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
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