Travel and Tourism Law in Türkiye I. Introduction. – II. Evolution of Tourism and Hospitality Rules in Türkiye. – III. Importance of Tourism in Turkish Economy and Some Statistics. – IV. Legal Sources of the Tourism and Hospitality Law in Türkiye. 4.1. Constitution of the Republic of Türkiye. 4.2. International Agreements. 4.3. Laws and Regulations. – V. Obligations of the Tourism Actors. 5.1. Obligations of the Hotel Operator. 5.2. Obligations of the Tour Operator. 5.3. Medical Tourism: Obligations of Hospitals, Doctors, and Intermediaries. 5.4. Obligations of the Guest. 5.5. Obligations and Liabilities of Third Parties. – VI. Contemporary Legal Issues in Turkish Tourism. 6.1. Law No. 7464: The Radical Regulation of Short-Term Rentals (“The Airbnb Law”). 6.2. Platform Liability. – VII. Conclusion. I. INTRODUCTION Due to its nature, tourism is a multidimensional global phenomenon; economically based as it is, yet inextricably bound to socio-cultural exchange, with resource utilization as its underlying framework. Corresponding to its operational intricacy, the body of law regulating its activities—known collectively as the law of Travel and Tourism—constitutes an exceedingly broad and rapidly changing field of jurisprudence. Within the legal structure of Türkiye, Tourism Law is not a uniquely selfsufficient and deeply coded sector of law within the confines of the Turkish legal order. Rather, it is a distinctly interdisciplinary legal area that consolidates, interprets, and regulates an extremely broad range of legal concepts in order to define the multifaceted relationships formed between tourists, commercially focused tourism service providers (such as owners of accommodations, tour operators, and travel agencies) and state entities/institutions. The inherently interdisciplinary nature of Turkish Tourism Law obligates its application and synthesis concurrently on the basis of Private Law and Public Law. 1 İbrahim Enes Altan1 AltanLegal, enesaltan@altanlegal.com.
From the Private Law viewpoint, the legal essence of a tourism-based transaction is defined predominantly by the Turkish Code of Obligations no. 6098 (Türk Borçlar Kanunu) and the Turkish Commercial Code no. 6102 (Türk Ticaret Kanunu). All types of accommodation contracts, travel agency agreements, and booking transactions in essence are based on the fundamentals of contract law, tort liability, and business operational law. Meanwhile, given the popularization and mass nature of the tourism industry, the law of Consumer Protection also forms a core pillar of the area, ensuring tourists (in their roles as consumers) adequate protection from unfair commercial practices, asymmetric information, and deficient services. With regard to Public Law, Administrative Law governs—through its administrative procedures—how tourism businesses are regulated in terms of their licensing, zoning, classification, and ongoing supervision by the Ministry of Culture and Tourism and/or local municipal authorities. Constitutional Law and Environmental Law also have a profound impact on the state’s macro policies regarding development and natural resource utilization in the tourism sector (e.g., state regulations on public utilization of coastal areas and protected cultural heritage sites). Furthermore, a key element in the dynamic evolution of the law of Travel and Tourism in Türkiye has been the process of EU accession, which triggered a significant transformation of the legal framework of the sector through harmonization of domestic law with the EU acquis. This caused a fundamental paradigm shift from merely offering incentives for physical investment in the tourism industry to focusing on legal protection for consumers and the transparent, standardized functioning of the tourism market. This shift is particularly visible through the enactment of modernized consumer protection law and highly detailed secondary legislation, such as those governing package travel contracts, which directly implement and mirror EU directives to ensure equivalent levels of legal safety for tourists regardless of nationality. The aim of this article is therefore to analyze the entire edifice of the law of Travel and Tourism in Türkiye, focusing on its evolutionary aspects, the legal hierarchy, the rights and obligations of key market actors, and the complex apportionment of liability within modern tourism relationships. It also addresses the legal order regulating the current and future tourism industry in Türkiye. 2 ENES ALTAN
II. EVOLUTION OF TOURISM AND HOSPITALITY RULES IN TÜRKIYE The historical trajectory of tourism and hospitality regulations in Türkiye reveals a structural evolution that parallels the country’s socio-economic and political transformation throughout the republican era. This legal and policydriven development can be categorized into three distinct normative phases: the early republican initiatives focused on foundational institutionalization, the planned economy paradigm characterized by centralized administrative coordination, and the post-1980 liberalization era that culminated in contemporary consumer-centric harmonization with the European Union (EU) acquis communautaire2 During the initial decades of the Republic (1923–1960), tourism was not governed by a comprehensive, unified legal framework. Instead, regulatory interventions were sporadic and primarily driven by civil society initiatives under state patronage. The foundational institutional step was taken with the establishment of the Türk Seyyahîn Cemiyeti in 1923, later reorganized as the Türkiye Turing ve Otomobil Kurumu (TTOK), which assumed quasiadministrative duties in promoting travel and formulating initial hospitality standards.3 Public law interventions during this period were limited to localized administrative police regulations, notably through the Municipalities Law No. 1580 of 1930, which granted local governments the authority to inspect, classify, and regulate the tariffs of local accommodation facilities and public inns to maintain public order and health.4 The transition to a highly coordinated and centralized tourism policy occurred in the 1960s with the introduction of the planned economy model. Under the aegis of the State Planning Organization (Devlet Planlama Teşkilatı), tourism was legally recognized as a macro-economic instrument capable of rectifying balance-of-payments deficits and fostering regional development.5 This era witnessed significant structural transformations at the executive level; the administrative apparatus evolved from the Ministry of Press, Broadcasting, 2 Gözde Yıldırım & Yasin Keleş, “Avrupa Birliği Turizm Politikaları ile Türkiye Turizm Politikalarının Karşılaştırılması”, Ankara Hacı Bayram Veli Üniversitesi Turizm Fakültesi Dergisi, 25/2 (2022): 146 3 Erkan Dağlı & Mehmet Bahadır Kalıpçı, “Cumhuriyet’in Kuruluş Dönemi Türkiye’sinde Turizm Faaliyetleri”, Anatolia: Turizm Araştırmaları Dergisi, 34/3 (2023): 110 4 A. Köseoğlu, Çağatay Ünüsan, & Mete Sezgin, “1923’ten Günümüze Türk Turizm Pazar(Lar)ının Geli-� şimi”, Akşehir Meslek Yüksekokulu Sosyal Bilimler Dergisi, 16 (2023): 14 5 Yıldırım & Keleş, 2022: 168 3 TRAVEL AND TOURISM LAW IN TÜRKIYE
