Av. Sevcen CAN & Av. Yasemin ÇORAK
Procedures and principles regarding package tour contracts are regulated in the Article 51 of Law on Consumer Protection No. 6502 and Implementing Regulation on Package Tour Contracts. Accordingly, package tour contracts can be defined as contracts where at least two of the transport, accommodation and other tourism services are sold or offered for sale at an inclusive price by package tour organizers/agents. Package tour mentioned in the definition shall include service which covers a period longer than 24 hours or includes an overnight accommodation. In practice, package tour is also called package holiday, package travel etc. Sometimes, in contracts, situations such as changes in the essential elements of the contracts, cancellation of package tour, defective performance of the contract may take place. In this article, we explain liabilities of package tour organizers/agents and rights of consumers in such cases.
Changes in the essential elements of the contracts: .
Concept of the ‘change in the essential elements of the contracts’ can be defined as significant changes on the content of the contract, especially price changes, which is made by the organizer/agent for reasons not caused by the consumer and prior to package tour’s start (change on starting/ending date of the holiday, hotel change, room change, location change etc…) In case of significant contract changes, the organizer/agent shall immediately notify the consumer about the contract changes and their impacts on the price. In this case, consumer may exercise one of the optional rights below.
– To accept the significant contract changes,
– To participate in another package tour of an equal or a higher price which is offered by the organizer/agent, without any extra payment,
– To participate in another package tour of a lesser price on condition that the price difference is refunded.
– To renege on the contract without paying any compensation.
In the case that the contract is reneged on by consumer, the package tour organizer/agent shall refund the whole price paid by the consumer without making any deductions, in fourteen days following the date they receive such notification.
Please see our another article regarding the cancellation of package tour and the defective performance of the contract. (Please see…)
Please see our article regarding the effect of Covid-19 pandemic on package tour contracts. (Please see…)