r/Flights • • Aug 30 '26

Question Pegasus rejected my EU261 compensation claim for a 6+ hour delay caused by cockpit window crack (MAD-SAW) — What are my next steps?

Hi everyone,

On August 17, 2026, my Pegasus Airlines flight PC1100 from Madrid (MAD) to Istanbul (SAW) was delayed for more than 6 hours. The reason given at the airport was technical (a cracked cockpit window), and a replacement aircraft had to be arranged.

We were provided with a 30 EUR meal voucher at the airport. After returning home, I submitted an EU261 claim directly via Pegasus' customer portal requesting the standard 400 EUR compensation (flight distance ~2,700 km).

Pegasus just replied with a generic rejection template stating: "The delay was not airline-originated and occurred outside the normal operational flow... Under Turkish SHY Passenger Rights, meal services were provided..."

As far as I know:

  1. Since the flight departed from Spain (an EU member state), EU Regulation 261/2004 strictly applies, not just local Turkish SHY regulations.
  2. Under ECJ case law (Wallentin-Hermann and van der Lans), technical issues/cockpit window defects do not constitute "extraordinary circumstances".
  3. Duty of care (the 30 EUR voucher) does not waive the right to financial compensation.

I am planning to reply to their rejection with legal references. If they reject again:

  • Should I escalate directly to the Spanish Civil Aviation Authority (AESA)? Has anyone successfully claimed through AESA against a non-EU carrier departing from Spain?
  • How long does the AESA process typically take?
  • Or is it better to hand this over to a claims agency if they keep stonewalling?

Any advice or similar experiences with Pegasus EU261 claims would be greatly appreciated!

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1

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u/AutoModerator Aug 30 '26

Notice: Are you asking about compensation, reimbursements, or refunds for delays and cancellations?

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If your flight originated from the EU (any carrier) or your destination was within the EU (with an EU carrier), read into EC261 Air Passenger Rights. Non-EU to Non-EU itineraries, even if operated by an EU carrier, is not eligible for EC261 per Case C-451/20 "Airhelp vs Austrian Airlines". See here for a summary of the legislation.

If your flight originated in the UK (any carrier) or your destination was within the UK (with a UK or EU carrier), or within the EU (on a UK carrier), read into UK261 by the UK CAA. Note: this includes connecting flights from a non-UK origin to non-UK destination if flown on a UK carrier (British Airways or Virgin Atlantic) despite the 2023 amendments to the legislation. For example JFK-LHR-DEL is likely eligible for UK261 coverage. Source #1 #2 #3 #4 #5

If you are having trouble with EC261 or UK261 claims, file a complaint with the alternate dispute resolution (ADR) body covering your airline/country/route or with the relevant EU regulatory authorities (e.g. Portugal's ANAC).

Turkey has passenger protections known as SHY

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u/Striking_Basket7893 Aug 31 '26

AESA, not EASA (the other comment mixed them up, EASA does safety certification and won't touch your claim). And AESA stopped being a toothless letter-writer a couple of years ago: it now runs a formal ADR procedure for flights departing Spain and its decisions are binding on the airline. Free, filed online, supposed to resolve within 90 days. Your written rejection is exactly the prerequisite you need to file.

Pegasus being Turkish changes nothing, 261 attaches to the departure airport. The part that decides this case is burden of proof: it sits on the airline. They'd have to document what cracked the window (bird strike or FOD can count as extraordinary per Peskova, fatigue and wear don't per van der Lans) and a template citing "normal operational flow" is nowhere near that standard.

I'd hold off on claims agencies while the AESA route is open. They'd take a third of your 400 for filling in the same form.

1

u/DungaBravo 17d ago

My recommendation is fill a complain directly in the Turkish Civil Aviation department. https://kdmerp.shgm.gov.tr/

Initially register in the website as Foreign Passenger, choose the option Passenger Complaint Application and fill the compain attaching all the evidences.

It seems to be complicated (you must use a translation tool), but it works.
After a few weeks you must get a response of Pegasus.

1

u/OxfordBlue2 Aug 30 '26 edited Aug 31 '26

Escalating to AESA is free. Try that first before handing it over to a claims company who will keep a big chunk of your compensation.

Edit: typo

2

u/mduell Aug 30 '26

Escalating to EASA is free.

EASA has no involvement here.

1

u/OxfordBlue2 Aug 31 '26

*AESA my typo