The Class Notice was sent because the Court granted its preliminary approval to the Settlement of the Litigation.

If you received an e-mail or a postcard concerning the Settlement, that means that Turkish Airlines’ records indicate you may be a Settlement Class Member who is affected by the Settlement.

Plaintiffs filed a lawsuit in which they allege that Turkish Airlines breached its General Conditions of Carriage (“GCC”) by failing to refund class members for flights cancelled due to COVID-19 at all or within a reasonable amount of time.  Turkish Airlines denies that it did anything wrong or breached the GCC, and maintains that it did provide refunds within a reasonable amount of time particularly given COVID-19’s impact on Turkish Airlines’ operations and the airline industry generally.  Accordingly, Turkish Airlines has vigorously defended Plaintiffs’ allegations.  The Parties, however, have agreed to settle the Litigation to avoid the cost, delay, and uncertainty of continuing the Litigation.

In a class action, one or more “Class Representatives” or “Named Plaintiffs” sue on behalf of all those with the same types of claims arising from the same events. Here, the Class Representatives filed the Litigation as a proposed class action and asked to represent a class of residents of the United States whose flights were cancelled by Turkish Airlines between March 1, 2020 and December 31, 2021. They sue on behalf of people who have similar claims—called the “Settlement Class” or “Settlement Class Members”—which in this case may include you.

When this case settled, the Court had not yet decided whether the case could be a class action. Turkish Airlines disputes that a class is appropriate for trial purposes, but the Parties have agreed to the certification of the Settlement Class, as defined below, for purposes of the Settlement, and the Court has certified a class action for settlement purposes only. More information about why this is a class action can be found in the Court’s Class Certification Order, which is available on the Important Documents page.

The Court has not decided which side is right or wrong in the Litigation. Instead, both sides agreed to a settlement to avoid the costs and risks of a lengthy trial and appeals process.

After extensive, arm’s-length negotiations overseen by a JAMS mediator, a former federal judge, the lawyers representing the Parties agreed to settle the Litigation to avoid the cost, delay, and risk of continuing the Litigation. The Class Representatives and their lawyers think the Settlement is fair, reasonable, adequate, and in the best interests of all Settlement Class Members.

The Settlement Class under the Settlement includes: all United States residents who purchased tickets for travel on a Turkish Airlines flight scheduled to operate to, from, or within the United States between March 1, 2020 and December 31, 2021 (a) whose flights were cancelled by Turkish Airlines, (b) the customer did not cancel the flight or fail to show for the first leg of the flight prior to the cancellation of a later leg, (c) the customer did not request and receive a voucher or rebooking from Turkish Airlines, and (d) the customer did not request and receive a charge back from their credit card provider for the full amount of the flight cancelled by Turkish Airlines.

The Settlement Class under the Settlement excludes: (1) all persons who validly opt out of the Settlement in a timely manner; (2) governmental entities; (3) counsel of record (and their respective law firms) for the Parties; (4) Turkish Airlines and any of its affiliates, subsidiaries, and all of its respective employees, officers, and directors; (5) the presiding judge in the Litigation or judicial officer presiding over the matter, and all of their immediate families and judicial staff; (6) and any natural person or entity that entered into a release with Turkish Airlines prior to the Effective Date concerning the Released Claims in the Litigation.

If you are still not sure whether you are included in the Settlement Class, you can call toll-free 1-855-678-0528 for more information.

Each Settlement Class Member who has already received a refund from Turkish Airlines for a Qualifying Flight may elect to receive either:

1. $10.00 USD cash (the “Cash Option”) or

2. a $45.00 USD Voucher to use on future travel with Turkish Airlines (the “Voucher Option”).

The Cash Option and the Voucher Option are subject to a cap of $1,000,000.00 USD.  The amount paid to each Settlement Class Member will be reduced pro rata if Valid Claims for Cash and Voucher Options exceed $1,000,000.00 USD.

To receive either the Cash Option, or the Voucher Option, you must submit a Claim Form by following the directions set forth under the File a Claim page.

To receive the Cash Option or Voucher Option, you must submit your Claim Form by the Claims Deadline – no later than August 18, 2023.

Settlement Consideration for all Valid Claims will be paid within forty-five (45) days of the Effective Date.

Each Settlement Class Member who has not already received a refund from Turkish Airlines for a Qualifying Flight, upon submission of a Valid Claim, will receive:

1. the full amount of the refund due; plus

2. an additional Interest Payment of one percent (1%) of the unused ticket price, or in the case of partially used tickets, one percent (1%) of the price of the unused flight segment (i.e., a 101% refund).

