Av. Sevcen CAN & Av. Yasemin ÇORAK
In our previous article, we explained the liabilities of package tour organizers/agents and rights of consumers in the case that significant contract changes take place (Please see…). In this article, we explain the cancellation of package tour and the defective performance of the contract.
Cancellation of the package tour:
In cases where the package tour is cancelled by the organizer/agent for reasons not caused by the consumer and prior to package tour’s start, the consumer may exercise one of the optional rights below.
– 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.
Defective performance of the contract:
The consumer shall notify the package tour organizer/agent immediately of all kinds of deficiencies emerging during the performance of the contract. In cases where such deficiencies are not remedied by the organizer/agent, the consumer has right to request a discount in the price.
In the case that the organizer/agent will not be able to perform one of his significant obligations after tour’s start, the organizer/agent shall offer the consumer other equal arrangements without additional cost and shall compensate for the difference between the services which is proposed and which is offered. The consumer has right to renege on the contract without paying any compensation by not agreeing to the alternative arrangement. In the case that consumer reneges on the contract, payments made by consumer shall be refunded latest in fourteen days from the date of notification. Additionally, the organizer/agent shall be liable to ensure the transfer of consumer if necessary and shall cover the expenditures made in the event of obligatory accommodation.
In our next article, we will explain some general provisions related to liability.
Please see our article regarding the effect of Covid-19 pandemic on package tour contracts.