and Tourism established in 1957 into the specialized Ministry of Tourism and Information in 1963 via institutional restructurings aimed at integrating legislative strategies with comprehensive Five-Year Development Plans (Beş Yıllık Kalkınma Planları).6 A significant development occurred with the enactment of the Tourism Encouragement Law No. 2634 in 1982, which serves as the bedrock of modern Turkish tourism infrastructure law. Law No. 2634 replaced the outdated and restrictive provisions of the Tourism Industry Encouragement Law No. 6086 of 1953 by introducing legal incentives designed to attract domestic and Foreign Direct Investment (FDI).7 The primary regulatory mechanisms introduced by Law No. 2634 included the allocation of public immovable properties within designated Culture and Tourism Protection and Development Regions (Kültür ve Turizm Koruma ve Gelişim Bölgeleri) to private investors for long-term leasehold periods, alongside substantial tax exemptions, customs duty waivers, and subsidized utility tariffs for certified tourism investments.8 This statute catalyzed the transition from localized hospitality businesses to a mass tourism industry.9 In tandem with these commercial advancements, the legal relationships between tourism actors underwent a significant transformation driven by the EU accession process and the modernization of consumer law. Historically, the Travel Agencies and the Association of Travel Agencies Law No. 1618 of 1972 had focused primarily on the administrative licensing and operational boundaries of travel agencies, offering negligible protections for the traveler as the weaker contract party.10 However, the harmonization requirements of the EU acquis necessitated a fundamental shift from investor-centric legislation to comprehensive consumer protection. This regulatory realignment manifested in the modernization of general contract provisions and specific consumer statutes. The integration of EU consumer standards was initially realized through amendments to the repealed Consumer Protection Law No. 4077, and 6 Yusuf Ormankıran, Ali Turan Bayram, & Ercan Karaçar, “Turizm Bakanları Üzerine Bir İnceleme”, Turizm Akademik Dergisi, 2 (2015): 4 7 İsmail Bilgiçli & Burhanettin Zengin, “Evaluation of Tourism Establishments in Terms of Tourism Incentive Law”, Uluslararası Hakemli Beşeri ve Akademik Bilimler Dergisi, 19 (2017): 2 8 Hasan Nerad, “Taşınmazların Turizm Amaçlı Kullanımı”, İdare Hukuku ve İlimleri Dergisi, 12 (1995): 289 9 Ayşe Okuyucu, “Tourism Development in Turkey: Development Process, Challenges and Patterns”, The Journal of Academic Social Science Studies, 6/7 (2013): 818 10 Efe Dündar, “Kırsal Turizm Açısından Turizm Hukukundaki Yaptırımlar”, International Rural Tourism and Development Journal, 2 (2018): 2 4 ENES ALTAN
subsequently achieved its current comprehensive form under the active Consumer Protection Law No. 6502.11 Law No. 6502 systematically harmonized Turkish tourism transactions with European directives—specifically regarding package travel, distance contracts, and timeshare/long-term holiday products— thereby establishing strict information disclosure duties, unconditional rights of withdrawal, and objective liability regime for tour operators and accommodation providers.12 Consequently, the contemporary normative landscape of Turkish tourism law stands as an interdisciplinary synthesis wherein public administrative incentives and strict private law consumer protections coexist within a structurally unified framework. III. IMPORTANCE OF TOURISM IN TURKISH ECONOMY AND SOME STATISTICS Tourism functions as an indispensable macroeconomic stabilizer within the Turkish economy, primarily due to its structural capacity to generate substantial foreign exchange inflows and offset chronic current account deficits (cari açık)13. The economic dependency on the hospitality sector directly shapes the legal and administrative incentives designed by the state. Historically, and maintaining its momentum into the modern era, the sector has been documented to cover approximately 40% of the national foreign trade deficit and constitutes over 20% of total export revenues, while directly employing nearly a million individuals in its core operational services.14 Recent macroeconomic analyses emphasize that achieving sustainable economicgrowthinTürkiyeisinextricablylinkedtothecontinuousmodernization of tourism policies and their underlying legal frameworks. Strategic evaluations as of 2024 indicate a crucial transition in national objectives—from merely increasing quantitative visitor volumes to maximizing qualitative per capita revenue generation through sustainable and diversified tourism models.15 11 Yasemin Güllüoğlu & Ahmet Onur Gani, “Türk Hukuku Açısından Paket Tur Sözleşmesi”, ASBÜ Hukuk Fakültesi Dergisi, 2024/2: 1310 12 Ebru Ceylan, “Paket Tur Sözleşmesiyle İlgili 6502 Sayılı Yeni Tüketicinin Korunması Hakkında Kanun’a Göre Getirilen Düzenlemeler”, Hukuk Fakültesi Dergisi, 1 (2015): 75 13 Fatma Birgücü, “Türkiye’de Turizm Sektörünün Ekonomik Büyümeye Etkisi”, Sosyal Bilimler Akademik Gelişim Dergisi, 2/1 (2024): 30 14 Günnur Diker, “Effective Governance and Policy Instruments: A Short Look to the Turkish Case”, (2015): 15 15 İbrahim Birkan & Tuğrul Toker, “Assessment of Turkish Tourism as of 2024: Strategic Directions and 5 TRAVEL AND TOURISM LAW IN TÜRKIYE
