Which sales count as a “package tour”?
Several travel services sold together
Package tour status does not depend merely on the word “package” appearing in the advertisement. Whether transport, accommodation and other tourist services are combined within the statutory criteria and sold at an inclusive price, together with the duration of the services and the travel organisation, is assessed as a whole. The sale of a single hotel room and the sale of hotel + transport + excursion services as a package may be subject to different rules.
Organiser and intermediary
The organiser who prepares the tour programme and undertakes to perform it, the intermediary who makes the sale and the independent hotel or carrier that actually provides the service are separate actors. The Package Tour Regulation sets out their liability according to the specific contract structure; whether a defence such as “the airline operated the transport, it is not our concern” is valid must be assessed separately.
Packages sold from Türkiye and from abroad
The applicable law, consumer protection, the foreign organiser’s representative in Türkiye and the element of sale from outside the country must be examined. The fact that a stay took place in a hotel in Türkiye does not by itself prove that every provision of the Turkish package tour regime applies to every foreign tour contract.
Within what limits can the price of a package tour be changed?
Regulation Article 9: limited grounds, five per cent and the twenty-day condition
Under Article 9 of the Regulation on Package Tour Contracts, the price may be changed only for the limited grounds listed, and only if the contract expressly provides for a right of change, the reason and the method of calculation have been notified in writing or on a durable medium at least twenty days before departure and the change does not exceed five per cent of the contract price. The grounds are: an extraordinary exchange-rate movement in packages abroad priced in foreign currency, an extraordinary change in fuel costs, and taxes, fees, charges or similar statutory obligations at places such as ports and airports. The usual profit expectation, peak-season demand or the operator’s unilateral wish does not of itself constitute a justified ground for a price increase under this article.
Price increases outside Article 9 and the consequences of significant changes
According to Article 10 of the Regulation, price changes outside the scope of Article 9 and significant programme changes not attributable to the participant may constitute a material contract change. By notice in writing or on a durable medium, the participant may choose to switch, at no extra charge, to another tour of equal or higher value, to receive a refund of the difference in the case of an alternative of lower value, or to rescind the contract without paying compensation. On rescission, the fourteen-day refund period in Article 10/4 applies.
How is a material change before the tour begins assessed?
Change of hotel, transport, dates or the core programme
Significant changes before the start of a package tour that are not attributable to the participant are treated in Article 10 of the Regulation as a “material contract change”. Replacing the hotel with a facility of a lower standard, a significant shift in the flight schedule or the removal of a main excursion element may amount to a material change in the specific case.
Duty to notify the consumer without delay
The organiser or intermediary must notify the participant of material changes and their effect on the price. The date and channel of the notification, whether it reached a durable medium and the participant’s acceptance are important. The tourist’s silence should not be regarded as express acceptance in every case.
Remedies of the participant’s choice
Under Article 10 of the Regulation, the participant may consider joining the proposed package tour of equal or higher value at no extra charge, joining a tour of lower value with a refund of the price difference, or rescinding the contract without compensation. In the event of rescission, the payments are to be refunded within fourteen days at the latest from the receipt of the relevant notice.
Cancellation of the tour before it begins
If the organiser cancels the tour before it begins for a reason not attributable to the participant, Article 11 of the Regulation links the matter to the remedies of choice in Article 10. What matters is whether the alternative tour is genuinely equivalent and whether it imposes new costs on the participant. The thirty-day period regime laid down for the tourist’s own withdrawal should not be confused with cancellation by the provider.
Transfer of the tour to another participant and continuation of obligations
Regulation Article 15: seven-day notice of transfer
At least seven days before the start of the tour, the participant may transfer the package tour contract to a third person who meets the conditions, by notifying it in writing or on a durable medium. The transferor and the transferee are jointly and severally liable for the outstanding price and for any additional costs arising from the transfer. An arbitrary transfer fee exceeding the real cost, or a unilateral clause that prevents transfer altogether, should be examined in light of Article 15 and the provisions on unfair terms.
Notice and remedy of defective performance during the tour
Why is giving notice important?
Article 12/1 of the Package Tour Regulation provides that the participant must notify defects in performance without delay to the independent service provider or to the organiser/intermediary. This documents the opportunity to remedy the defect, the date, the effect of the incident and, later, the calculation of compensation. No rule of needless waiting can be derived where there is a danger to safety or health.
Price reduction if the defect is not remedied
If the business does not provide the promised service and the defect is not remedied, a reduction of the contract price may be claimed. The calculation of the reduction takes into account the actual value of the promised service, the alternative offered, and the duration and effect of the defect. There is no automatic ratio under which “an excursion was cancelled, so the whole tour price is refunded”.
Difference where the alternative is of lower value
Where the quality of the hotel or transport has been lowered, compensation for the price difference and price reduction must be calculated separately. The fact that no refund of the difference was made although a cheaper alternative was offered may be significant; the participant’s consent alone may not amount to a waiver.
If a significant obligation of the tour cannot be performed
Equivalent alternative at no additional cost
According to Article 12/2 of the Regulation, if the organiser or intermediary fails to perform a significant obligation after the tour has begun, it offers the participant an equivalent alternative arrangement for continuing the tour at no additional cost and compensates for the difference in service.
