Holiday Package (Package Tour) Cancellation and Refund Process

Article 51 of TKHK No. 6502 and Package Tour Regulation regulates holiday package (package tour) contracts. It provides the consumer with the right of withdrawal, right of cancellation and right of change.

Package Tour Description

• At least two services (transportation + accommodation, or accommodation + other tourist service).
• Bulk sale in pre-packaged package.
• Duration including 24 hours or one night's stay.

Right of Withdrawal (TKHK Article 50)

• 14-day withdrawal period for distance contracts.
• Right of withdrawal before the service is performed.
• Consumer information form is mandatory.

Cancellation Before Holiday Date

• Cancellation conditions must be specified in the contract.
• A certain percentage loss is normal for cancellations close to the date.
• Full refund in case of force majeure (illness, death, epidemic).
• Alternative or full refund in case of agency cancellation.

Force Majeure and Epidemic

• Unpredictable events such as pandemic, natural disaster, war.
• The consumer has the right to cancel + full refund in this case.
• The agency's condition that "we do not provide refunds" is considered unfair (Article 5 of the TKHK).
• Coercion of “post-date coupon” by proxy — consumer does not have to accept.

Obligations of the Agency

• Information form (TKHK article 51).
• The contract is written and legible.
• Immediate notification if the service cannot be performed.
• Reducing victimization (offering alternatives).
• Refund obligation.

Supreme Court 13th HD and TKHK Arbitration Panel — Established Approach

13. HD and Provincial Consumer Arbitration Committees apply the principle of interpretation in favor of the consumer in package tour cancellation/refund files; In cases of force majeure and unfair contractual terms, it decides on a full refund. Decisions have been established in which "coupon" or "future date" coercion is considered an unfair condition.

Dispute Resolution

• Consumer Arbitration Panel: Up to a certain amount (updated annually).
• Consumer Court: In case of upper amount or qualified dispute.
• Duration: 15 days to object to the referee's decision, court action.

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