Source: Association of Turkish Travel Agencies (TÜRSAB). This is the full text of the official schedule published by TÜRSAB, provided here for information purposes. This English text is an unofficial translation for the reader’s convenience; in any dispute, the official Turkish text prevails. For the binding and current version, refer to TÜRSAB’s official publications.
PART 1 — INTRODUCTION
Purpose and Nature
1. The TÜRSAB Schedule for the Assessment of Tourism Consumer Claims (the “Schedule”) is a reference source used to assess consumers’ refund claims where the services promised, or that ought to have been provided, in the travel agency services offered to consumers by travel agencies are disrupted or performed incompletely.
1.1. The Schedule shall be used for services marketed to the consumer under a single price and referred to as a “package tour” by virtue of these features — that is, a travel agency product comprising at least two of the following: transport, accommodation, city or area tours, hosting, chaperoning, meet-and-greet, and rent-a-car services.
1.2. The Schedule shall also be used where any single service within a travel agency’s activity is provided individually.
1.3. Where tourism products such as accommodation or entertainment are offered to the consumer independently by their producers, the Schedule may be applied by analogy. However, in such cases it cannot be claimed that a result was obtained “under the Schedule” in resolving the dispute.
1.4. The purpose of participating in travel agency services may be sightseeing and leisure, but it may also be based on a commercial, religious, educational, health-related, meeting-related, sporting, or cultural reason. These circumstances do not prevent the application of the Schedule.
Limits of the Field of Application
2. The Schedule applies to the assessment of travel agency services purchased by the consumer in respect of journeys that have taken place.
2.1. The Schedule cannot be used for claims relating to travel agency services that did not take place, were not attended, or were cancelled.
2.2. These Schedule provisions do not apply to services abandoned mid-way on the basis of an alleged deficiency that does not change the essential nature of the product relative to the purpose for which the consumer purchased the service and where the deficiency, according to this Schedule, is below 50%.
Parties to the Schedule
3. The Schedule applies to the assessment of claims arising from events in which the provider and seller of the product is a travel agency and the other party is the one who purchases the product and benefits from the service (the consumer).
3.1. Where the service is purchased on behalf of another, and the person purchasing the service differs from the person taking part in it, the status of consumer belongs to the person who benefits from the service.
3.2. If the person benefiting from the service is not of legal age and capacity, a parent or guardian may exercise the right to apply on that person’s behalf.
Competent Body
4. Whether consumer claims are submitted directly to the travel agency, to TÜRSAB, or to another authority does not affect the application of the Schedule provisions in assessing the claim.
4.1. The TÜRSAB Arbitration Board or the Consumer Commissions take these Schedule provisions as the basis when assessing consumer claims submitted to them.
4.2. For the Consumer Arbitration Committees (Tüketici Sorunları Hakem Heyetleri) or the Consumer Courts, this Schedule is a reference source to be consulted when assessing consumer claims, since it gives concrete form to sectoral custom and practice.
The Schedule and Compensation Lawsuits
5. These Schedule provisions cannot be applied to claims for pecuniary and non-pecuniary damages relating to the consumer’s withdrawal from the trip because the trip did not take place, the whole trip became pointless in terms of its purpose, or it lacked its essential elements, or to the cancellation of the trip by the product owner.
Method of Proof
6. A deficiency claim is taken into consideration where the elements promised to the consumer through advertising, brochures, and other promotional means and through the contract, or the elements that ought to be present under legislation and common custom, are missing.
6.1. If the element subject to the deficiency claim is not one that ought to be present under legislation and common custom, it must be proven by written or printed document that this element was promised to the consumer.
6.2. A deficiency claim is proven by documents such as photographs and/or by a report drawn up bearing the signature of a relevant party other than the consumers.
Holders of the Right to Claim
7. A deficiency claim may be raised by the persons who are unable to receive the services they were to receive and use because of that deficiency.
Substitution Discount
8. If the element subject to the deficiency claim has been obtained from another business by the product owner and provided to the consumer without additional burden or inconvenience to the consumer, the total refund is reduced by 50%.