The full refund amount and Interest Payments under this option are not subjected to the $1,000,000.00 USD cap.

To receive your refund and the additional one percent Interest Payment, you must submit a Claim Form by following the directions set forth on the File a Claim page as set forth in the Class Notice. 

To receive your refund plus one percent of the refund value, you must submit your Claim Form by the Claims Deadline – no later than August 18, 2023.

Settlement Consideration for all Valid Claims will be paid within forty-five (45) days of the Effective Date.

If you are a Settlement Class Member who has already received a refund from Turkish Airlines and would like to receive the $10.00 USD Cash Option or $45.00 USD Voucher Option, you must submit a Claim Form by following the directions set forth on the File a Claim page.

If you are a Settlement Class Member who has not, to date, received a refund from Turkish Airlines and would like to receive your refund plus an additional one percent (1%) of the unused ticket price, or in the case of partially used tickets, one percent (1%) of the price of the unused flight segment (i.e., a 101% refund), you must submit a Claim Form by following the directions set forth on the File a Claim page.

Settlement Class Members who fail to submit a Valid Claim will not receive any compensation from the Settlement.  However, if you are a Settlement Class Member who has not received a refund from Turkish Airlines, even if you do not fill out a Claim Form in a timely fashion, you may still later request a refund from Turkish Airlines without the Interest Payment. Whether that refund will be paid will depend on the circumstances of your flight, its fare rules, and the time that has passed since the flight was cancelled; no interest will be paid on refunds requested outside the Claim Form process.

To receive the $10.00 USD Cash Payment or $45.00 USD Voucher, or to receive the full value of your ticket in addition to the Interest Payment, you must submit your Claim Form by the Claims Deadline – no later than August 18, 2023.

The Court will hold a Final Approval Hearing by telephone on August 24, 2023 at 11:00 a.m. (EDT) to decide whether to approve the Settlement. You may attend the hearing by phone, but you are not required to do so. Even if the Court approves the Settlement, there could be appeals. The time for an appeal varies and could take more than a year.

The Effective Date is the date when all appeals are completed, and the Settlement becomes final. You can visit the Key Dates page to check the progress of the Court-approval process and the Effective Date. Please be patient.

Settlement Consideration for all Valid Claims will be paid within forty-five (45) days of the Effective Date. The Court will have the power to enforce the terms of the Settlement Agreement.

To exclude yourself from the Settlement, you must send a signed statement to JND Legal Administration that includes your name, address, and telephone number stating that you wish to exclude yourself from the case and including your handwritten signature.  Your written request should be mailed to:

Turkish Airlines Settlement
c/o JND Legal Administration
PO Box 91455
Seattle, WA 98111

Your written request must be postmarked by July 17, 2023. If your request is not postmarked by that date, your right to opt out will be waived and you will be bound by all orders and judgments entered in connection with the Settlement.

If you choose to exclude yourself from the Settlement Class: (1) you will not be entitled to receive the benefits of the Settlement; (2) you will not be legally bound by the Settlement Agreement; and (3) you will keep any rights you may have to sue Turkish Airlines individually for the Claims included in the Settlement Agreement, as long as suit is filed before the relevant statute of limitations expires.

If you are a Settlement Class Member, you can object to the Settlement if you do not like any part of it. You can also object to Class Counsel’s request for attorneys’ fees, expenses, and costs, and the service awards for the Class Representatives. You can give reasons why you think the Court should not approve the Settlement or award the requested fees, costs, or expenses. The Court will consider your views.

Anyone who objects to the Settlement, the Settlement Agreement, the application for attorneys’ fees, costs, or expenses, or service awards for the Class Representatives, or the other matters to be considered at the Final Approval Hearing may appear and present such objections. To be permitted to do so, however, you must, on or before July 17, 2023, serve to JND Legal Administration your written objection and must include the following information:

• Your name, address, telephone number, and, if represented by counsel, the name, address, and telephone number of your counsel;
• Your flight numbers for all flights at issue in this settlement, the flight dates, and the flight route (destination and origin airports);
• A statement whether you intend to appear at the Final Approval Hearing, either in person or through counsel;
• All grounds for your objection, accompanied by any legal support for the objection known by you or your counsel;
• Copies of any papers, briefs, or other documents upon which the objection is based or upon which you or your counsel intend to rely; and
• Your handwritten signature.

You must sign your own objection.  Attorneys’ signatures on objections will not be accepted.

If you do not comply with the foregoing procedures and deadlines for submitting written objections, you may lose substantial legal rights to contest the orders or judgments of the Court entered in connection with the Settlement.