A economically significant manifestation of this qualitative shift is the medical and health tourism sub-sector. Driven by public health expenditures and private institutional investments, health tourism revenues and the influx of international patients exhibited an exponential growth trajectory between 2012 and 2023, solidifying Türkiye as a highly competitive global health destination and necessitating specific legal regulations for intermediary health agencies.16 From a juridical perspective, these staggering economic statistics rigorously justify the continuous legislative interventions by the state. The direct and proven correlation between tourism revenues and the overall gross domestic product (GDP) growth necessitates that the legal ecosystem remains secure and predictable to attract massive foreign and direct domestic investments.17 Consequently, the state actively utilizes public law instruments—such as longterm public land allocations, infrastructural subsidies, and tax exemptions—to sustain this critical economic artery, thereby inextricably intertwining the nation’s macroeconomic survival with the meticulous application of Tourism Law.18 IV. LEGAL SOURCES OF THE TOURISM AND HOSPITALITY LAW IN TÜRKIYE Travel and Tourism Law in Türkiye is not codified within a single, isolated statute; rather, it is a dynamic, living mosaic of legal norms. Because the tourism sector operates at the intersection of private commerce, public administration, and international mobility, its legal sources are highly hierarchical and diverse. The normative framework systematically descends from the absolute mandates of the Constitution down to globally harmonized international treaties, and finally to specific domestic codes and administrative regulations. 4.1. Constitution of the Republic of Türkiye The 1982 Constitution of the Republic of Türkiye serves as both the genesis and the ultimate boundary for all tourism-related legislation. At its core, the Constitution secures the indispensable freedoms that make tourism possible: the Sustainable Development”, Turizm ve İşletme Bilimleri Dergisi, (2024): 1-2 16 Mustafa Anıl Dinç, “Sağlık Harcamalarının Sağlık Turizmi Üzerindeki Etkisi: Türkiye Örneği”, İstanbul Üniversitesi Sosyal Bilimler Enstitüsü Yüksek Lisans Tezi, (2025): 2 17 Kübra Kaboğlu, “Türkiye’de Turizm Gelirlerinin Ekonomik Büyüme Üzerine Etkileri”, Tekirdağ Namık Kemal Üniversitesi Yüksek Lisans Tezi, (2025): 2 18 Hüseyin Yılmaz, “Türkiye’de Turizmin Ekonomik Büyümeye Etkisi”, Alanya Akademik Bakış, 7/1 (2023): 258 6 ENES ALTAN
freedom of travel and residence (Article 23) and the freedom of work and private enterprise (Article 48). However, an analytical reading of the Constitution reveals that its most critical function in this sector is acting as a legal mediator between economic development and public preservation. While the state actively encourages tourism investments to combat economic deficits, the Constitution strictly limits how far these incentives can go. For instance, Article 43 (Protection of Coasts) guarantees that coastal lines remain under the sovereignty and disposition of the state, prioritizing public benefit over private commercial enclosure. Similarly, Article 63 mandates the conservation of historical, cultural, and natural wealth, placing important environmental limitations on tourism zoning and construction. Furthermore, Article 172 fundamentally obliges the state to protect consumers, thereby forming the constitutional basis for all subsequent private law mechanisms designed to defend the tourist as a vulnerable consumer. 4.2. International Agreements Travel and Tourism Law in Türkiye, as inherent in the transnational nature of the industry, is heavily shaped by an intricate and layered architecture of international agreements. In accordance with Article 90 of the Turkish Constitution, all ratified international agreements regarding fundamental rights and commercial standardization rank equally, and in relation to fundamental rights exclusively, above Turkish statutes. Exclusively applying a fractured national legal regime to all international tourists, foreign travel agents, and multinational carriers would inevitably give rise to overwhelming jurisdictional conflicts and legal uncertainty. By implementing harmonized global conventions, Türkiye ensures an essential secure and predictable legal environment necessary for mass tourism development. Accordingly, civil aviation in Türkiye is primarily governed by the 1999 Montreal Convention for the Unification of Certain Rules for International Carriage by Air, to which Türkiye became a party with effect from 26 March 2011. The Convention establishes a harmonized legal framework governing the international carriage of passengers, baggage, and cargo by air, including rules relating to passenger injury, delay, and baggage claims, thereby promoting legal certainty and uniformity in international air transport. Maritime passenger transport is likewise influenced by the 2002 Protocol to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, which entered into force for Türkiye on 16 September 2022. 7 TRAVEL AND TOURISM LAW IN TÜRKIYE
The Convention provides a common international framework governing the carriage of passengers and their luggage by sea and contains rules concerning carrier liability, passenger protection, and compulsory insurance in international maritime transport. International land and rail transportation is also subject to internationally harmonized legal instruments. Türkiye is a Contracting Party to the Convention concerning International Carriage by Rail (COTIF), including its Uniform Rules concerning the Contract of International Carriage of Passengers by Rail (CIV), which establish common rules for international railway transport. Likewise, Türkiye is a party to the Convention on the Contract for the International Carriage of Goods by Road (CMR), which governs international carriage of goods by road and contributes to the legal certainty of cross-border transport operations within its field of application. Beyond these binding international instruments, Türkiye has been a member of the United Nations World Tourism Organization (UNWTO) since 1975. Although the resolutions and policy documents adopted by the UNWTO do not constitute binding international law, they provide important guidance for the development of sustainable, responsible, and consumer-oriented tourism policies. In particular, the UNWTO Global Code of Ethics for Tourism promotes principles encouraging an appropriate balance between tourism development, consumer protection, environmental sustainability, and the preservation of cultural heritage. 