INTRODUCTION
PURPOSE AND NATURE
1. The TÜRSAB Tourism Consumer Requests Evaluation Chart (Chart) serves as a resource for evaluating consumers' refund requests in cases where the services promised or expected in travel agency services provided to consumers are delayed or incompletely performed.
1.1. The Chart will be used for services known as "package tours," which are marketed to consumers under a single price and include at least two of the following services: transportation, accommodation, city or surrounding tours, hosting, escort, reception, and rent-a-car services.
1.2. The Chart will also be used in cases where any service within the travel agency activity provided by travel agencies is offered individually.
1.3. In cases where tourism products like accommodation or entertainment are offered directly to consumers by their producers, the Chart can be applied by analogy. However, it cannot be claimed that the resolution of the problem is based on the Chart in such cases.
1.4. The purpose of participating in travel agency services can be for leisure and tourism as well as for business, religious, educational, health, meeting, sports, or cultural reasons. These circumstances do not hinder the application of the chart.
SCOPE LIMITATIONS
2. The Chart applies to the evaluation of travel agency services purchased by the consumer regarding completed travels.
2.1. The Chart cannot be used for requests related to travels that did not occur, were not participated in, or were canceled.
2.2. In cases where the consumer abandons the service based on a deficiency claim that does not change the main feature of the product purchased for the purpose of the travel agency service and the amount of deficiency according to the chart is less than 50%, the provisions of this Chart do not apply.
PARTIES OF THE CHART
3. The Chart applies to the evaluation of requests concerning cases where one party is the product provider and seller being the travel agency, and the other party is the consumer who purchases the product and benefits from the service.
3.1. If the service is purchased on behalf of someone else, in case of a difference between the person who purchases the service and the person who participates in the service, the consumer status belongs to the person benefiting from the service.
3.2. If the beneficiary of the service is a minor or not legally competent, their legal guardian or custodian can exercise the right to apply.
APPLICABLE AUTHORITY
4. The direct submission of consumer requests to the travel agency, TÜRSAB, or another authority does not affect the application of the Chart's provisions in evaluating the request.
4.1. The TÜRSAB Arbitration Board or Consumer Commissions base their evaluation of consumer requests on the provisions of this Chart.
4.2. Consumer Problems Arbitration Committees or Consumer Courts refer to this Chart as a source because it concretizes sectoral customs and traditions in evaluating consumer requests.
CHART AND COMPENSATION LAWSUITS
5. The provisions of this Chart cannot be applied to material and moral compensation requests related to the non-occurrence of the trip, the entire trip becoming unnecessary for its intended purpose, or lacking essential elements, leading to the consumer's withdrawal from the trip or the trip being canceled by the product owner.
EVIDENCE METHOD
6. A deficiency claim is considered based on the absence of elements promised in advertising, brochures, other promotional tools, and contracts, or elements that should be present according to legislation and common customs.
6.1. If the subject of the deficiency claim is not an element required by legislation and common customs, it must be proven with a written or printed document that this element was promised to the consumer.
6.2. The deficiency claim is proven with documents such as photos and/or a report signed by someone other than the consumers.
RIGHTFUL CLAIMANTS
7. A deficiency claim can be made by persons who could not receive the services they intended to use due to the deficiency.
ALTERNATIVE DISCOUNT
8. If the subject of the deficiency claim is provided by the product owner from another business without causing additional burden or hassle to the consumer, the total refund is reduced by 50%.
