasn't on the dropdown list of 'Airline Company'. Tried the email address but that came back undeliverable and their FB page doesn't seem to function. I'm going to try and send a fax! 

In their response TK just referred to the delay in the first flight which wasn't that long but long enough to make me miss my connection: " it has been determined that flight TK0345 Bishkek to Istanbul on the date of September 16th, 2023 was operated with 16 minutes of delay due to beyond of our control and 45 minutes due to operational reasons."

eskbanker

kuepper said:

eskbanker said:

The Turkish Airlines passenger rights page that I directed you to previously includes the address of the Turkish aviation authority, to whom you'd need to escalate your complaint, rather than a UK one:

http://www.shgm.gov.tr/

Did the airline reject your claim or just fail to respond?  If the former, what reason was given?

I tried to fill in the complaint form on the website but fell at the first hurdle as Turkish Airlines wasn't on the dropdown list of 'Airline Company'.

From a quick dummy run on that site, the applicable entry on the list is 'THY', which relates to its full Turkish name:

Turkish Airlines (Turkish: Türk Hava Yolları) or officially Türk Hava Yolları Anonim Ortaklığı[7] is the flag carrier of Turkey

https://en.wikipedia.org/wiki/Turkish_Airlines

kuepper

eskbanker said:

kuepper said:

eskbanker said:

The Turkish Airlines passenger rights page that I directed you to previously includes the address of the Turkish aviation authority, to whom you'd need to escalate your complaint, rather than a UK one:

http://www.shgm.gov.tr/

Did the airline reject your claim or just fail to respond?  If the former, what reason was given?

I tried to fill in the complaint form on the website but fell at the first hurdle as Turkish Airlines wasn't on the dropdown list of 'Airline Company'.

From a quick dummy run on that site, the applicable entry on the list is 'THY', which relates to its full Turkish name:

Turkish Airlines (Turkish: Türk Hava Yolları) or officially Türk Hava Yolları Anonim Ortaklığı[7] is the flag carrier of Turkey

https://en.wikipedia.org/wiki/Turkish_Airlines

Thanks for that, it also gave me a clue as to finding the airport to put!

kuepper

Submitting the form was awkward it kept saying I hadn't filled in parts even though I had, but it did accept it in the end and today I got a response:

"According to Regulation into force of TDGCA, your application is evaluated with the right of compensation (600Euros) per passenger. Notification of details according to payment will be made by air carrier. "

So fingers crossed that Turkish Airlines will pay up.