4.3. Laws and Regulations While international conventions establish the macro-level standardization for transnational travel, the operational core of Travel and Tourism Law is deeply embedded within domestic legislation. The Turkish legal system governs the tourism sector through a dual-track regulatory architecture: public administrative laws that dictate the structural, developmental, and licensing frameworks of the industry, and private law codes that regulate the contractual and tortious relationships among commercial actors and tourists. 4.3.1. The Law on Tourism No. 2634 (Turizmi Teşvik Kanunu) Enacted in 1982 to catalyze the rapid modernization of the country’s hospitality infrastructure, Tourism Encouragement Law No. 2634 functions as the primary public law instrument governing the administrative supervision and macroeconomic development of the sector. Historically, its foundational 8 ENES ALTAN
philosophy was to transition Türkiye from a localized travel destination into a competitive global market player by offering state incentives.19 From a legal perspective, the most critical mechanism introduced by Law No. 2634 is the “allocation of public immovables” (kamu arazisi tahsisi). The state, exercising its sovereign administrative powers, grants long-term leaseholds of valuable public lands—particularly coastal zones and forested areas within designated Culture and Tourism Protection and Development Regions—to private investors. However, this allocation is not unconditional. To benefit from these lucrative land grants, discounted utility tariffs, and tax exemptions, investors are legally obligated to undergo an administrative certification process to obtain a “Tourism Operation Certificate” (Turizm İşletmesi Belgesi) from the Ministry of Culture and Tourism. Over the decades, subsequent legislative amendments have shifted the law’s focus from merely increasing physical bed capacity to enforcing qualitative standards. Today, Law No. 2634 regulates the classification of hotels, the administrative oversight of maritime tourism vessels, and the specific operational requirements for tourist guides. Furthermore, it empowers the Ministry with broad enforcement powers, ranging from substantial administrative fines to the outright revocation of operational licenses for facilities that persistently violate sanitary, structural, or consumer rights standards, thereby acting as primary regulatory instrument in Turkish tourism. 4.3.2. The Law on Obligations No. 6098 (Türk Borçlar Kanunu) The Turkish Code of Obligations No. 6098 (TBK) stands as the primary source of private tourism law. While public laws determine how a hotel or agency is structurally established, the TBK strictly governs the daily legal interactions, contractual bindings, and liability allocations between the service providers and the tourists. Because tourism contracts—such as hotel accommodation agreements, travel agency mandates, and reservation protocols—are predominantly “innominate” (isimsiz) or mixed contracts not explicitly defined as standalone categories within the code, legal practitioners must systematically synthesize the TBK’s general and special provisions to resolve complex sectoral disputes.20 19 İsmail Bilgiçli & Burhanettin Zengin, “Evaluation of Tourism Establishments in Terms of Tourism Incentive Law”, Uluslararası Hakemli Beşeri ve Akademik Bilimler Dergisi, 19 (2017): 23 20 Ekinsu Çamur, “Otel Konaklama Sözleşmeleri”, Ankara Üni. Sosyal Bilimler Enstitüsü Yüksek Lisans Tezi (2020): 1 9 TRAVEL AND TOURISM LAW IN TÜRKIYE
The profound impact of the TBK on the hospitality sector is most visibly manifested in its strict regulation of Standardized Terms of Contract (Genel İşlem Koşulları) under Articles 20 through 25. The tourism industry relies heavily on pre-formulated, mass-produced contracts (e.g., standard hotel reservation forms, “no-show” policies, and non-refundable deposit clauses). The TBK limits the commercial provider’s ability to exploit these unilateral terms. Pursuant to these articles, any ambiguous clause drafted by a hotel or tour operator is automatically interpreted against the drafter and in favor of the guest. More critically, if a standard clause creates a significant and unjustified imbalance against the consumer—such as a hotel unlawfully reserving the right to arbitrarily change room types or cancel reservations without compensation—that specific clause is deemed absolutely void (kesin hükümsüz).21 In the realm of physical safety and non-contractual damages, the TBK’s Tort Law and Strict Liability (Haksız Fiil ve Kusursuz Sorumluluk) regimes are particularly important. Tourism is inherently susceptible to accidents, ranging from food poisoning in hotel restaurants to injuries during guided excursions. Under Article 66 of the TBK (Liability of the Employer / Adam Çalıştıranın Sorumluluğu), a tourism enterprise is held objectively liable for the damages caused by its employees (receptionists, bellboys, technical staff, or guides) during the execution of their duties, regardless of whether the hotel management itself was directly at fault. To evade liability, the enterprise faces the high burden of proving that it exercised due diligence in selecting, instructing, and supervising the employee. Furthermore, for highly adventurous tourism activities (e.g., bungee jumping, rafting), TBK Article 71 introduces “Danger Liability” (Tehlike Sorumluluğu), holding the operators of significantly dangerous facilities strictly liable for any resulting harm, thus ensuring tourists are compensated against extraordinary operational risks. Finally, the TBK contains specific provisions tailored for the hospitality sector, known as the Innkeeper’s Liability (Otelcilerin Sorumluluğu) governed by Articles 576-580. This is a unique liability regime wherein hotel operators are held legally accountable for the destruction, damage, or theft of items and baggage brought into the facility by their guests. Even if the hotel demonstrates no direct negligence, it remains liable up to a statutory limit. However, if the guest explicitly entrusts valuable items (such as jewelry or large sums of cash) to the hotel management, or if the loss occurs directly due to the fault of the hotel or its personnel, the operator’s 21 Tuğçem Seçer, “Konaklama Sözleşmesi”, Ankara Üniversitesi Sosyal Bilimler Enstitüsü Doktora Tezi (2022): 230 10 ENES ALTAN