Concepts
9. The concepts in the Schedule and certain tourism terms mean the following:
- Schedule: The TÜRSAB Schedule for the Assessment of Consumer Claims,
- Tour: A travel agency’s programmed, organised activities involving departure and arrival points,
- Travel Agency: A business established in accordance with Law No. 1618,
- Consumer: A consumer as defined under Law No. 4077,
- TÜRSAB: The Association of Turkish Travel Agencies,
- TÜRSAB Arbitration Board: The boards established under the TÜRSAB Internal Regulations that carry out adjudication in accordance with the provisions of the Code of Civil Procedure (HUMK),
- TOAR Committee: The Consumer – Hotel – Agency – Guide Relations Committee,
- Guide: Persons defined as Professional Tourist Guides under the legislation of the Ministry of Tourism and who hold a Professional Tourist Guide badge,
- Travel agency services: For profit; accommodation, transport, food, drink, entertainment, transfer, excursions, sporting activities, car rental services, ticket sales or reservations, domestic and international tours, domestic and international meeting and congress organisation, faith tourism, Hajj and Umrah organisation, health and education organisation abroad, and similar services offered to domestic and foreign tourists,
- Single occupancy: Accommodation of one person in an accommodation establishment,
- Double occupancy: Accommodation of two people in an accommodation establishment, in a room with two single beds or one double bed,
- Triple occupancy: Accommodation in an establishment in a double room with an extra bed added, or, depending on the room, in a room containing beds for three people,
- Single Supplement: The difference paid in an accommodation establishment where a room is used by a single person,
- Extra Bed: A bed added to the normal bed arrangement of a room in an accommodation establishment,
- (BB) Bed & Breakfast accommodation: A form of accommodation covering the room and breakfast, with separate charges required for other services,
- (HB) Half Board accommodation: A form of accommodation comprising two meals — breakfast and usually dinner — together with the room, with separate charges required for other services,
- (FB) Full Board accommodation: A form of accommodation comprising three meals — breakfast, lunch, and dinner — together with the room, with separate charges required for other services,
- All Inclusive: A form of accommodation in which food and drink are offered without limit and free of charge, together with the room, within the conditions set by the accommodation establishment,
- Reservation: The act of booking a place for the travel agency service offered to the consumer, specifying its type and start and end dates, usually with an advance payment,
- Voucher: A document prepared on the basis of the contract signed between the consumer and the agency, specifying details such as accommodation, transport, guiding services, meal arrangements, etc., usually handed by the consumer to the relevant person when the service is received,
- Check In: For hotels; settling into the room at the accommodation establishment, usually after 12:00 – 13:00. For flights; the ticket check and baggage processing carried out at airports before the specified time, and the collection of the boarding pass,
- Check Out: Leaving the accommodation establishment, usually before 12:00,
- Open Buffet: An arrangement in which guests or customers may take as much as they wish of the food and drink prepared in advance at the buffet,
- Set Menu: The same menu being served to all guests, created as a fixed menu,
- Continental Breakfast: A breakfast consisting of one hot drink, fruit juice, butter, jam, and bread,
- À la carte: In dining establishments, the selection of food by the customer from the establishment’s menu according to preference,
- Animation: All activities organised to ensure that travelling customers or those staying in accommodation establishments have an enjoyable time,
- Beach: A developed flat area on the shore of a sea, lake, or river suitable for swimming and sunbathing,
- Seafront (zero to the sea): The absence of any building between the sea and the accommodation establishment, or of any road over which vehicles pass,
- Incentive Tour: Reward trips given by various companies to their employees or dealers, etc., for motivational purposes,
- Tour Programme: The programme given to the consumer before the trip, specifying the establishments to be stayed in, the meals, the route and transport vehicles to be used, and the places to be visited and seen, all determined in advance,
- Package tour: A tour offered to the consumer under a single price comprising at least two of the following travel agency product elements: transport, accommodation, city or area tours, hosting, chaperoning, meet-and-greet, and rent-a-car,
- Panoramic tour: Tours made by bus to introduce cities, usually without entering museums and archaeological sites,
