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
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