liability becomes unlimited, forcing the establishment to fully compensate the guest.22 Through this intricate web of contractual protections and strict liability frameworks, the TBK forms the indispensable legal backbone ensuring equity, safety, and accountability within the Turkish tourism sector. 4.3.3. The Law on Consumer Protection No. 6502 (Tüketicinin Korunması Hakkında Kanun) To fully comprehend the mechanics of modern tourism jurisprudence in Türkiye, one must recognize that the tourist is no longer viewed merely as a “contractual counterpart,” but rather as a highly vulnerable legal subject in need of proactive state intervention. As established in Section IV.I, Article 172 of the Constitution imposes a constitutional duty upon the state to protect consumers. While the Turkish Code of Obligations (TBK), analyzed in Section IV.III.II, provides the general private law architecture and defends against unfair Standardized Terms of Contract, it fundamentally operates on the presumption of equality between parties. However, the contemporary tourism market is defined by structural asymmetry. When a tourist purchases a holiday, they are buying an intangible, experiential promise—often located thousands of miles away—that cannot be physically inspected prior to consumption. To rectify this information asymmetry and unequal bargaining power, the Law on Consumer Protection No. 6502 (TKHK) was enacted, serving as the specialized consumer protection framework of the modern traveler.23 The philosophical and structural DNA of Law No. 6502 is inextricably linked to the European Union acquis communautaire. As part of its accession process and strategic integration into the global market, Türkiye systematically abandoned its outdated, industry-protective regulations in favor of rigorous, consumer-centric European standards. The TKHK acts as the domestic vessel for transposing critical EU Directives—most notably the Consumer Rights Directive (2011/83/EU) and the foundational principles of the Package Travel Directives (90/314/EEC and 2015/2302/EU). 24 Furthermore, there is a close relationship between this domestic consumer law and the international conventions discussed in Section IV.II, While the 22 Çamur, “Otel Konaklama Sözleşmeleri”, 2020: 2 23 Gülşah Vardar Hamamcıoğlu, “Paket Tur Sözleşmelerinde Tüketicinin Korunması”, İstanbul Üniversitesi Hukuk Fakültesi Mecmuası, C. 68, S. 1-2 (2010): 275 24 Yasemin Güllüoğlu & Ahmet Onur Gani, “Türk Hukuku Açısından Paket Tur Sözleşmesi”, ASBÜ Hukuk Fakültesi Dergisi, 2024/2: 1310 11 TRAVEL AND TOURISM LAW IN TÜRKIYE
Montreal and Athens Conventions dictate the strict liability ceilings for physical injuries and transit delays on an international macroscopic level, the TKHK localizes these protections, providing the everyday tourist with accessible, domestic legal mechanisms to penalize the “defective service” (ayıplı hizmet) that often accompanies such transit failures. From an analytical standpoint, the TKHK significantly modifies the classical pacta sunt servanda (agreements must be kept) doctrine by introducing a dense network of mandatory, non-derogable provisions (emredici hükümler). The law intervenes at the very genesis of the contractual relationship by imposing a “Precontractual Information Duty” (Ön Bilgilendirme Yükümlülüğü) upon tourism professionals (tour operators, hoteliers, and agencies). Before any payment is made or signature is affixed, the commercial provider must disclose all material facts—such as the exact characteristics of the accommodation, total inclusive prices, cancellation policies, and visa requirements.25 If the provider fails to fulfill this information duty, the consumer is legally presumed not to be bound by the restrictive clauses of the contract, effectively neutralizing the commercial provider’s ability to hide behind fine print. The most significant remedy granted to the tourist under the TKHK is the legal regime governing “Defective Services” (Ayıplı Hizmet). In the tourism sector, a defect is not merely a physical flaw; it is the failure to deliver the promised psychological and experiential expectation. If a hotel pool is under construction when advertised as open, or if a promised sea-view room faces a brick wall, the service is legally defective. Unlike the general tort provisions of the TBK—which often require complex proofs of fault and exact financial damage—the TKHK grants the tourist immediate, unilateral elective rights (seçimlik haklar). Upon encountering a defective service, the tourist possesses the right to demand a proportionate reduction in price, a free-of-charge remedy of the defect (such as an immediate room upgrade), or the termination of the contract with a full refund, alongside the right to claim compensation for the “wasted holiday time” (boşa harcanan tatil zamanı).26 Finally, as tourism increasingly transitions into the digital sphere through Online Travel Agencies (OTAs), the TKHK’s regulations on “Distance Contracts” (Mesafeli Sözleşmeler) have become paramount. While the law generally grants 25 Ata Sıtkı, “Mesafeli Sözleşmelerde Tüketicinin Korunması: Ön Bilgilendirme Yükümlülüğü ve Cayma Hakkı”, Galatasaray Üniversitesi Sosyal Bilimler Enstitüsü Yüksek Lisans Tezi (2022): 149 26 Murat Topuz, “Türk Hukukunda Normatif Zararın Tazmininin Somut Bir Düzenlemesi Olarak TKHK Çerçevesinde Boşa Harcanan Tatil Zamanı İçin Talep Edilen Tazminat”, Tüketici Hukuku Kongresi, (2016): 292 12 ENES ALTAN
