A Single Incident Can Give Rise to More Than One Legal Process
An incident at a facility can be the subject of guest compensation, an insurance notice, an administrative inspection and a criminal investigation. The parties, evidence and time limits of these files are not the same. Making an application in one file does not automatically complete the steps in the other files. Claims and responsibilities should be tracked in a separate schedule.
Insurance, damage and compensation disputes
- Reviewing facility, fire, business interruption, third-party liability, employer, professional liability, cyber risk and travel insurance policies
- Disputes over damage notices, expert reports, scope of coverage, underinsurance, deductibles, rejection and the calculation of compensation
- Liability and recourse assessment regarding damage claims by guests, employees, suppliers or third parties
- Insurance or contractual claims arising from natural disasters, fire, epidemics, infrastructure failures and business interruption
- Legal representation before the Insurance Arbitration Commission and in mediation and litigation processes
Negotiation, mediation, litigation and arbitration in tourism disputes
- Disputes among the hotel owner, operator, management company, brand owner, agency, tour operator, supplier, financing institution and customer
- Determining jurisdiction, competence and the conditions for filing suit according to whether the dispute is commercial, consumer, labor, administrative or of another legal nature
- Conducting mediation as a condition for filing suit, or voluntary negotiation processes
- Lawsuits before commercial, consumer, labor and administrative courts; appeal (istinaf) and cassation (temyiz) processes
- National and international arbitration; recognition, enforcement and execution of foreign court judgments or arbitral awards
The Nature of the Claim Determines the Route of Application
For a consumer receivable, the route of the arbitration committee (hakem heyeti) or the court is determined by the monetary threshold on the application date and the type of dispute. The scope of mandatory mediation as a condition for filing suit, and its exceptions, are also checked separately. Commercial receivables, rent, labor and administrative acts cannot be brought together in the same judicial route.
A complaint made to TÜRSAB or the Ministry must be distinguished from a claim for a refund or for damages. A complaint may lead to the other party being inspected; it does not ensure that compensation is paid automatically to the person. While an in-platform resolution or negotiation is ongoing, the statutory time limits are also followed.
Insurance Notice and Preservation of Evidence
Whether the incident falls within the policy is examined on the basis of the risk, exclusions, deductibles, limits and notice obligations. Photographs of the damage, reports, maintenance records, expert reports and expense documents should be preserved. Business interruption cover does not automatically compensate every loss of activity.
The possibility of applying to the Insurance Arbitration Commission is assessed according to the insurance relationship, the institution’s participation in the system or a special regulation, a preliminary application and other conditions. It is not assumed that the routes of court, arbitration and arbitration committee can be used together for the same dispute.
International Contracts and Arbitration
In a dispute with a foreign hotel brand or tour operator, the governing law, court jurisdiction, a valid arbitration agreement and the country where the decision will be enforced are examined together. Because arbitration is named in the contract, it may not cover all claims; mandatory consumer provisions and arbitrability are assessed separately.
Needs for foreign documents, translation, access to evidence and service of process are reflected in the budget and timeline. Where local representation is needed in a foreign country, coordination with authorized professionals in that country is planned. Legal support in Türkiye does not mean direct authority to represent in every country.
Dispute Summary to Prepare Before the Consultation
Write the incident in chronological order; state the parties to the contract, the outcome you want and any earlier applications. Separate the amount demanded from the damage that can be documented. If there is a notification, an insurance or a platform response deadline, report it at the first contact. Do not postpone the assessment of time limits because of missing documents.
Our Approach to Your File
First we determine the basis of the claim, the correct counterparty and the route of application. We assess the evidentiary and financial risks, and explain the options of settlement, litigation, arbitration and post-judgment collection together with the scope of services and expenses.
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.