Regulation on the Relations of Tourism Enterprises with the Ministry, Each Other, and Their Customers

Institution: Ministry of Culture and Tourism
Date of Approval: 23.03.1983
Official Gazette Date: 23.03.1983
Official Gazette No: 17996

First Section: Preliminary Provisions

Purpose

Article 1 - The purpose of this regulation is to organize the mutual relations, rights, and obligations of holders of tourism enterprise certificates with each other, their customers, and the Ministry in accordance with international rules, thereby minimizing disputes arising from these relations.

Scope

Article 2 - This regulation covers the relations between hotel enterprises and travel agencies, the procedures, form, and scope of contracts they will arrange among themselves, the rules to be applied in cases where there is no clarity in agreements, mutual rights and responsibilities, and provisions related to the relations of tourism enterprises with their customers, each other, and the Ministry of Tourism.

Legal Basis

Article 3 - This Regulation is prepared pursuant to subparagraph 1 of paragraph (c) of Article 37 of the Tourism Encouragement Law No. 2634.

Definitions

Article 4 - In this Regulation, the following terms mean;

  • a. "Ministry": The Ministry of Tourism,
  • b. "Tourism enterprises": Commercial enterprises operated by Turkish or foreign real or legal persons, jointly or separately, active in the tourism sector,
  • c. "Hotel enterprises": Primary and auxiliary accommodation facilities certified by the Ministry,
  • d. "Hotelier": Operators of primary and auxiliary accommodation facilities,
  • e. "Travel agency": Commercial organizations providing transportation, accommodation, sightseeing, sports, and entertainment opportunities to tourists, giving them tourism-related information, and performing all services related to this subject,
  • f. "Reservation": The process of reserving and registering a place by name in tourism enterprises,
  • g. "Group": A customer group consisting of at least 11 people, accepted as a whole by the agency and hotel enterprises benefiting from the same reservation.

Second Section: Relations Between Travel Agencies and Hotel Enterprises

PART ONE: HOTEL CONTRACTS

Contracts

Article 5 - Freedom of contract is fundamental in hotel contracts to be made between the agency and the hotel. In the absence of such a special contract or in matters not included in the special contract, the provisions of this Regulation shall apply.

Types of hotel contracts

Article 6 - Three types of hotel contracts can be arranged between the agency and hotel enterprises:

  • a. Contracts related to individually traveling (single) customers,
  • b. Contracts related to group traveling customers,
  • c. (Quota) allocation contracts to be made for reservations exceeding a certain period.

PART TWO: RULES RELATED TO HOTEL CONTRACTS

Formation of the hotel contract

Article 7 - The formation of a hotel contract begins with the reservation request made by the agency to the hotelier. The reservation request must be in writing. Oral requests must be confirmed in writing (letter, telegram, telex, etc.) to reach the hotelier within one week at the latest.

Scope of hotel contracts

Article 8 - The following matters may be specified in hotel contracts:

  • Parties
  • Reservation period (start, end, interruptions)
  • Distribution of reservations within the period (details related to rooms)
  • Season prices (full, half, dead) within the reservation period
  • Special conditions (discounted prices, free services)
  • Financial conditions, account closing, notification period, types of guarantees that can be given
  • Notification periods, consequences, and financial responsibilities related to cancellation of reservations
  • Details related to the implementation stages (timing) of the contract
  • Deadline to announce the contract can come into effect
  • Distribution of confirmed reservations
  • Deadline to send accommodation lists
  • Compensation to be paid to the travel agency if reserved places are not held
  • Compensation to be paid in case of hotelier's fault or partial or complete non-compliance with the contract
  • Payment methods
  • Possibility of transferring guests to an equivalent hotel
  • Force majeure and the rights and responsibilities of the parties in such cases
  • Details related to contract cancellation
Acceptance by the hotelier

Article 9 - The hotel contract is completed by the acceptance of the hotelier. Acceptance must be stated in writing (letter, telegram, or telex) by the hotelier within 3 days. The price of the services requested by the agency is also written in the acceptance. The amount of advance payment requested by the hotelier equals the price of 3 nights' stay during the season and 1 night's stay outside the season for the ordered services (room, breakfast, meals, etc.).