a 14-day unconditional “Right of Withdrawal” (Cayma Hakkı) for online purchases to combat impulsive buying, my analysis of the legislation reveals a balanced legislative approach specifically tailored for the hospitality industry. Because hotel rooms, flight seats, and tour capacities are highly perishable inventory—meaning an unsold room tonight cannot be sold tomorrow— granting an absolute, last-minute withdrawal right would bankrupt the tourism sector. Therefore, the TKHK deliberately exempts contracts concerning accommodation, car rental, and passenger transport for specific dates from the unconditional right of withdrawal, unless the commercial provider explicitly offers a refundable cancellation policy.27 This sophisticated legislative balance reflects the modern Turkish consumer law philosophy: it protects the vulnerable tourist from deceptive practices and defective experiences, yet pragmatically protects the macroeconomic survival of the tourism industry against the volatility of arbitrary consumer cancellations. 4.3.4. Travel Agencies and the Association of Travel Agencies Law No. 1618 The structural organization and commercial licensing of tourism intermediaries in Türkiye are anchored by the Travel Agencies and the Association of Travel Agencies Law No. 1618. This statute establishes a strict public law framework that mandates a corporate guild structure, requiring any commercial enterprise engaging in travel arrangements, tour organization, or reservation intermediation to obtain an official operation certificate from the Ministry of Culture and Tourism and maintain mandatory membership in the Association of Turkish Travel Agencies (TÜRSAB). By prohibiting unauthorized tourism activities, the law establishes an administrative monopoly designed to filter market participants and guarantee institutional accountability. Furthermore, Article 19 of this statute strictly penalizes misleading or deceptive advertisements by travel agencies, reinforcing the constitutional protection of consumers by forcing providers to submit promotional materials to administrative scrutiny, thereby aligning professional market conduct with the objective honesty requirements of the Turkish Code of Obligations (TBK). 27 Tuğçem Seçer, “Otel Sözleşmelerinde Rezervasyonun Yapılması, İptali ve Neticeleri”, Başkent Üniversitesi Hukuk Fakültesi Dergisi, 5/2 (2019): 291 13 TRAVEL AND TOURISM LAW IN TÜRKIYE
4.3.5. Law on the Regulation of Electronic Commerce No. 6563 As the contemporary hospitality landscape transitions into algorithmic marketplaces, the Law on the Regulation of Electronic Commerce No. 6563 provides the primary regulatory matrix for digital tourism activities. This statute targets the operational parameters of Online Travel Agencies (OTAs) and global booking platforms, categorizing them as “Intermediary Service Providers” (Aracı Hizmet Sağlayıcılar). The Law establishes the general legal framework applicable to electronic commerce by introducing information, transparency and compliance obligations for electronic commerce service providers and intermediary service providers. Analytically, Law No. 6563 introduces a complex legal duality when combined with the Consumer Protection Law No. 6502. Under general e-commerce doctrines, an intermediary service provider is fundamentally insulated from liability regarding the accuracy of content or the contractual breaches of the underlying service providers (such as a hotel or transport company listed on their platform), unless explicit statutory exceptions apply. However, when applied to the tourism sector, this liability shield creates an acute tension with the asymmetric information realities of the vulnerable tourist. In the tourism sector, these rules complement consumer protection legislation by promoting transparency in electronic transactions and facilitating the conclusion of distance contracts. 4.3.6. Package Tour Contracts Regulation The Package Tour Contracts Regulation, promulgated under the explicit authority of Article 51 of the Consumer Protection Law No. 6502, represents the most specialized, consumer-centric regulatory framework within Turkish tourism private law. This secondary legislation is the direct domestic product of the European Union acquis harmonization process, explicitly modeling its structural tenets after the EU Package Travel Directives. The regulation targets a unique contract structure—the package tour—which inherently combines multiple distinct tourism components into a single commercial product, thereby necessitating a departure from classical, fragmented contract laws. V. OBLIGATIONS OF THE TOURISM ACTORS The modern tourism industry is not sustained by isolated commercial transactions, but rather by a highly complex, interdependent network of legal 14 ENES ALTAN
obligations. To navigate Travel and Tourism Law, one must systematically categorize the primary subjects that generate and assume these legal liabilities. The juridical ecosystem of tourism is predominantly activated by five distinct actors: 1. The Hotel Operator, who assumes the core duty of accommodation and safety; 2. The Tour Operator, who orchestrates and assumes strict liability for bundled travel packages; 3. Hospitals, Doctors, and Intermediaries, who navigate the intersection of medical malpractice and cross-border health tourism; 4. The Guest (Tourist/Consumer), who bears the reciprocal duties of payment, adherence to facility rules, and mitigating contributory negligence; and 5. Third Parties, including subcontractors, transport companies, digital platforms (OTAs), and public institutions, whose peripheral actions often trigger complex chains of joint and several liability. 5.1. Obligations of the Hotel Operator The legal relationship between the guest and the hotel operator is formalized through the “Accommodation Contract” (Konaklama Sözleşmesi). Within the Turkish Code of Obligations (TBK), this specific agreement is not explicitly codified under a singular heading; rather, it is established under the fundamental principle of the “Freedom of Contract” (Sözleşme Özgürlüğü) codified in Article 26 of the TBK28. Jurisprudentially, it is classified as a “mixed” or “innominate” contract (isimsiz ve karma sözleşme), structurally architected by inextricably intertwining essential elements from various nominate contracts to serve a unified, specialized economic purpose.29 The hotel is legally expected to serve as a secure, temporary sanctuary. This macro-obligation dictates that the operator must proactively foresee potential risks within the facility, maintain impeccable hygiene, secure structural integrity, and provide a peaceful environment free from unwarranted interference by third parties or staff. It is precisely this multidimensional, protective architecture that sets the stage for the rigorous, objective liability regimes that govern the operator’s specific failures. 28 Tuğçem Seçer, “Konaklama Sözleşmesi”, Ankara Üniversitesi Sosyal Bilimler Enstitüsü Doktora Tezi (2022): 21 29 Ekinsu Çamur, “Otel Konaklama Sözleşmeleri”, Ankara Üniversitesi Sosyal Bilimler Enstitüsü Yüksek Lisans Tezi (2020): 10 15 TRAVEL AND TOURISM LAW IN TÜRKIYE