- Extra tour: A separately charged tour in the form of a half-day, full-day, or night tour, prepared with guiding, transport, and the services provided included, and organised where a certain number of participants is present,
- Tour Leader: An agency staff member who, for international tours, speaks a foreign language and who ensures the tour runs smoothly, that the tour programme is carried out, and that the transfers and city tours included in the programme take place, acting as the agency’s representative throughout the tour,
- City centre: The place where all needs can be met and where shops, shopping centres, and official authorities are located,
- Walking distance: A distance of approximately 500 metres that an ordinary person can walk without tiring,
- Museum: A place where antiquities or original examples on a particular subject are exhibited,
- Archaeological site: The remains of an old, ancient settlement, city, or ruin that has been destroyed or abandoned through natural events, war, fire, etc.,
- Charter flight: A flight put into service specially during certain seasons, holiday periods, and vacations, whose departure time varies according to airport traffic density,
- Scheduled flight: Flights that take place according to a programme on predetermined days and times,
- No show: The amount payable by the customer for cancelling the services they reserved or purchased after the specified time, or for failing to use the reserved or purchased services without notice.
PART 2 — PRINCIPLES OF ASSESSMENT AND APPLICATION
Notification of Deficiency and Defect
10. If the alleged deficiency or defect is not reported to the travel agency or establishment official during the trip together with a request for its remedy, the refund amount is reduced by 50%.
Discretionary Authority
11. The competent decision-making authority examining the refund claim has the power to increase the total refund rate by 25%.
Method of Calculation
12. In determining the refund rate, the percentage is calculated: on the service fee where a travel agency service is provided individually; on the transport fee for transport-related deficiencies in package tours; and on the amount other than the transport fee for deficiencies unrelated to transport.
12.1. If the transport fee within the package price cannot be determined for international or domestic tours, 30% of the package price is calculated as the transport fee.
12.2. In packages where transport or other services are offered at a separate price, the deficiency for each service is calculated on the fee for that service.
12.3. For a package consisting of interconnected services, the deficiencies calculated separately for each service are added together.
12.4. The total refund amount cannot exceed the package price.
Effect of Special Circumstances
13. The refund rates are the same for everyone and every event in the calculation. Special circumstances are reflected in the result within the framework of the principles set out in this Schedule.
13.1. Where the consumer has informed the travel agency at the time of reservation about personal characteristics such as diabetes or physical disability, and these characteristics have been recorded in the contract by the travel agency, and the trip has nonetheless been warranted to the consumer, then for deficiencies in the warranted matters the consumer has the right to abandon the tour for just cause, and the Schedule calculation is increased by 50%.
13.2. Where accommodation and other services are divided (such as an Anatolia tour or a Northern Europe tour) and deficiencies occur in part of the services, and this deficiency does not exceed 10% in total, the refund claim is not taken into account.
13.3. Where transport covers at least 30% of the duration within the package tour, disruption in transport is determined by calculation on the total package price.
13.4. For travel agency services sold in foreign currency, in the refund rates the amount is calculated on the currency subject to the sale.
13.5. Deficiency claims that do not conform to the deficiency classification in the calculation section, and where the deficiency cannot be applied by analogy to this classification, are not taken into account.
Abandonment of the Travel Agency Service
14. If the deficiency or defect relating to the consumer’s claim is in an amount requiring a refund of 50% or more of the travel agency service, the consumer is entitled not to use the service or to abandon it mid-way. Where the travel agency service is abandoned, compensation on the consumer’s claim is calculated according to this Schedule and the refund amount is increased by 20%. In tours justifiably abandoned mid-way, the return fare is paid to the consumer separately. Under the Consumer Protection Law, if the consumer’s termination of the contract cannot be regarded as justified under the circumstances, a price reduction alone applies.
