Technical Faults vs Passengers

⚡ Key Takeaways for Technical Faults vs Passengers

• Inherent Risk: The European Court (ECJ) has ruled that fixed-wing technical parts failing is 'inherent' to flying. They must pay.
• Operational Failure: Routine maintenance or a 'part from Istanbul' delay is NEVER an extraordinary circumstance. You are owed compensation.
• Burden of Proof: Turkish Airlines must prove a technical fault was caused by sabotage or a manufacturing defect to avoid paying—which is rare.

The "Technical Fault" Excuse Explained

If you've received an email from Turkish Airlines denying your claim because the delay or cancellation was caused by a "Technical Fault with the Aircraft" or "Unexpected Maintenance Requirements," you are in a very strong legal position to fight back.

Airlines absolutely love using this excuse. They frame a broken engine, a hydraulic leak, or a faulty navigation system as an "Extraordinary Circumstance"—something completely outside of their control. However, the highest courts in Europe have explicitly ruled against this argument.

Why Technical Faults Trigger Compensation

Under both Regulation EC 261/2004 (for flights departing the EU) and the Turkish SHY-PASS framework, airlines are only exempt from paying cash compensation if the delay was caused by events that are "not inherent in the normal exercise of the activity of the air carrier."

Aircraft are highly complex machines. Parts break, wear down, and require replacing. Ensuring an aircraft is airworthy and having contingency plans (like backup aircraft or spare parts) is literally the core business of an airline. Therefore, everyday mechanical issues are firmly within Turkish Airlines' control and liability.

The Exceedingly Rare Exceptions

There are only a few incredibly rare, highly specific scenarios where a technical fault might legally shield Turkish Airlines from paying you €600:

• ❌ Hidden Manufacturing Defects: If Boeing or Airbus issues a sudden, emergency grounding order for all aircraft of a specific type (e.g., the Boeing 737 MAX grounding) due to a secret design flaw, courts may rule this is extraordinary.
• ❌ Sabotage or Terrorism: If a technical fault is caused by an act of deliberate sabotage or terrorism while the plane is parked on the apron.
• ❌ Bird Strikes: If a bird flies into the engine during takeoff, necessitating an emergency landing and engine replacement, this is considered a freak nature event and an extraordinary circumstance. (Though airlines often mislabel generic engine faults as "suspected" bird strikes).

How to Challenge a "Technical Reason" Denial

If you used the Turkish Airlines Feedback form and they sent you a boilerplate rejection citing "Operational or Technical Reasons," do not give up. This is standard airline procedure designed to make you walk away from the cash you are legally owed.

At AirAdvisor, our legal team doesn't take the airline's word for it. When we escalate a case, we demand the airline produce the actual maintenance logs to prove the nature of the fault to the relevant Civil Aviation Authority. When forced to provide evidence in court, airlines frequently capitulate and pay the compensation rather than exposing their maintenance records.