Advance payment

Article 10 - If the hotelier requests an advance payment (security money, deposit, or letter of guarantee) for acceptance of the reservation request, the hotel contract only comes into effect after this payment is made or a document proving this payment is presented. The hotelier must notify receipt of the advance payment within 24 hours at the latest.

Payment to the hotelier

Article 11 - Prices notified by the hotelier to the travel agency for the services specified in the contract cannot be higher than the prices listed in the tariff for customers applying directly to the hotel. Whether the invoice is paid by the travel agency or directly by the passenger does not change this rule.

Price changes

Article 12 - The hotelier must comply with the prices agreed upon in the hotel contract. In case of price changes, a 30-day adaptation period will be left before applying the new prices. However, these price changes do not apply to confirmed reservations. Agencies may specify prices in foreign currency in hotel contracts with hotel enterprises. During the agreement period, if the Turkish Lira equivalent of this price exceeds the certified tariff, applying prices above the tariff is not accepted.

Agency's obligation

Article 13 - The travel agency is only obliged to pay for the services specified in the reservation document sent to the hotel.

Payment of invoice

Article 14 - Except in cases where it is agreed that the payment will be made directly by the customer, the invoice is paid by the agency that made the hotel contract. Invoices are paid within the time limits specified in the contract or, if no such provision exists, within 30 days from receipt of the invoice. After this period, a monthly interest of 10% and a collection fee of 5% of the principal debt are charged. In long-term stays, the hotelier may request partial payment for services provided without waiting for the end of the period. In cases where the agency made the reservation but payment is made directly by the customer, the hotelier is free to accept or not accept credit cards.

Payment of commission to the agency

Article 15 - Except for contracts made for reservations exceeding a certain period, the hotelier pays the agency a commission at a certain rate of the service fees (room-meal) provided. The hotelier pays the commission only to the travel agency party to the contract.

Commission rate

Article 16 - The commission rate to be paid to the travel agency is determined by mutual agreement. In the absence of a contrary agreement, the commission is 10% of the invoice excluding tax and service charge.

Extension of duration

Article 17 - If the customer's stay at the hotel is extended with the hotelier's consent or if a new reservation is made for a later date during the stay, the hotelier is obliged to pay commission to the agency. Changing rooms within the hotel during the same trip or staying intermittently at the hotel with intervals less than 30 days is considered an extension. If the customer stays more than 60 days including extensions, no commission is paid to the agency for the period exceeding 60 days.

Payment of invoice by the customer

Article 18 - If the invoice is paid directly by the customer, the hotelier determines the agency's commission on the total invoice and pays it to the agency within 30 days from the customer's departure. After this period, a monthly interest of 10% and a collection fee of 5% of the principal debt are charged.

PART THREE: MUTUAL OBLIGATIONS OF THE HOTELIER AND THE AGENCY

Equality in service

Article 19 - Services provided by the hotelier to persons traveling as customers of a travel agency (whether individually or in groups) under the hotel contract shall be of the same quality as those provided to their own customers under the same conditions.

Article 20 - The hotelier shall keep the reserved places open for the customer's use from 14:00 on the day of arrival until 12:00 on the day of departure.

General obligation of the hotelier

Article 21 - The hotelier is obliged to fulfill the matters committed in the contract regarding a properly made and confirmed reservation. The hotelier who fails to fulfill these is liable to compensate the actual damage suffered by the agency. However, if an unforeseen situation arises at the time of reservation acceptance and is notified to the agency at least three weeks in advance, the hotelier may place customers in another hotel nearby with equal or better quality. In this case, price differences are paid by the hotel. The hotelier shall not use any methods to convert the agency's customers into their own customers.

Force majeure

Article 22 - If it becomes impossible for one party to fulfill its obligations under the hotel contract due to compelling reasons beyond their will and unforeseeable, no compensation is paid.

Providing information

Article 23 - The hotelier is obliged to provide the agency with direct and complete information about the hotel's location, class, and quality of services. The agency reflects the information given by the hotelier correctly and completely to its customers.

Mutual obligations

Article 24 - The hotel and the agency must avoid any statements that would damage each other's commercial reputation or cause doubt about the quality of services in front of customers. Neither the travel agency nor the hotelier may advertise or announce as if there is a hotel agreement when no such agreement exists. Both the travel agency and the hotelier cannot disclose the contract price to customers or third parties.