Offer of Substitute Service
15. Even if the consumer has abandoned or completed the service due to a deficiency or defect, the travel agency may, instead of a refund, offer an additional service, a new trip, or a discount to be applied on a new trip. The consumer is free to accept or reject this. The discount to be offered for a deficiency cannot be less than the refund rate foreseen in the Schedule for that deficiency.
15.1. If the travel agency’s offer of an additional trip is accepted by the consumer, refund or compensation claims relating to the same event are deemed waived.
15.2. The services to be offered to the consumer as compensation in the form of an additional trip cannot be less than the services offered to other consumers taking part in the same trip.
15.3. If, in response to the consumer’s deficiency or defect claim, the additional services or the services provided in place of the deficient or defective service, or the discount, are accepted by the consumer during the trip, the consumer is deemed to have waived the deficiency claim.
15.4. An offer of an additional service, a new tour, or a price reduction on a new tour does not bind the travel agency if the offer is rejected and does not constitute evidence against it.
Rights of Recourse
16. The consumer raising a deficiency claim may apply, regardless of who caused the deficiency, to the travel agency from which the product was purchased or which sold the travel agency service, or directly to the business providing the defective service.
16.1. The travel agency that compensates the consumer for the deficiency or defect has recourse for this loss against the transport business, accommodation establishment, or other businesses from which the deficiency originated.
16.2. The ultimate party responsible for payments made in respect of consumer claims arising because services do not have the characteristics they ought to have under legislation is the business that produced the deficient service. However, if the producing business notified the travel agency that sold the service of this deficiency in time, responsibility lies with the travel agency.
16.3. A promised service does not bind a business that did not undertake to provide those services.
PART 3 — CALCULATION TABLE
Accommodation Services
17. For the following deficiencies and defects in accommodation services, the specified reduction rates are applied to the accommodation fee.
17.1. Where accommodation is provided in an establishment of a lower standard than that of the accommodation establishment subject to the contract; the price difference between the accommodation establishments + 10%,
17.2. Accommodation in a place different from the accommodation establishment subject to the contract; 10% for a distance from 2 km up to 10 km, 25% for a distance exceeding 10 km,
17.3. The accommodation establishment being at a distance different from that stated to centres relevant to the purpose of the trip (such as beach or bazaar);
- 17.3.1. 10% for a distance exceeding 5 km,
17.4. In the same accommodation establishment, but a room type different from the one specified in the contract being offered to the consumer;
- 17.4.1. Apartment etc. instead of a hotel room 10%,
17.5. The room-bed feature differing from that specified in the contract;
- 17.5.1. Full refund of the fee where two-person occupancy is provided instead of single occupancy,
- 17.5.2. Full refund of the fee where three-person occupancy is provided instead of single occupancy,
- 17.5.3. Full refund of the fee where three-person occupancy is provided instead of double occupancy,
17.6. Where the room-bed feature differs for one night, the accommodation reduction is calculated by dividing by the number of days.
17.7. The technical and furnishing features of the rooms being contrary to mandatory elements or to the qualities specified in the contract;
- 17.7.1. No bathroom and WC, or being unusable 25%,
- 17.7.2. No view or balcony (where promised in an advertisement, promotion, or the contract) 10%,
- 17.7.3. Heating or cooling system being absent, not working, or not meeting the need, in winter or summer months 20% (normal room temperature ~20-23 °C),
- 17.7.4. No hot water (~25 °C) 25%,
- 17.7.5. No minibar and TV where promised in an advertisement, promotion, or the contract 10%,
- 17.7.6. Being dirty and unmaintained and lacking housekeeping service 10%,
17.8. Deficiency in the common areas and features of the accommodation establishment;
- 17.8.1. Heating and cooling systems being absent or not working, in summer or winter months 10%,
- 17.8.2. No lift, or the lift not working, in establishments of more than ground +3 floors 10%,
- 17.8.3. No cleaning services 20%,