CONCEPTS
9. Concepts mentioned in the Chart and some tourism terms represent the following:
Chart: TÜRSAB Consumer Requests Evaluation Chart,
Tour: Programmed organized activities by the travel agency including departure and arrival points,
Travel Agency: Business established in accordance with Law No. 1618,
Consumer: Consumer as defined by Law No. 4077,
TÜRSAB: Association of Turkish Travel Agencies,
TÜRSAB Arbitration Board: Boards established in accordance with the TÜRSAB Internal Regulations and performing judicial functions in accordance with the Civil Procedure Law,
TOAR Committee: Consumer - Hotel - Agency - Guide Relations Committee,
Guide: Individuals defined as Professional Tourist Guides in the Ministry of Tourism legislation and holders of the Professional Tourist Guide Badge,
Travel agency services: Services offered for profit to domestic and foreign tourists, including accommodation, transportation, dining, entertainment, transfer, tours, sports activities, car rental, ticket sales or reservation, domestic and international tours, meeting and congress organization, religious tourism, Hajj and Umrah organization, health and education organization abroad, etc.,
Single accommodation: Accommodation for one person in a lodging facility,
Double accommodation: Accommodation for two people in a lodging facility, in a room with two single beds or one double bed,
Triple accommodation: Accommodation in a room with a double bed and an added bed or a room with three beds according to the room's condition,
Single Supplement: The difference paid for using a room by one person in a lodging facility,
Extra Bed: An additional bed placed in the room beyond the normal bed arrangement in a lodging facility,
(BB) (Bed and Breakfast) Accommodation: Accommodation that includes the room and breakfast, with other services requiring a separate fee,
(HB) (Half Board) Accommodation: Accommodation that includes the room, breakfast, and usually dinner, consisting of two meals, with other services requiring a separate fee,
(FB) (Full Board) Accommodation: Accommodation that includes the room, breakfast, lunch, and dinner, consisting of three meals, with other services requiring a separate fee,
All-Inclusive: Accommodation that includes the room and unlimited and free provision of food and drinks as determined by the accommodation facility,
Reservation: The process of booking made by specifying the type, start, and end dates of the travel agency service offered to the consumer, generally against a prepayment,
Voucher: A document prepared based on the contract signed between the consumer and the agency, detailing accommodation, transportation, guide services, meal status, etc., usually given to the relevant person by the consumer at the time of service purchase,
Check-In: For hotels; usually settling into the room in the accommodation facility after 12.00-13.00, For flights; checking in at airports before a specified time, completing ticket and baggage procedures, and obtaining the boarding pass,
Check-Out: Leaving the accommodation facility usually before 12.00,
Open Buffet: An arrangement where guests or customers can take any amount of pre-prepared food and drinks from the buffet,
Set Menu: A predetermined menu served to all guests,
Continental Breakfast: A breakfast consisting of a hot beverage, juice, butter, jam, and bread,
A la Carte: In dining facilities, selecting the meal according to the customer's preference from the facility's menu,
Animation: All activities aimed at entertaining travelers or guests staying in accommodation facilities,
Beach: Areas by the sea, lake, or river suitable for swimming and sunbathing, equipped with facilities,
Beachfront: No building or road used for vehicle traffic between the sea and the accommodation facility,
Incentive Tour: Motivational trips given by various companies to their employees or dealers, etc.,
Tour program: The program given to the consumer before the trip, specifying the accommodation facility, meals, route, transportation means, places to visit and see,
Package tour: A tour offered to the consumer under a single price, including at least two of the services such as transportation, accommodation, city or surrounding tour, hosting, escort, reception, and rent-a-car services,
Panoramic tour: Tours usually conducted by bus for the promotion of cities, generally without entering museums and archaeological sites,
Extra tour: Tours organized in the form of half-day, full-day, or night tours, including guide, transportation, and provided services, subject to a separate fee, and organized with a certain number of participants,
Tour Leader: A travel agency employee who knows languages for international tours, responsible for ensuring the smooth progress of the trip, fulfilling the tour program, and conducting included transfers and city tours, representing the agency throughout the tour,
City center: The location where all needs can be met, containing shops, shopping centers, and official institutions,
Walking distance: Approximately 500 meters, a distance a normal person can walk without getting tired,
Museum: Places where ancient artifacts or original examples on a specific topic are exhibited,
Archaeological site: Remains of ancient, abandoned settlement sites destroyed by natural events, war, fire, etc., or their ruins,
Charter flight: Flights scheduled for specific seasons, holiday periods, holidays, specially put into service, with departure times varying according to airport traffic congestion,
Scheduled flight: Flights occurring according to a program at predetermined days and times,
No show: The amount required to be paid by the customer for not canceling the reservation of the service they have reserved or purchased after a specified time or for not using the reserved or purchased services without notice,
SECTION 2EVALUATION AND IMPLEMENTATION PRINCIPLES NOTIFICATION OF DEFICIENCY AND FAULT
10. If the deficiency or fault claim is not reported to the travel agency or facility staff during the trip and the correction of the deficiency or fault is not requested, the refund amount is reduced by 50%.
DISCRETIONARY POWER
11. The competent decision-making authority reviewing the refund request has the authority to increase the total refund rate by 25%.
CALCULATION METHOD
12. When determining the refund rate, percentage calculations are made based on the service fee in cases where a travel agency service is provided individually, on the transportation fee in package tours with transportation deficiencies, and on the fee excluding the transportation fee for deficiencies other than transportation.
12.1. If it is not possible to determine the transportation fee within the package price for international or domestic tours, 30% of the package price is calculated as the transportation fee.
12.2. In packages where transportation or other services are offered at a separate fee, the deficiency for each service is calculated based on the fee of that service.
12.3. Deficiencies calculated separately for each service in a package consisting of interconnected services are added together.