FOURTH PART: CANCELLATIONS

Form of cancellation

Article 25 - Cancellation of the hotel contract, wholly or partially, must be made in writing and dated. All cancellations made by the agency or by telephone must be confirmed in writing.

Compensation in case of cancellation

Article 26 - Unless otherwise agreed, the provisions of the Third Section of the Regulation apply regarding the form, duration, conditions, consequences, and compensation to be paid for partial or complete cancellations of contracts.

Third Section - Special Rules Related to Hotel Contracts

PART ONE: CONTRACTS RELATED TO INDIVIDUAL CUSTOMERS

Definition

Article 27 - Individual customer contracts are contracts made for 1 to 10 passengers benefiting from the same hotel services. The number of customers to be taken as basis is the number written on the reservation slip.

Cancellation periods

Article 28 - Unless otherwise agreed between the parties, reservations can be canceled within the following periods:

  • a. In places and periods where accommodation demand is high, within the cancellation period applied by the hotel to customers coming directly, which shall not be less than 24 hours,
  • b. In holiday hotels, up to 30 days before arrival in high season, and up to 14 days before arrival in off-season.

Cancellations made within the above periods give the hotel the right to claim compensation.

Amount of compensation

Article 29 - In case of cancellation of the reservation contrary to the periods specified in Article 28 or if the customer does not come to the hotel without notifying, the compensation to be requested for each customer is generally the monetary equivalent of services (room-meals) for at least one night's stay, and in high season, for three nights' stay. Late arrival, early departure before the end of the reservation period, or partial or complete non-use of ordered services, provided that this is not due to the fault of the hotelier, shall be compensated by the travel agency for the actual damage suffered by the hotelier. If the advance payment made by the agency does not cover the total invoice, the hotelier directly claims the difference from the customer. In these cases, the rules applied to the hotelier's own customers may also apply to the agency's customers. In case of late payment of compensation, a monthly interest of 10% and a collection fee of 5% of the principal debt are charged after this period.

Price applicable by the agency

Article 30 - The agency cannot charge its customer a price higher than the prices on which the hotel pays commission to the agency, but reservation fees may be invoiced separately to the customer.

PART TWO: HOTEL CONTRACTS RELATED TO GROUP CUSTOMERS

Binding nature of reservation

Article 31 - Services related to group customers must be requested with a single reservation document and confirmed together by the hotelier. Even if the number of group customers decreases later, the number of customers shown in the reservation shall be taken as basis.

Accommodation arrangement

Article 32 - The agency sends the list showing the distribution of customers to rooms (accommodation arrangement) to the hotel at least 14 days before the group's arrival date. The agency is responsible for the consequences of failing to fulfill this obligation. However, the hotelier also informs the agency if the room lists have not been received.

Payment time

Article 33 - If there is no provision regarding payment conditions in the contract between the agency and the hotel, 50% of the payment related to the group is paid 30 days before the group's arrival, and the remainder before the group's departure.

Free accommodation

Article 34 - Agency representatives (couriers, guides, drivers, group leaders, etc.) accompanying a customer group of at least 15 people in the agency's staff may be given free accommodation for one person under the same conditions as the group. The hotelier may provide free services to one more representative for every additional 20 people.

Cancellation periods

Article 35 - The minimum notice period for cancellation is 21 days before arrival if the cancellation exceeds 50% of the group, and 14 days if less than 50%. Cancellations made after these periods give the hotel the right to claim compensation.

Amount of compensation

Article 36 - If no separate amount is determined in the hotel contract for each canceled customer, the compensation is two-thirds of the ordered services based on the conditions and special price in the contract.

Unused services

Article 37 - Unnotified late arrivals, missed meals, and unused services entitle compensation of two-thirds of their value.

Group not arriving at the hotel

Article 38 - If the customer group whose reservation is not canceled does not arrive at the hotel, the provisions determined in this regulation for individual customer contracts apply.

Hotelier's failure to fulfill obligations

Article 39 - The hotelier who fails to fulfill obligations or provide equivalent services must pay compensation to the agency. The compensation amount cannot be less than two-thirds of the ordered services based on the conditions and special price in the contract and cannot exceed the agency's actual damage.

Payment of compensation

Article 40 - Compensation payments are made within 30 days from the date of the other party's request. Payments made after this period are subject to a monthly interest of 10% and a collection fee of 5% of the principal debt.