Rejection of the alternative and rescission of the contract
The participant may reject the alternative arrangement and rescind the contract. Under Article 12/3 of the Regulation, a refund is made and an appropriate consideration is calculated for the performances enjoyed up to that point. The statement that “the whole price is refunded without deduction in every case” is therefore wrong once the tour has begun; the calculation of the value of the service already performed matters.
Return arrangements
Where a significant part of the tour does not take place, the tourist’s return to the starting point, visa/transport and health/accommodation needs are assessed in light of the specific circumstances. The participant’s own necessary expenses should be documented.
Evidential value of pre-contract brochures and advertising promises
Advertised facilities and categories
Where the brochure shows a five-star hotel, a sea-view room, a children’s club or a particular entertainment programme, it is examined whether these were made part of the contract. The distinction between a clear and misleading promise and a merely general promotional photograph is important.
Comparing the contract with the service actually provided
The tour programme, the day-by-day route, the hotel list, flight times, the guiding language, free excursions and the scope of meals can be compared in a single table. For each deficiency, the promised service, the service actually provided, the difference, and the consumer’s notice and documents should be shown separately.
Who is liable when a hotel, flight or excursion is cancelled?
Independent provider and package tour organiser
A hotel lowering its standard or a transport company changing a service does not in every case end the liability of the package tour organiser. However, the conduct of the independent provider, events outside the scope and the statutory grounds for release must be assessed in the specific case; it should not be claimed that all losses will automatically be recovered from a single person.
Intermediary, representative and foreign organiser
Article 17 of the Package Tour Regulation contains a special rule on the intermediary’s liability where the foreign organiser has no representative in Türkiye. The real organiser, the type of intermediation and the representative’s address should therefore be investigated.
Price reduction and compensation for wasted holiday time
Compensation is not a second claim for the same service price
The price of a service that was not received at all, the quality difference between what was promised and what was provided, necessary additional transport or hotel expenses and wasted holiday time may be separate pecuniary/legal items. The same loss cannot be recovered twice.
Wasted holiday time
The Ministry of Trade’s package tour guide explains that, where the package tour is not performed at all or not performed properly, appropriate compensation for wasted holiday time may be claimed. The conditions of the compensation, which part of the holiday was wasted and fault/causation are assessed in the specific case.
Non-pecuniary damages require separate proof
Even if a significant deficiency in the service causes distress, not every deficient tour automatically gives rise to non-pecuniary damages. The effect on personality rights and the gravity of the incident must be examined together with the context of the historical Court of Cassation decisions.
What do Court of Cassation decisions say on package tours?
Court of Cassation 13th Civil Chamber, E.2010/3213, K.2010/13240, dated 14.10.2010
In a dispute concerning a trip to Africa in which problems arose with transport, visa information, delay and baggage, the Court of Cassation emphasised that the transport service included in the package price must be performed completely and without defect, held the rejection of the claim for non-pecuniary damages in the specific case to be contrary to law and quashed the decision. The decision belongs to the period of the former Law No. 818; it must be used by relating it to today’s Law No. 6502 and Law No. 6098 regime. Full text: https://app.dejure.ai/dokuman/d6ec7179-229b-4ea3-9068-8a15f20c9d68
Court of Cassation 13th Civil Chamber, E.2009/9084, K.2010/235, dated 20.01.2010
In a case of a consumer who could not check in to the promised hotel because of a defective service and moved to another hotel by paying the price difference, the Court of Cassation stated that a standard term providing that a matter may be proved only by certain written evidence and that anyone who accepts an alternative service automatically waives their rights may constitute an unfair term, and quashed the decision rejecting the claim. The decision is based on provisions of the Law No. 4077 period; it must be addressed in the current context together with the unfair-terms control under Article 5 of Law No. 6502 and Article 18 of the Package Tour Regulation. Full text: https://app.dejure.ai/dokuman/4270b3d6-625d-42f7-8753-c2ef134c761b
Limits of the case law
These decisions do not prove that every itinerary change leads to high compensation or every tour to a full refund. The defective performance, the extent of the change, its effect on the purpose of the holiday, the alternative offered afterwards and the concrete evidence are decisive.
The defence of release from liability is distinct from the duty to assist
Regulation Article 14: limited cases of the no-fault defence
Within the scope of Article 14 of the Regulation, the package tour organiser or intermediary may establish with concrete evidence the grounds of release laid down there, such as the participant’s fault, the unforeseeable and unavoidable conduct of a third party unconnected with the performance of the contract, or force majeure. However, the existence of these grounds does not mean that the duty to assist arising under the special conditions of the same article lapses automatically. The organiser’s responsibility for assistance and coordination aimed at continuing the tour safely or ensuring the return must be examined according to the specific provision and the course of events.