12.4. The total refund amount cannot exceed the package price.
IMPACT OF SPECIAL CIRCUMSTANCES
13. Refund rates are the same for everyone and every case. Special circumstances are reflected in the outcome within the framework of the principles found in this chart.
13.1. If the consumer has informed the travel agency at the time of reservation about their personal characteristics, such as diabetes, physical disability, and these characteristics have been recorded in the contract by the travel agency, and the travel has been undertaken despite these characteristics, consumers have the right to abandon the tour for a just cause, and the chart calculation is increased by 50%.
13.2. In cases where accommodation and other services are divided (such as Anatolia tour, Northern Europe tour, etc.) and deficiencies occur in part of the services and these deficiencies do not exceed 10% of the total, the refund request is not considered.
13.3. If transportation covers at least 30% of the package tour duration, the disruption in transportation is determined by the calculation made from the total package price.
13.4. In travel agency services sold in foreign currency, refund rates are calculated based on the currency of sale.
13.5. Deficiency claims that do not conform to the deficiency grouping in the calculation section and cannot be comparatively applied to this grouping are not considered.
ABANDONING THE TRAVEL AGENCY SERVICE
14. If the deficiency or fault related to the consumer request requires a refund of 50% or more of the travel agency service, the consumer is justified in not using the service or abandoning it. In cases where the travel agency service is abandoned, the compensation is calculated according to this chart, and the refund amount is increased by 20%. In tours rightfully abandoned, the return fee is paid separately to the consumer. If the termination of the contract by the consumer according to the Consumer Protection Law cannot be considered justified, a reduction in price is sufficient.
ALTERNATIVE SERVICE OFFER
15. Due to a deficiency or fault, the travel agency can offer additional services, a new trip, or a discount on a new trip instead of a refund. The consumer is free to accept this offer. The discount offered for the deficiency cannot be less than the refund rate provided in the chart for that deficiency.
15.1. If the consumer accepts the additional travel offer from the travel agency, it is considered that they have waived any further claims for refund or compensation related to the same incident.
15.2. Services offered as compensation for additional travel to the consumer cannot be less than the services offered to other consumers participating in the same trip.
15.3. If the consumer accepts the services or discount offered in place of the additional or deficient or faulty service during the trip, the consumer is considered to have waived their deficiency claim.
15.4. An offer of additional service or a new tour or a discount on a new tour does not bind the travel agency and does not serve as evidence against it if the offer is rejected.
RECOURSE RELATIONS
16. The consumer claiming a deficiency can apply to the travel agency from which the product was purchased or the travel agency service was sold, or directly to the business providing the faulty service, regardless of the source of the deficiency.
16.1. The travel agency that compensates for the deficiency or fault against the consumer recourses the damage to the transportation company, accommodation facility, or other businesses from which the deficiency originated.
16.2. The final responsibility for payments made for consumer requests arising from the failure of services to have the characteristics required by legislation lies with the business producing the deficient service. However, if the producer business has informed the travel agency selling the service in time about this deficiency, the responsibility lies with the travel agency.
16.3. A service committed does not bind a business that did not commit to providing those services.
SECTION 3ACCOUNT SHEET ACCOMMODATION SERVICES
17. For the following deficiencies and faults in accommodation services, the specified discount rates are applied from the accommodation fee:
17.1. In case of accommodation provided in a facility of lower standard than the one agreed upon in the contract; the price difference between accommodation facilities + 10%,
17.2. Accommodation in a different place from the agreed accommodation facility; 10% for distances up to 10 km, 25% for distances exceeding 10 km,
17.3. The accommodation facility being at a different distance from centers related to the travel purpose (such as the beach, market, etc.) than specified;
17.3.1. 10% for distances exceeding 5 km,
17.4. Accommodation in the same facility but a different room type than specified in the contract to the consumer;
17.4.1. 10% for apartment etc. instead of a hotel room,
17.5. The room-bed feature being different from what is specified in the contract;
17.5.1. Full refund for two people accommodation instead of single accommodation,
17.5.2. Full refund for three people accommodation instead of single accommodation,
17.5.3. Full refund for three people accommodation instead of double accommodation,
17.6. In case of a one-night difference in room-bed feature, the accommodation discount is calculated by dividing by the number of days.
