A Package Tour Is Different from a Single Hotel Reservation
A package tour is an arrangement offered at a total price that combines at least two of transportation, accommodation and other tourism services, and that lasts more than 24 hours or includes an overnight stay. A hotel reservation alone is not assessed within the same scope. Invoicing several services separately does not, by itself, disable the package tour rules. In cross-border sales, the applicable law is examined separately.
Travel agencies and tour operators
- Legal follow-up of travel agency title, operation certificate, branch and change-of-activity procedures
- Preparing the contracts among agencies, tour operators, hotels, carriers, guides and ground service providers
- Provisions on quota, allotment, guaranteed rooms, release period, cancellation, no-show, overbooking, commission and payment
- Disputes over operating without a certificate, scope of authority, inspection, administrative sanctions, prohibition of the activity and cancellation of the certificate
- Resolving disputes between agencies, between agency and hotel, and between agency and consumer through negotiation, litigation or arbitration
Package tours and linked travel services
- Preparing or reviewing package tour and other tourism service contracts in terms of consumer legislation
- Pre-contractual information, material changes, price changes, transfer, termination, cancellation and refund processes
- Claims arising from the missing or defective performance of flights, accommodation, transfers, excursions or other services
- The effect on the contract of force majeure, unavoidable and extraordinary circumstances, travel warnings or default by a service provider
- The consumer arbitration committee (tüketici hakem heyeti), the consumer court, mediation and related recourse processes
Accommodation contracts, guest safety and the operator’s liability
- Preparing the accommodation conditions, advance payment, deposit, cancellation, early departure, facility rules and additional service provisions
- Disputes over loss of or damage to a guest’s belongings, parking, safe deposit, luggage and items left in custody
- Liability arising from injuries inside the facility and from pool, beach, sports, animation, transfer, food or security incidents
- Assessing safety and discrimination risks with respect to children, guests with disabilities and persons with special service needs
- Lawful preservation of camera recordings, incident reports, witnesses, maintenance records and other evidence
Timeshare, holiday clubs and long-term holiday services
- Preparing or reviewing timeshare and long-term holiday service contracts
- Disputes over pre-contractual information, withdrawal, payment, transfer, use, dues, exchange systems and delivery of the facility
- Assessing holiday club, membership and points-based usage models from the standpoint of consumer law
- Consumer claims, invalidity of the contract, refunds, and disputes connected with title deeds and mortgages
- Distinguishing the responsibilities of the project developer, sales company, operator and financing provider
Termination, Transfer and Refund in a Package Tour
A participant’s termination made in writing or on a durable medium is assessed according to the time remaining before the tour begins. If notice is given at least 30 days in advance, the price is refunded except for mandatory statutory expenses. For later notice, the deductions in the contract and the ground for termination are examined. In the case of an unforeseeable and unavoidable circumstance or force majeure, documented third-party payments that are non-refundable and mandatory statutory expenses are separated out.
Under Article 16 of the Regulation, the refund is made within 14 days of the termination notice reaching the organizer or the intermediary. Transferring the tour to a suitable third person requires notice at least 7 days in advance. It is important to keep the record showing that the notice has arrived. These rules cannot be applied to every hotel cancellation.
Reservation, Defective Service and Evidence Preparation
Accommodation contracts for a specific date are among the exceptions to the right of withdrawal in general distance selling. However, failure to provide the promised room, facility or service requires a separate legal assessment. The state of the listing on the date of purchase, the contract, the payment, and the correspondence on changes and complaints should be kept.
In a guest safety incident, medical care and urgent safety take priority. The incident report, reports, witness details and lawfully obtained footage are preserved. A request to preserve camera recordings is considered without delay; personal data should not be published on social media.
The Real Nature of the Contract in a Timeshare
Timeshare ownership, timeshare, holiday club and points models are not the same legal right. The title deed, period of use, date of the contract, pre-contractual information and payment documents are examined. A cooperative or company partnership, or the label of association or foundation membership, cannot be used to circumvent the timeshare limitations in the law. New contracts and older relationships subject to transitional provisions are addressed separately.
Our Approach to Your File
First we determine whether the service is a package tour, accommodation or another relationship. We map the capacity of the parties and the chain of contracts, and assess the notification, refund, compensation and recourse claims separately on the basis of the documents.
Based in Antalya, with a Türkiye-Wide Connection
Güneş & Güneş Law Firm was founded in Kemer in 1999 and has been based in Antalya since 2007. Tourism transactions throughout Türkiye are planned according to the jurisdiction, document and representation requirements of the file. With communication available in Turkish, English, German and Russian, files with a Türkiye connection of persons and companies abroad can also be assessed.
Information Needed for the First Consultation
Briefly state the type of activity or dispute, the location of the facility, your capacity as a party and your request. Prepare the contract, license, decision and notification records. Report any upcoming transaction, travel or application date at the first contact. File-specific documents, secure sharing and the method of representation are clarified during the consultation.