Long delay(5hrs+), non-EU, possible conpensation?
#1
Original Poster
Join Date: Jan 2022
Posts: 23
Long delay(5hrs+), non-EU, possible conpensation?
TK73 from Guangzhou, CHINA tonight is going to delay over 5hrs. This is due to their captain worked over the duty time. Consider a solo booking on this flight to IST, there's no leg in Europe so EU261 doesn't apply here. Is there any possible conpensation from TK?
#2
Join Date: Mar 2016
Posts: 145
#3
Original Poster
Join Date: Jan 2022
Posts: 23
#4
Join Date: Jul 2017
Posts: 64
I had the same issue with the delayed flight from non EU a couple months ago and today finally my compensation claim was settled. On my initial contact I requested a compensation of 400EUR in accordance with SHY passenger. TK stated that there was no legislation to compensate delayed flight from my origin of departure. I challenged TK that any Turkish registered airlines or flights to Turkey are liable for delay as per SHY passenger. As back in 2019 I was compensated 600EUR for the similar circumstances without any difficulties, I sent the copy of the correspondence with TK from 2019 and asked them to explain why I was not compensated this time. Fortunately this helped a lot. TK offered me 16000 miles for the compensation, but I declined the offer and demanded 400EUR by the Electronic Travel/Refund Check. TK got back to me again and now offered me 20000 miles. I'd rather have 400EUR, but I accepted the offer. It took 2 weeks for TK to post the miles in my account. Expect and prepare TK will play the fool and try to avoid to compensate you as much as possible. I do understand that recent years were very difficult for any airlines and the Turkish currency plunge must have hit TK further more, but t's a shame that TK lies to the customer and does not comply with the law.
#5
Join Date: Mar 2016
Posts: 145
I had the same issue with the delayed flight from non EU a couple months ago and today finally my compensation claim was settled. On my initial contact I requested a compensation of 400EUR in accordance with SHY passenger. TK stated that there was no legislation to compensate delayed flight from my origin of departure. I challenged TK that any Turkish registered airlines or flights to Turkey are liable for delay as per SHY passenger. As back in 2019 I was compensated 600EUR for the similar circumstances without any difficulties, I sent the copy of the correspondence with TK from 2019 and asked them to explain why I was not compensated this time. Fortunately this helped a lot. TK offered me 16000 miles for the compensation, but I declined the offer and demanded 400EUR by the Electronic Travel/Refund Check. TK got back to me again and now offered me 20000 miles. I'd rather have 400EUR, but I accepted the offer. It took 2 weeks for TK to post the miles in my account. Expect and prepare TK will play the fool and try to avoid to compensate you as much as possible. I do understand that recent years were very difficult for any airlines and the Turkish currency plunge must have hit TK further more, but t's a shame that TK lies to the customer and does not comply with the law.
#6
Join Date: Oct 2012
Programs: TK EP, AF Platinum for life, something in Oneworld not worth to mention...
Posts: 417
Same sad experience with LOT, claiming lightning strike as a cause for delay, but in reality it was caused by chain of delays over 2 days...
#8
FlyerTalk Evangelist
Join Date: Nov 2018
Location: Istanbul, Turkey
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Also, in this case the routing you have taken would matter.
Any details would be helpful interpreting the outcome of your case.
#9
Join Date: Dec 2006
Location: USA
Posts: 3,945
No reason has been provided by TK, except monitors would display "Restricted Airspace". They would not even do airport check-in until the incoming TK plane was in the air. It was Non-EU to IST flight under 5k km.
Last edited by TAHKUCT; Oct 16, 2022 at 9:38 pm
#10
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Ok, was this flight cancelled and you were rebooked on a different flight resulting a 7 hour delay or just a 7 hour delay for your originally booked flight?
If you had a connection, how did the delay affected it?
If you had a connection, how did the delay affected it?
#11
Join Date: Dec 2006
Location: USA
Posts: 3,945
It did not affect my connection at IST, as my next flight was the next day.
#12
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Location: Denmark
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Sounds like the reason for the delay is out of the control of TK, i.e. extraordinary circumstances. Also it is the delay at final destination that matters; if no delay at final destination, no comp. Not even EU Reg. 261/04 you would have received compensation for this.
#13
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#14
Join Date: Dec 2006
Location: USA
Posts: 3,945
Right to compensation ARTICLE 8- (1) When referred to this article, a compensation of Turkish Lira equivalent of 100 Euros shall be paid to passengers for domestic flights. For international flights, the passengers shall be given; a) a compensation of the Turkish Lira equivalent of 250 Euros for all the flights of 1500 kilometers or shorter, b) a compensation of the Turkish Lira equivalent of 400 Euros for all the flights between 1500 and 3500 kilometers, c) a compensation of the Turkish Lira equivalent of 600 Euros for all the flights longer than 3500 kilometers,
In addition to what SK AAR mentioned, delays are not covered by SHGM regulations other than after some point, the airline must provide phone calls, meals, and a cancellation option if the passenger no longer wish to travel.
Nothing was offered by TK at the airport.
So, in your opinion, I should not even try to reach out to TK?
#15
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What about this document?
Right to compensation ARTICLE 8- (1) When referred to this article, a compensation of Turkish Lira equivalent of 100 Euros shall be paid to passengers for domestic flights. For international flights, the passengers shall be given; a) a compensation of the Turkish Lira equivalent of 250 Euros for all the flights of 1500 kilometers or shorter, b) a compensation of the Turkish Lira equivalent of 400 Euros for all the flights between 1500 and 3500 kilometers, c) a compensation of the Turkish Lira equivalent of 600 Euros for all the flights longer than 3500 kilometers,
It did sound like that based on what it said on monitors, but no single TK agent would confirm it or provide any other reason. I understand that the final destination matters, but my connection time was over 36 hours so I can enjoy Istanbul before continuing my journey.
What aboutt this document? https://web.shgm.gov.tr/doc4/shy-passenger.pdf
Nothing was offered by TK at the airport.
So, in your opinion, I should not even try to reach out to TK?
Right to compensation ARTICLE 8- (1) When referred to this article, a compensation of Turkish Lira equivalent of 100 Euros shall be paid to passengers for domestic flights. For international flights, the passengers shall be given; a) a compensation of the Turkish Lira equivalent of 250 Euros for all the flights of 1500 kilometers or shorter, b) a compensation of the Turkish Lira equivalent of 400 Euros for all the flights between 1500 and 3500 kilometers, c) a compensation of the Turkish Lira equivalent of 600 Euros for all the flights longer than 3500 kilometers,
It did sound like that based on what it said on monitors, but no single TK agent would confirm it or provide any other reason. I understand that the final destination matters, but my connection time was over 36 hours so I can enjoy Istanbul before continuing my journey.
What aboutt this document? https://web.shgm.gov.tr/doc4/shy-passenger.pdf
Nothing was offered by TK at the airport.
So, in your opinion, I should not even try to reach out to TK?
Delays are indicated in Article 7 and you are eligible for Article 9: Right to Reimbursement and Route Change or Article 10: Right to Get Service but not Article 8: Right to compensation
First, you have arrived at your final destination on time so Article 9 wouldn't apply as also you were not seeking to change your route at your first point of departure.
For Article 10, if you have kept your receipts for your food & beverage purchases during the delay as well as Wi-Fi purchases ( if the airport you flew out does offer paid Wi-Fi ), or any other communication expenses, you could fill out a Feedback Form and ask those to get reimbursed. However, please bear in mind that TK would not pay your expenses if you haven't kept your receipts and ask them to rely on the honor system.