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
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