Av. Sevcen CAN & Av. Yasemin ÇORAK
In our previous articles, we explained the changes that may take place in the essential elements of the contract (Please see…), the cancellation of package tour and the defective performance of the contract (Please see…). In this article, we explain some provisions about general liabilities related to package tour contracts.
Liability:
According to Implementing Regulation on Package Tour Contracts, the package tour organizer/agent shall be liable for all kinds of losses incurred by the consumer due to the complete or partial failure of the contract’s performance. Additionally, the consumer may also request a suitable compensation for wasted vacation time. However, in cases where the breach of contract arises from the circumstances below, the tour organizer/agent shall not be liable for complete or partial failure of the contract’s performance:
- In cases where there is a fault of the consumer,
- In cases where there is an unexpected or unpreventable behavior of a third person,
- In the event of a force major,
- In the event of occurrence of a circumstance which the organizer/agent could not foresee or prevent despite all care.
- In cases where the package tour is canceled due to the minimum level of participation for the organization could not be ensured and where such cancellation is notified to the consumer at least twenty days before the start of tour.
Clauses in the contract or in any other document that regarding the consumer’s waiver from exercising his rights, or that limit or eliminate these obligations of the organizer/agent, shall be void.
In our next article, we will explain transfer or termination of the package tour contract.