Turkish Airlines - Query

buffness

Hi All,

Please can someone help me with a query?

I'm looking to claim compensation from Turkish Airlines for a flight delay that my parents encountered yesterday and I'm trying to make sense of the legislation.  Their itinerary was as follows:

Flight One: Birmingham to Istanbul - DEP: 11:00am - ARR: 18:05
Flight Two: Istanbul to Mumbai - DEP: 20:30 - ARR: 05:10

Flight Two is the one that was delayed. It left Istanbul at 23:43 and arrived into Mumbai at 08:38. Therefore, it departed Istanbul 3 hours 43 minutes late and arrived into Mumbai 3 hours 28 minutes late. 

The trip distance from Istanbul to Mumbai is 4839km.

My queries are as follows:

1. I don't think I can claim under the EU legislation because Flight Two is the one that was delayed because it is not EU/UK regulated - i.e., it departed from a non EU airport - Istanbul. Is that right? Or, because their trip started from an EU airport - Birmingham - then the EU legislation is relevant and they can claim the £260.00 per person?
   
   
2. I know that Turkey have their own rules when it comes to flight delays. I've copied the extract from the relevant legislation below. I'm reading this as I cannot claim compensation under Turkish law because the trip distance is 4839km, therefore the delay needs to be "four or more than four hours" - is that right? 

Many thanks in advance for your help.

Extract:

Delay of the flights

ARTICLE 7- (1) As of the planned departure time of a flight, the air transport operator performing the flight shall offer the following considerations to the passengers, in the event that the delay a) is two or more than two hours for the flights shorter than 1500 kilometers (including 1500 km) and for domestic flights, b) is three or more than three hours for the flights between 1500 and 3500 kilometers (including 3500 km), c) is four or more than four hours for the flights longer than 3500 kilometers

buffness

Interestingly, I've just read the judgement handed down by the ECJ in the Claudia Wegener vs Royal Air Maroc SA case. It appears as though the EU regulations may be relevant here... 

eskbanker

If the tickets were through bookings from Birmingham to Mumbai, issued as single tickets rather than self-transfer ones, then the UK261 regulations (not the EU version, although they're materially the same wording for now) should apply for the entire end-to-end itinerary, therefore £520pp compensation, unless the delay was caused by circumstances beyond the airline's control.

buffness

eskbanker said:

If the tickets were through bookings from Birmingham to Mumbai, issued as single tickets rather than self-transfer ones, then the UK261 regulations (not the EU version, although they're materially the same wording for now) should apply for the entire end-to-end itinerary, therefore £520pp compensation, unless the delay was caused by circumstances beyond the airline's control.

Thanks for your reply.

Just to confirm, the tickets were booked as one booking rather than self-transfer. 

Can I just ask why you think it's £520.00pp compensation? I was getting a different figure (and I'm learning!)

eskbanker

https://www.legislation.gov.uk/eur/2004/261/article/7 sets out the distance-based compensation bandings, which apply to the end-to-end points for qualifying multi-leg journeys.

buffness

eskbanker said:

https://www.legislation.gov.uk/eur/2004/261/article/7 sets out the distance-based compensation bandings, which apply to the end-to-end points for qualifying multi-leg journeys.

Interesting... thanks for your help!