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
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