5.1.1. Liability for Damage Caused to the Guest’s Health and Physical Integrity (Objektif Özen Yükümlülüğü) When a tourist enters a hotel, they inherently surrender a significant degree of control over their physical environment, relying entirely on the infrastructural safety and hygienic standards maintained by the operator. To counterbalance this vulnerability, Turkish jurisprudence imposes an “Objective Duty of Care” (Objektif Özen Yükümlülüğü) upon the hotelier.30 This duty dictates that the hotel operator is not merely a passive provider of shelter, but an active guarantor of the guest’s physical and psychological integrity. Any bodily harm suffered by the guest—ranging from food poisoning contracted in the main restaurant to physical injuries resulting from slipping on a wet, unmarked pool deck—triggers a comprehensive liability framework under the Turkish Code of Obligations (TBK). From an analytical standpoint, a breach of this duty usually leads to a “Concurrence of Claims” (Hakların/Taleplerin Yarışması). The injured tourist may simultaneously invoke contractual liability for the breach of the accommodation contract (TBK Art. 112) and non-contractual tort liability.31 Within the realm of tort and strict liability, the hotel operator’s accountability is enforced through several converging statutory mechanisms including Liability of the Employer (TBK Art. 66 - Adam Çalıştıranın Sorumluluğu); Liability for Auxiliary Persons (TBK Art. 116 - İfa Yardımcısının Fiillerinden Sorumluluk); Liability of the Building Owner (TBK Art. 69 - Bina Malikinin Sorumluluğu); Danger Liability (TBK Art. 71 - Tehlike Sorumluluğu). 5.1.2. Liability for Damage to the Guest’s Property (Kusursuz Sorumluluk ve Sınırları) The protection of a traveler’s personal belongings is so fundamentally critical to the psychological comfort and facilitation of mass tourism that the Turkish Code of Obligations dedicates a highly specialized, historically rooted liability regime exclusively for it. Known as the “Innkeeper’s Liability” (Otelcilerin Sorumluluğu), this regime is governed by Articles 576 through 580 of the TBK. Under the absolute mandate of Article 576, the hotel operator is held strictly liable (kusursuz sorumlu) for the destruction, damage, or theft of any baggage or personal items brought into the facility by the guest. The evidentiary burden is 30 Tuğçem Seçer, “Konaklama Sözleşmesi”, Ankara Üniversitesi Sosyal Bilimler Enstitüsü Doktora Tezi (2022): 145 31 Murat Fırat, “Konaklama Sözleşmesi ve Konaklama Sözleşmesinden Doğan Uyuşmazlıkların Çözümü”, Bahçeşehir Üniversitesi Yüksek Lisans Tezi (2023): 62 16 ENES ALTAN
shifted entirely in favor of the consumer; the tourist is not required to prove that the hotel staff stole the item or acted negligently. The mere factual occurrence of the loss within the hotel’s spatial domain is legally sufficient to trigger the operator’s financial liability. Any warning signs posted in the lobby, placards placed in the hotel rooms, or fine-print clauses buried in the reservation contract stating that “The hotel management accepts no responsibility for lost, stolen, or damaged items” are deemed absolutely null and void (kesin hükümsüz)32. This mandatory provision ensures that the liability safety net constructed by the state cannot be arbitrarily bypassed by the commercial provider’s standardized texts. 5.2. Obligations of the Tour Operator The tour operator, as one of the central actors in modern mass tourism, is the subject that combines multiple travel components (such as transportation, accommodation, transfers, and guiding services) into a single package and offers them to the consumer. Pursuant to Article 51 of the Consumer Protection Law No. 6502 (TKHK) and the Package Tour Contracts Regulation issued based on this provision, the legal position of the tour operator differs fundamentally from classical agency or intermediary relationships under the Code of Obligations. The legislator imposes on the tour operator a direct, primary, and aggravated regime of objective liability (strict liability) to ensure that all services included in the contract are performed properly, even if executed by third-party subcontractors.33 In this context, the legal structure of the operator is built upon the duty of pre-contractual and contractual information, its position in the event of contractual modifications, and the impact of force majeure on liability. 5.3. Medical Tourism: Obligations of Hospitals, Doctors, and Intermediaries The burgeoning field of medical tourism represents a sophisticated, highstakes intersection of tourism law and health law. In this ecosystem, the service provider is not merely a hospitality entity but a healthcare practitioner or institution, and the “guest” is a patient, creating a legal relationship characterized by intensified duties of care, strict professional liability, and transnational 32 Tuğçem Seçer, “Otel Sözleşmelerinde Rezervasyonun Yapılması, İptali ve Neticeleri”, Başkent Üniversitesi Hukuk Fakültesi Dergisi, 5/2 (2019): 295 33 Yasemin Güllüoğlu & Ahmet Onur Gani, “Türk Hukuku Açısından Paket Tur Sözleşmesi”, ASBÜ Hukuk Fakültesi Dergisi, 2024/2: 1310 17 TRAVEL AND TOURISM LAW IN TÜRKIYE
