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As part of its accession process and strategic integration into the global market, Türkiye systematically abandoned its outdated, industry-protective regulations in favor of rigorous, consumer-centric European standards.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
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