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Aviation and Space Lawyer

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Aviation and space law covers a wide field, from a cancelled flight or one delayed for hours and lost baggage, to drone use and the licensing and contract processes of aviation businesses. As an aviation and space lawyer in Mersin, I provide legal support in compensation claims arising from passenger rights, in disputes over lost and damaged baggage, in fines and disputes concerning the use of unmanned aerial vehicles (UAVs, İHA), and in the contract, leasing and regulatory processes of companies operating in aviation.

What Does an Aviation and Space Lawyer Help With?

  • Passenger compensation for flight cancellations, long delays and denied boarding due to overbooking
  • Compensation claims arising from lost, delayed and damaged baggage
  • Compensation for injury and death in carriage by air
  • Fines for breaching drone (UAV) registration, flight permit and operating rules
  • Disputes arising from invasion of privacy and damage caused by drones
  • Licensing and permit processes for aviation businesses
  • Aircraft leasing, purchase and sale, and maintenance contracts
  • Contracts relating to satellite services and space technologies

Passenger Rights in Flight Cancellations and Delays

For flights departing from airports in Türkiye and for flights operated by Turkish airlines, passenger rights are governed by the Regulation on the Rights of Air Passengers (SHY-Yolcu). Where a flight is cancelled, is delayed for a long time, or the passenger is denied boarding due to overbooking, the passenger can claim a refund of the ticket price or alternative transport, the right to food, drink and, where necessary, accommodation during the wait, and compensation set according to the flight distance.

The airline can be released from paying compensation if it proves that the cancellation or delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken, such as bad weather, security risks or air traffic control decisions. It should also be noted that technical faults are not always considered extraordinary circumstances. The first step is a written claim to the airline; if this produces no result, a complaint to the Directorate General of Civil Aviation (Sivil Havacılık Genel Müdürlüğü) and an application to the consumer courts are available. For the general route to follow in consumer disputes, see the consumer law page.

Lost, Delayed and Damaged Baggage

On international flights, liability for baggage and passengers is governed by the 1999 Montreal Convention, to which Türkiye is also a party. If your baggage was delivered damaged, you must notify the airline in writing within seven days of delivery; if it was delivered late, within twenty-one days of the date on which it was placed at your disposal. Missing these time limits seriously affects the right to compensation. The Property Irregularity Report (PIR) drawn up at the airport, together with the ticket, the baggage tag and receipts for expenses, should always be kept.

The airline’s liability is limited to the upper limits set by the convention. A special declaration of value made at check-in for valuable items can provide protection above this limit. A two-year time limit for bringing claims (hak düşürücü süre) applies to compensation lawsuits under the Montreal Convention.

Drone (UAV) Use and Fines

The use of unmanned aerial vehicles is subject to the rules of the Directorate General of Civil Aviation. UAVs above a certain weight must be registered, the operator must have the required training and certificate, and flights in some areas require a permit. There are flight bans and restrictions around airports, over military areas and over crowds. Breaching these rules can lead to an administrative fine and the confiscation of the drone.

Filming someone’s home, garden or personal space with a drone without permission may constitute the offence of violating the privacy of private life; the operator is liable for damage caused if the drone falls or collides with something. For matters relating to invasion of privacy, see the privacy of private life page.

Aviation Businesses and Contracts

Activities such as airlines, general aviation, air taxi services, pilot schools, maintenance organisations and ground handling services depend on licences and permits issued by the Directorate General of Civil Aviation. Aircraft registration, airworthiness certificates and insurance obligations are also subject to strict rules. Aircraft and helicopter leasing contracts must clearly set out matters such as whether the aircraft is leased with or without crew, responsibility for maintenance, insurance, return conditions and the applicable law. The employment contracts of pilots, cabin crew and technical staff working in the aviation sector also contain sector-specific rules.

Space Activities and Satellite Services

Space law is a field shaped by international treaties and of growing importance for technology companies. In Türkiye, the establishment of the Turkish Space Agency has given space activities an institutional framework. Leasing satellite capacity, the use of satellite data and imagery, and the intellectual property and contractual relationships of companies developing space technology are the main legal issues in this field. In these contracts, the scope of the licence, data security and the limitation of liability require particular attention. For licensing relationships, see the licence agreements page.

Passengers from Mersin and Aviation Disputes

With the opening of Çukurova International Airport, which serves Mersin and Adana, domestic and international flights from the region have increased, and passenger rights disputes have grown in parallel. Passengers living in Mersin can bring their lawsuits as consumers before the consumer court in their own place of residence or, for disputes below the monetary threshold, before the consumer arbitration committees (tüketici hakem heyeti) in Mersin. In commercial disputes with airlines and aviation businesses, however, the jurisdiction clause in the contract is decisive. For general commercial contracts, see the commercial contracts page.

Frequently Asked Questions

My flight was cancelled. Can I get compensation?

If the cancellation was not notified to you sufficiently in advance and the airline cannot prove extraordinary circumstances, you can claim compensation set according to the flight distance, in addition to a ticket refund or alternative transport. A written claim should first be made to the airline.

My baggage arrived damaged. What should I do?

Have a damage report drawn up before leaving the airport, and notify the airline in writing within seven days of delivery. The ticket, the baggage tag, photographs and, if any, the repair invoice are the key documents for the compensation claim.

My baggage arrived late. Can I claim my expenses?

Yes. You can claim the reasonable expenses you had to incur because of the baggage delay by notifying the airline in writing within twenty-one days of the date you received the baggage. You need to keep the receipts for your expenses.

Do I need a permit to fly a drone?

Depending on the weight of the drone and the area where it will be flown, registration, a certificate and a flight permit may be required. Flying is prohibited in areas such as the vicinity of airports and military zones. Breaching the rules can lead to an administrative fine.

Where can I file a lawsuit against an airline?

Because you have consumer status as a passenger, you can apply to the consumer court in your own place of residence or, for disputes below the monetary threshold, to the consumer arbitration committee. On international flights, the jurisdiction rules of the Montreal Convention are also taken into account.

Get an Assessment of Your Aviation Dispute

To get an assessment of a cancelled or delayed flight, lost baggage, a drone fine or a contract relating to your aviation business, you can contact me through the contact page.

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