Av. Sevcen CAN & Av. Yasemin ÇORAK
The Covid-19 pandemic, which has invaded Turkey as it made the same to the whole world for the last few months, has deeply affected the life economically and socially. For reasons such as travel restrictions, curfews, lockdowns, hygiene rules to be followed, the tourism sector in Turkey has been one of the sectors where the negative effects of the pandemic are seen most.
The start of the pandemic in Turkey coincided with the spring months. Although the significant decrease in the number of cases recently, the date of the ending is still unpredictable. Therefore, many consumer are curious about the consequences of tourism services (accommodation, tour, transport etc.) they bought in winter with the advantage of early booking.
Regarding the contracts which concluded in period when the pandemic has not occured or its impact has not been great yet, the rights that consumers have is regulated in the Implementing Regulation on Package Tour Contracts (“Regulation”). According to the Regulation, the consumer has the right to terminate the contract unilaterally under the condition that he notifies the organizer/agent in writing.
In termination notification that is made at least 30 days before the start of the package tour; price which is paid by the consumer shall be refunded without making any cuts (excluding taxes, charges and other legal liabilities). So, if the termination is at least 30 days before, the reason (travel restrictions, force major etc…) for the termination will not be discussed.
In termination notification that is made less than 30 days before the start of the package tour; a cut of a certain amount or rate may be made under the condition that it is agreed in the contract. In cases where termination notification is made for reasons that the consumer could not foresee or could not perevent despite all care or as a result of force major, price which is paid by the consumer shall be refunded without making any cuts (excluding taxes, charges and other legal liabilities).
Finally, whenever the termination notification is made, in cases where it is not possible to participate in the tour due to the negative effects of the pandemic and the rules, restrictions and prohibitions imposed due to the pandemic, consumers can be terminate the tour contract uniliterally and request refund of payments without any cut.
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