regulatory complexities. The Turkish legislative framework, fundamentally reshaped by the Regulation on International Health Tourism and Tourist Health (2017), has sought to professionalize this sector by formalizing the roles and specific liabilities of three primary actors: hospitals, individual practitioners (doctors), and health tourism intermediary agencies.34 When a patient travels to Türkiye for medical intervention, they enter into a Treatment Contract (Hekimlik Sözleşmesi). While Turkish legal doctrine predominantly categorizes this under the law of “Work/Service Contracts” (Eser Sözleşmesi or Vekalet Sözleşmesi), medical tourism requires an elevated interpretation of the “highest professional duty of care” due to the transnational and experiential risks involved. Malpractice and Organizational Liability: Healthcare providers are liable for diagnostic errors, surgical mistakes, and failure to meet the standard of professional knowledge required for their specialty. Crucially, in the context of private hospital chains in Türkiye, these entities are frequently held strictly liable for “organizational failures” (hizmet kusuru)—such as malfunctioning medical equipment, non-sterile operating environments, or inadequately trained auxiliary staff—regardless of whether the individual surgeon was personally at fault. This organizational liability creates a robust safety net for the patient, ensuring that the hospital entity cannot hide behind the individual doctor’s actions to evade systemic accountability. 5.4. Obligations of the Guest The architecture of travel and accommodation contracts dictates that the guest is not merely a passive beneficiary of services, but a central legal actor burdened with reciprocal duties. A failure to discharge these statutory and contractual obligations directly mitigates or entirely absorbs the service provider’s liability, shifting the legal risk back onto the consumer. The most fundamental obligation of the guest is the timely payment of the agreed remuneration. Applying the general provisions of the Turkish Code of Obligations (TBK) regarding lease, sales, and service contracts to the mixed nature of the accommodation agreement, the guest is legally bound to settle the room tariff, supplementary service fees, and any required deposits within the stipulated timeframe. The guest is also legally compelled to adhere strictly to the internal regulations of the facility, acting in accordance with the overarching principle of objective 34 Zeynelabidin Yüksel, «Sağlık Turizminde Aracı Kurumların Rolü ve Hukuki Sorumluluğu», Marmara Üniversitesi Sosyal Bilimler Enstitüsü Yüksek Lisans Tezi (21 :)2024 18 ENES ALTAN
good faith (TMK Article 2). Administrative directives established by the management—such as pool usage hours, fire safety protocols, pet restrictions, hygiene mandates, and noise prohibitions—are legally binding components of the contractual relationship.35 5.5. Obligations and Liabilities of Third Parties Modern tourism operations rarely function as bipartite agreements; they are complex, multi-layered ecosystems heavily reliant on a vertical and horizontal network of independent subcontractors, transport providers, digital intermediaries and even non-participant third-parties. This structural complexity necessitates highly specialized legal mechanisms to accurately allocate liability when third-party actions result in consumer harm including Subcontractors and Independent Service Providers; Local Organizers Outside the Hotel; Transport Companies; Digital Platforms and OTAs; and Public Institutions and Municipalities; Other Tourists/Guests. VI. CONTEMPORARY LEGAL ISSUES IN TURKISH TOURISM The rapid digitalization of the global economy has fundamentally disrupted traditional hospitality paradigms, creating complex regulatory challenges for lawmakers worldwide. In Türkiye, this disruption is most acutely manifested in the explosive growth of the “sharing economy,” specifically through alternative accommodation models facilitated by digital platforms such as Airbnb, Booking. com, and VRBO. For over a decade, this sector operated in a vast legal grey area, evading the strict administrative oversight, tax obligations, and consumer protection mandates that govern traditional hotels. However, the Turkish legislature’s recent interventions have radically restructured this landscape, shifting the paradigm from laissez-faire digital innovation to state regulation. 6.1. Law No. 7464: The Radical Regulation of Short-Term Rentals (“The Airbnb Law”) To rectify this regulatory vacuum, combat systemic tax evasion, and address severe public security concerns, the Turkish Grand National Assembly enacted 35 Tuğçem Seçer, “Konaklama Sözleşmesi”, Ankara Üniversitesi Sosyal Bilimler Enstitüsü Doktora Tezi (2022): 201 19 TRAVEL AND TOURISM LAW IN TÜRKIYE
the highly anticipated Law No. 7464 on the Renting of Residential Properties for Tourism Purposes (effective as of January 1, 2024). This statute effectively dismantles the informal “Airbnb economy” by imposing a strict, quasicommercial regulatory framework upon individual property owners. From a legal-analytical perspective, the law redefines the scope of short-term rentals. Any residential lease lasting for 100 days or less is now legally classified as a “tourism-purpose rental” and is entirely stripped from the protective domain of standard residential tenancy laws. To legally operate, the property owner must overcome a series of strict administrative requirements including The Mandatory Permit System (İzin Belgesi); The Unanimity Rule (Oybirliği Şartı) and Subletting Prohibition. 6.2. Platform Liability The enforcement mechanism of Law No. 7464 heavily relies on conscripting digital platforms into the state’s policing apparatus. As discussed above, Online Travel Agencies (OTAs) were historically protected by the “safe harbor” provisions of the Electronic Commerce Law No. 6563, insulating them from liability for user-generated content.36 Law No. 7464 pierces this digital veil. Platforms like Airbnb and Booking. com are now legally mandated to actively verify that a property possesses a Ministry-issued Permit Document before allowing the listing to go live. If a platform allows uncertified properties to be advertised and fails to remove them within 24 hours of an administrative warning, the intermediary platform itself faces administrative fines (100,000 TL per listing). This effectively forces global tech giants to act as decentralized extensions of the Turkish Ministry of Culture and Tourism. VII. CONCLUSION The legal architecture governing the travel and tourism industry in Türkiye is not a static, monolithic code, but rather a dynamic, interdisciplinary living ecosystem. As systematically explored throughout this study, Turkish Tourism Law operates at the intricate intersection of macroeconomic state policy, transnational mobility, and vulnerable consumer rights. Its evolution mirrors 36 Burcu Sırış, “Elektronik Ticaret Aracı Hizmet Sağlayıcının Hukukî Niteliği ve Sorumluluğu”, Başkent Üniversitesi Doktora Tezi (2025): 140 20 ENES ALTAN
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