Package Tour Agreements
The legal notion of package tour agreement is defined in Section 6(C) of the Consumer Protection Law No. 4077 as follows: “package tour agreement is defined as an agreement selling or undertaking to sell at least two of travel, accommodation and other tourism services together at an all-inclusive price, covering a period longer than 24 hours or overnight accommodation.” This definition is important, because it distinguishes package tour agreements from excursion agreements. A package tour sold at an all-inclusive price as defined in the law contains travel insurance too.
The Ministry of Industry and Trade passed the Regulation No. 29236 on Rules and Procedures Governing Package Tour Agreements in 2015.
Each package tour agreement is created by a tour organizer or its agent and a consumer. The tour organizer or its agent is obliged to give the consumer detailed information before signing the package tour agreement. After the consumer decides to buy a package tour agreement, the parties can sign such agreement in writing or in any other permanent medium. What should be paid attention here is that a package tour agreement must be executed in writing, so that it will be possible to use it as evidence in case of a legal dispute.
The consumer who signed such package tour agreement is entitled to claim reduction of the agreement price for each non-fulfilled condition of the agreement, and to withdraw from the agreement if it is fulfilled with gross fault. If the agreement price is not reduced in case of default, the tour organizer or its agent can be held liable to the consumer on the grounds of unjust enrichment.
Depending on the amounts of disputes arising from package tour agreements, consumers may file a lawsuit with the Consumer Court, Province Consumer Arbitration Court or Borough Consumer Arbitration Court having jurisdiction over the borough he/she lives. There is no specific rule on time-bar, but Section 146 of the Turkish liabilities Law may be considered applicable, so that it may be considered that such claims will be subject to a time-bar period of 10 years.
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