- 17.8.4. Where promised in an advertisement, promotion, or the contract, the absence of additional services (such as massage, hairdresser) 2% per additional service, maximum 10%,
- 17.8.5. Where promised in an advertisement, promotion, or the contract, deficiency in the facilities’ units (such as the absence of a sauna, tennis court, gym, golf, sailing, surfing, diving school and its equipment) 5% per unit, maximum 10%,
- 17.8.6. Where promised in an advertisement, promotion, or the contract, the absence of an outdoor swimming pool or its being closed to use (for summer months) 20%,
- 17.8.7. Where promised in an advertisement, promotion, or the contract, the absence of an indoor swimming pool or its being closed to use (for winter months) 20%,
- 17.8.8. Where promised in an advertisement, promotion, or the contract, the absence of childcare facilities and provision 10%,
- 17.8.9. Where the beach facilities promised in an advertisement, promotion, or the contract are absent 30%,
- 17.8.10. Except for reasons arising from weather conditions, the promised lifts not working or ski-technical facilities being absent, in season 25%,
- 17.8.11. Where promised in an advertisement, promotion, or the contract, the absence of therapy and thermal services 30%,
Food and Entertainment
18. For deficiencies relating to food and entertainment services, the following refund rates are applied:
18.1. Where promised in an advertisement, promotion, or the contract, the absence of an entertainment venue and facility (disco, nightclub, animation) 5% per deficiency, maximum 10%,
18.2. For each meal in food and drink services that cannot be taken within the hours set at the establishments, 10% of the daily accommodation fee,
18.3. Where there is no sales unit meeting customers’ needs in apart-hotels outside settlement centres, 15%,
Environmental Features
19. For deficiencies arising from the environmental features of the establishments, the following refund rates are applied:
19.1. Construction activity within the accommodation establishment 30%,
19.2. No usable road between the accommodation establishment and its annexes, or between it and places in city and public use 15%,
19.3. An open waste area of a disturbing size within 50 m of the accommodation establishment 5%,
19.4. A continuous and intense noise source within the accommodation establishment 5%,
Tour Services
20. In the event of a deficiency in tour services, the following refund rates are applied:
20.1. Where promised in an advertisement, promotion, or the contract, the panoramic city tour not being carried out 5%,
20.2. The absence of a tour leader on tours for Turkish citizens within the country;
- 20.2.1. On daily area tours 25%,
- 20.2.2. On overnight tours 25%,
- 20.2.3. On special-interest tours 40%,
20.3.1. On international tours, where, due to a change in the tour route, a museum or archaeological site specified in the tour programme is not visited, not entered, not toured, or only partially toured, the archaeological site entrance fee + 10%,
20.3.2. On domestic tours, where, due to a change in the tour route, an archaeological site specified in the tour programme is not visited, not entered, not toured, or only partially toured, the archaeological site entrance fee + 5%,
20.4. Deficiency in the promised service or technical equipment on the transport vehicle during the trip 5%,
20.5. Where the nature of the road transport vehicle is contrary to the contract, 50% of the transport fee,
20.6. Poor behaviour of the guide, tour leader, driver, and service staff 5%,
Transport Services
21. For deficiencies in transport services in road transport, the following refund rates are applied:
21.1. Departure time being delayed by more than 6 hours and up to 8 hours 5%,
21.2. Departure time being delayed by more than 8 hours, the amount of one day’s fee on a package price/day basis,
21.3. Where promised in an advertisement, promotion, or the contract, if the transfer is not carried out, the taxi fare for the transfer distance.
22. For deficiencies in transport services in air transport, the following compensation methods are applied.
22.1. On scheduled flights,
- 22.1.1. For delays exceeding 4 hours, a non-alcoholic drink is offered,
- 22.1.2. For delays exceeding 6 hours, a meal is offered,
- 22.1.3. For delays exceeding 8 hours, accommodation is provided. Providing these services is the responsibility of the airline and is under the guarantee of the travel agency.
22.2. On charter flights, changes occurring 24 hours before the flight must be notified to the passenger. For delays and changes occurring later, the rules relating to scheduled flights apply.
For international flights, one must be at the airport 2 hours before, and for domestic flights 1 hour before; the consumer cannot make any refund or compensation claim due to their own lateness.