The Court has appointed the law firms of Bursor & Fisher, P.A. and Liddle Sheets Coulson P.C. as Class Counsel to represent the Settlement Class Members. The only fees, costs, and expenses these lawyers will seek are those described in Question 16 below. If you want to be represented by your own lawyer in this case, you may hire one at your own expense.

For more than a year, Class Counsel have worked without compensation on this case.  In connection with the Final Approval Hearing on the Settlement, Class Counsel will apply to the Court for an award of expenses, costs, and attorneys’ fees, with the total amount not to exceed $900,000 USD. This amount is being paid separately from, and in addition to, any relief paid to Class Members, and will not derogate in any way to the relief provided for.

In the event the Court declines to approve, in whole or in part, the payment of attorneys’ fees, costs, and expenses in the amount requested by Class Counsel, the amount not awarded will be available to be claimed by Settlement Class Members.

Class Counsel will also apply to the Court for a service award for the Class Representatives in an amount not to exceed $3,500 USD each. The service award compensates the Class Representatives for their efforts and commitment on behalf of the Settlement Class during the Litigation, including responding to discovery, and communicating with Class Counsel on behalf of Class Members. This amount is being paid separately from, and in addition to, any relief paid to Class Members, and will not derogate in any way to the relief provided for.

The Court will hold a Final Approval Hearing to decide whether to approve the Settlement and whether to grant Class Counsel’s motion for attorneys’ fees, costs, and expenses.  You may attend and you may ask to speak, but you do not have to do either one.

The Final Approval Hearing will be held by telephone before the Honorable Andrew L. Carter on August 24, 2023 at 11:00 am Eastern Time. The telephone number for the hearing is 1-888-363-4749 and the access code is: 3768660.

Do not write or call the judge or the clerk concerning the Class Notice or the Litigation.

The purpose of the Final Approval Hearing will be for the Court to determine whether the Settlement should be finally approved as fair, reasonable, and adequate, and in the best interests of the Settlement Class, and to consider awarding attorneys’ fees, costs, and expenses to Class Counsel, as well as service awards to the Class Representative(s). At the hearing, the Court will hear any objections and arguments concerning the fairness of the Settlement or the fees that have properly been submitted, as set forth above.

The date of the Final Approval Hearing may change without further notice to the Settlement Class. Settlement Class Members should be advised to check the Key Dates page to check on the date of the Final Approval Hearing, the Court-approval process, and the Effective Date.

No, you are not required to come to the Final Approval Hearing. Class Counsel will answer any questions the Court may have.

If you send an objection, you do not have to come to the Court to talk about it.  As long as you served your written objection on time and complied with the other requirements for a proper objection, the Court will consider it.

You or your lawyer may ask the Court for permission to speak at the Final Approval Hearing.  

You may not be able to speak at the hearing if you do not comply with the procedures set out in the notice.

If you are a Settlement Class Member, you must file a Claim Form by the Claims Deadline, August 18, 2023, as described in response to Question 10, to receive any Settlement benefits.

IF YOU DO NOTHING AND THE SETTLEMENT IS FINALLY APPROVED, YOU WILL BE BOUND BY THE COURT’S FINAL JUDGMENT AND RELEASE OF CLAIMS EXPLAINED IN THE SETTLEMENT AGREEMENT.

If, however, you are a Settlement Class Member who has not received a refund from Turkish Airlines, even if you do not fill out a Claim Form in a timely fashion, you may still later request a refund from Turkish Airlines – without interest. Whether that refund will be paid will depend on the circumstances of your flight, its fare rules, and the time that has passed since the flight was cancelled; no interest will be paid on refunds requested outside the Claim Form process.

The Class Notice is only a summary of the terms of the Settlement. More details about the Settlement, the Effective Date, the deadlines, and your options are available in a longer document called the Settlement Agreement.

The Settlement Website also contains answers to common questions about the Settlement, plus other information to help you determine whether you are a Settlement Class Member.  In addition, some of the key documents in the case will be posted on the Settlement Website. If you would like the Class Notice, the Claim Form, or the Settlement Agreement mailed to you, please call 1-855-678-0528 or write to JND Legal Administration at:

Turkish Airlines Settlement
c/o JND Legal Administration
PO Box 91455
Seattle, WA 98111

Alternatively, all of the court documents in this case are on file and available for review during regular office hours at the Clerk of the Court, United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York 10007.

Please do not call the Court or the Court Clerk’s Office to inquire about this settlement or the Claims Process.