Regulation Article 18: invalidity of exclusion and waiver clauses
Contract terms stating that the participant waives the rights provided in the Regulation, or that limit or remove the organiser’s/intermediary’s statutory obligations, are invalid under Article 18 of the Regulation. Standard clauses such as “no refund in the event of an itinerary change”, “anyone who accepts the alternative hotel waives all rights” or “the agency bears no liability whatsoever” cannot be applied merely because they have been placed in the contract. Even so, which service the participant actually received, which claim was properly waived and which amount was set off are assessed separately.
Insurance and mandatory protection
In package tours sold in Türkiye, Article 12 of Law No. 1618 protects the organiser’s liability arising from the performance of the service, including in bankruptcy, with certain minimum insurance conditions. However, automatic cover is not assumed for a single accommodation booking or for all international tour sales. A tourist accident/health policy is distinct from package tour performance insurance.
What evidence is needed in an application and in litigation?
The brochure, contract, price and programme schedule, notices of change, flight and hotel records, photographs/videos, written complaints and replies to them, invoices for additional expenses and, if any, witnesses among the other participants should be preserved. The original file of the principal contract and the time information of electronic correspondence are important. In a compensation claim, the loss arising for each performance should be set out clearly in a schedule.
Consumer arbitration committee and consumer court
For 2026, consumer disputes below TL 186,000 fall within the monetary threshold of the Consumer Arbitration Committee (THH); the jurisdiction and the structure of the claim are examined separately. In claims before the consumer court, mediation as a condition precedent to litigation under Article 73/A of Law No. 6502 and the statutory exceptions must be considered. The limitation period is determined according to the contract and the type of claim; this article does not assume a single general period.
Foreign tourists and multilingual package tour documents
Whether the programme was presented in English, German or Russian matters for the participant’s knowledge of what was actually promised. If there is a significant difference between the translation and the original contract, it is investigated which text was incorporated into the contract and what the duty of disclosure was. In a foreign-element case, jurisdiction and applicable law are assessed separately under the Law on International Private and Procedural Law (MÖHUK).
Related articles: Bankruptcy of a Tour Operator or Travel Agency: Package Tour Insurance, the Tourist’s Refund and Claim Rights
Conclusion
A package tour that is not properly performed must be proved not by a mere complaint that “the holiday went badly”, but through the chain of promise, actual performance, difference, notice and loss. Before the tour begins, the remedies of choice apply in the case of a material change; during the tour, remedy, price reduction and alternative apply in the case of defective performance; and rescission and the calculation of an appropriate consideration apply separately where a significant obligation is not performed. Refund of the price, compensation for wasted holiday time and non-pecuniary damages should not be treated as substitutes for one another.
Frequently Asked Questions
Can the tour operator change the hotel in the programme?
The scope of the notice, the equivalence of the alternative and the participant’s rights are assessed under the regimes for material change and for defective performance during the tour.
An excursion was cancelled; can I get the whole tour price back?
Not in every case. The significance of the deficiency, the remedy or alternative, and the value of the services performed are decisive.
What can I do if there is a major itinerary change before the tour begins?
The options in Article 10 of the Regulation can be considered: an alternative tour, a tour of lower value with a price difference, and rescission under its conditions.
How can I leave if a significant service is not provided during the tour?
Article 12 of the Regulation provides for notice, an equivalent alternative and rescission, together with an appropriate-consideration regime for performances already rendered.
Can I claim compensation for wasted holiday time?
If the conditions for non-performance or improper performance of the package tour are met, this special claim can be considered; the amount is determined by the specific case.
The tour programme was only on a web page; does it count as part of the contract?
The pre-sale brochure, the promotion and the conditions under which the contract was concluded are examined together; what matters is the content with which the promised service was accepted.
I moved to another hotel; have I waived my rights?
Not automatically. The conditions of acceptance, any unfair waiver clause and the nature of the alternative offered are important.
Does the tour insurance cover a defective service?
Article 12 of Law No. 1618 is checked for package tours sold in Türkiye and the scope of the policy; it cannot be concluded that all losses will be paid automatically.
Can I rely on Turkish law for a tour I bought abroad?
The sale, the performance, the parties’ residence and the choice of law are assessed under MÖHUK; automatic application is not assumed.
Sources and legal bases
- Law No. 6502 on Consumer Protection (Tüketicinin Korunması Hakkında Kanun), in particular Articles 5, 13–16, 51 and 73/A.
- Regulation on Package Tour Contracts (Paket Tur Sözleşmeleri Yönetmeliği), Articles 9–18, Ministry of Culture and Tourism of the Republic of Türkiye. teftis.ktb.gov.tr
- Ministry of Trade of the Republic of Türkiye, Information on Package Tour Contracts (Paket Tur Sözleşmeleri Hakkında Bilgilendirme). tuketici.ticaret.gov.tr
- Law No. 1618 on Travel Agencies and the Association of Travel Agencies, Article 12, compulsory insurance, Ministry statement. yigm.ktb.gov.tr
- Court of Cassation 13th Civil Chamber (Yargıtay 13. Hukuk Dairesi), E.2010/3213, K.2010/13240, dated 14.10.2010, anonymised full text. app.dejure.ai
- Court of Cassation 13th Civil Chamber, E.2009/9084, K.2010/235, dated 20.01.2010, anonymised full text. app.dejure.ai