17.7. Technical and furnishing features of the rooms being contrary to mandatory elements or qualities specified in the contract;
17.7.1. No bathroom and WC or being unusable 25%,
17.7.2. No view or balcony (if promised in the announcement, advertisement, or contract) 10%,
17.7.3. Lack of heating or cooling system, not working or not meeting the need during winter or summer months 20%, (normal room temperature ~20-23 Co)
17.7.4. No hot water (~25 Co) 25%,
17.7.5. Lack of minibar and TV if promised in the announcement, advertisement, or contract 10%,
17.7.6. Being dirty, poorly maintained, and lack of housekeeping service 10%,
17.8. Deficiencies in the common areas and features of the accommodation facility;
17.8.1. Lack of heating and cooling systems or not working during summer or winter months 10%
17.8.2. Lack of an elevator or not working in facilities more than ground +3 floors 10%,
17.8.3. Lack of cleaning services 20%,
17.8.4. Lack of additional services (such as massage, hairdresser, etc.) promised in the announcement, advertisement, or contract for each additional service 2%, up to a maximum of 10%
17.8.5. Lack of units in the facilities (such as sauna, tennis court, gym, golf, sailing, surfing, diving school and equipment, etc.) promised in the announcement, advertisement, or contract for each unit 5%, up to a maximum of 10%,
17.8.6. Lack of an open swimming pool or closed for use (for summer months) if promised in the announcement, advertisement, or contract 20%,
17.8.7. Lack of an indoor swimming pool or closed for use (for winter months) if promised in the announcement, advertisement, or contract 20%,
17.8.8. Lack of childcare facilities and options if promised in the announcement, advertisement, or contract 10%,
17.8.9. Lack of beach facilities promised in the announcement, advertisement, or contract 30%
17.8.10. Lifts not working or lack of ski technical facilities during the season, excluding reasons caused by weather conditions, if promised 25%,
17.8.11. Lack of therapy and thermal services if promised in the announcement, advertisement, or contract 30%,
DINING AND ENTERTAINMENT
18. For deficiencies in dining and entertainment services, the following refund rates apply:
18.1. Lack of entertainment venue and option (disco, nightclub, animation) if promised in the announcement, advertisement, or contract for each deficiency 5%, up to a maximum of 10%,
18.2. For each meal not available within the designated hours in the dining services, 10% of the daily accommodation rate,
18.3. In apart hotels outside urban centers, lack of a sales unit meeting customers' needs 15%,
ENVIRONMENTAL FEATURES
19. For deficiencies due to the environmental features of the facilities, the following refund rates apply:
19.1. Construction activity within the accommodation facility 30%,
19.2. Lack of an open road between the accommodation facility and its premises or places of public and city use 15%,
19.3. Presence of an open garbage area causing discomfort within 50 m of the accommodation facility 5%,
19.4. Constant and severe source of noise within the accommodation facility 5%,
TOUR SERVICES
20. For deficiencies in tour services, the following refund rates apply:
20.1. Not conducting the panoramic city tour as promised in the announcement, advertisement, or contract 5%
20.2. Lack of a tour leader in domestic tours for Turkish citizens;
20.2.1. For daily surrounding tours 25%,
20.2.2. For overnight tours 25%,
20.2.3. For special interest tours 40%,
20.3.1. In international tours, not visiting, entering, touring, or partially touring museums and archaeological sites specified in the tour program due to changes in the tour route, archaeological site entrance fee + 10%,
20.3.2. In domestic tours, not visiting, entering, touring, or partially touring archaeological sites specified in the tour program due to changes in the tour route, archaeological site entrance fee + 5%,
20.4. Deficiency in promised services or technical equipment in the transportation vehicle during the trip 5%,
20.5. If the quality of the road transportation vehicle contradicts the contract, 50% of the transportation fee,
20.6. Bad behavior of guides, tour leaders, drivers, and service staff 5%,
TRANSPORTATION SERVICES
21. For deficiencies in road transportation, the following refund rates apply:
21.1. Delays of more than 6 hours and up to 8 hours 5%,
21.2. Delays of more than 8 hours, daily rate of the package price/account as 1-day fee amount,
21.3. Lack of transfer if promised in the announcement, advertisement, or contract, the taxi fare for the transfer distance.
22. For deficiencies in air transportation, the following compensation methods apply:
22.1. In scheduled flights,
22.1.1. Non-alcoholic beverage service for delays exceeding 4 hours,
22.1.1. Meal service for delays exceeding 6 hours,
22.1.1. Accommodation is provided for delays exceeding 8 hours. These services are the responsibility of the airline and are guaranteed by the travel agency.
22.2. In charter flights, changes occurring 24 hours before the flight must be notified to the passenger. Delays and changes occurring later are subject to the rules for scheduled flights.
International flights require being at the airport 2 hours in advance, domestic flights 1 hour in advance, and no refund or compensation claim can be made due to the consumer's delay.
