Travel Agencies Association Regulation

Publication Date: 03/06/2018
Official Gazette Number: 30440

CHAPTER ONE: Purpose, Basis and Definitions

Purpose

Article 1 – (1) The purpose of this Regulation is to regulate the duties, activities and organizational structure of the Association, to take necessary measures to protect the professional development, professional ethics and solidarity of travel agencies, and to regulate the relations of the Association and its members with the Ministry and institutions and organizations of the tourism sector.

Basis

Article 2 – (1) This Regulation has been prepared based on the provisions of Articles 33 and 34 of the Travel Agencies and Travel Agencies Association Law No. 1618 dated 14/9/1972.

Definitions

Article 3 – (1) In the implementation of this Regulation;

  • a) Field representative: The representative to be selected by the Board of Directors from among the member names proposed by the Regional Presidency to carry out the organization-related works of the Association activities in places deemed necessary by the Association Board of Directors, affiliated to the Local Representative Board,
  • b) Ministry: The Ministry of Culture and Tourism,
  • c) Association: The Turkish Travel Agencies Association,
  • ç) Regional Presidency: The presidency formed by election to perform the duties given by the Association Board of Directors and to ensure the realization of Association activities in the region within its authority,
  • d) General Secretary: The person appointed by the Board of Directors as the center director to carry out administrative procedures and ensure coordination at the Association's general center,
  • e) Internal Regulation: The regulation prepared by the Board of Directors and put into effect by the General Assembly to regulate the administrative structure and working procedures and principles of the Association within the scope of the Law and Regulation,
  • f) Specialized Unit Presidency: The presidency to be established at the Association's general center considering the fields of expertise of travel agencies,
  • g) Participation: The commercial legal entity in which the association holds shares as a partner based on the authority given by the General Assembly,
  • ğ) Law: The Travel Agencies and Travel Agencies Association Law No. 1618,
  • h) Travel agency: A professional commercial establishment authorized to provide tourists with tourism-related information for profit, to create package tours and tours, to provide tourism accommodation, transportation, sightseeing, sports and entertainment services, and to market the products it creates by itself or through other travel agencies,
  • ı) Arbitration Board: The board authorized to resolve disputes that may arise among Association members or with other tourism enterprises during the conduct of travel agency activities,
  • i) Member: A travel agency holding a business license,
  • j) Local Representative Board: The board formed by election to perform the duties given by the Association Board of Directors and to ensure the realization of Association activities in the region within its authority, operating as a sub-unit of the relevant Regional Presidency,
  • k) High Advisory Board: The board consisting of persons to be determined by the Board of Directors for its working period, considering their professional experience, seniority and expertise.

CHAPTER TWO: Formation and Duties of the Association

Association

Article 4 – (1) The Turkish Travel Agencies Association is a professional organization with the status of a public institution, which every enterprise establishing a travel agency must become a member of. The Association is briefly referred to as TÜRSAB.

(2) The headquarters of the Association is in Istanbul.

Duties of the Association

Article 5 – (1) The duties and authorities of the Association are as follows:

  • a) To ensure the development of the profession and the determination and implementation of its principles, and to provide solidarity among members,
  • b) To conduct necessary inspections, examinations and evaluations including the qualifications of the workplace and personnel and address changes from the establishment of the travel agency,
  • c) To take measures against situations and events that may negatively affect the development of the profession,
  • ç) To prevent unfair competition among members and in tourism sector activities affecting the travel agency profession, to take necessary measures against unfair competition acts, and to apply to administrative and judicial authorities on this matter,
  • d) To make necessary determinations to prevent unlicensed activities, to file criminal complaints about detected unlicensed activities and to take other legal actions against the relevant parties,
  • e) To organize training programs for travel agency personnel regarding the development of the profession and to cooperate with relevant institutions for professional competence,
  • f) To inspect whether travel agencies maintain their activities and qualifications and to take necessary measures,
  • g) To keep the records of its members up to date,
  • ğ) To provide public access, especially consumers, to the records of travel agencies for informational purposes,
  • h) To inspect licensed and unlicensed travel agency activities carried out in the field of information technology,
  • ı) To cooperate with central and local administrations for the development of domestic tourism movements, to prepare and implement projects,
  • i) To conduct market research and investigations on travel agency activities, to engage in promotion and marketing activities of the country's tourism,
  • j) To represent travel agencies in national and international organizations,
  • k) To make proposals and petitions to ministries, governorships and municipalities on matters related to professional activities,
  • l) To cooperate with professional organizations, institutions and organizations within the tourism sector to develop the country's tourism and to create joint platforms,
  • m) To examine whether the reservations made by travel agencies in tourism establishments comply with the legislation,
  • n) To convey members' requests and complaints to the relevant authorities,
  • o) To participate in standard setting and inspection activities regarding the qualifications and activities of other tourism enterprises upon request,
  • ö) To act as expert in travel agency matters,
  • p) To establish the Arbitration Board to act in disputes among members or between members and other tourism enterprises upon request of the parties,
  • r) To issue vehicle identification documents showing which travel agency the vehicles used in travel agency activities belong to,
  • s) To represent its members before public institutions, professional organizations and other organizations and to file lawsuits when necessary.

CHAPTER THREE: Association Organs, General Assembly Meetings and Disciplinary Penalties

Association organs

Article 6 – (1) The organs of the Association are as follows:

  • a) General Assembly.
  • b) Board of Directors.
  • c) Audit Board.
  • ç) Disciplinary Board.

(2) The members of the Board of Directors, Audit Board and Disciplinary Board are elected by the General Assembly from among its members.

General Assembly and its duties

Article 7 – (1) The General Assembly convenes every two years in November. It can also be called for an extraordinary meeting at any time by the Board of Directors or at the request of the Ministry. The Board of Directors cannot set the General Assembly date in a way that extends the working period.

(2) Every travel agency holding a business license is a member of the General Assembly. Travel agencies are represented at the General Assembly by the person authorized to own, represent and bind.

(3) The General Assembly convenes with the majority of representatives. If the majority is not reached at the first meeting, the second meeting is held within one week without seeking a majority.

(4) The General Assembly is opened by the Chairman of the Board of Directors or the Ministry representative.

(5) Among the members present at the General Assembly, a chairperson, two vice chairpersons and a sufficient number of clerks are elected to form the presidium. The votes related to the presidium election are counted by the Ministry representative.

(6) The duties and authorities of the General Assembly are as follows:

  • a) To examine the Association's accounts, discuss and decide on the reports of the Board of Directors, and discharge the Board of Directors and Audit Board when necessary,
  • b) To discuss and decide on the Association's work program and budget, to determine the fees to be paid to administrators and representatives and all kinds of allowances and travel expenses related to them,
  • c) To discuss and decide on matters submitted by the Board of Directors,
  • ç) To discuss matters requested to be discussed or removed from the agenda by one twentieth of the members attending the General Assembly and to decide on the agenda items,
  • d) To elect the members of the Board of Directors, Audit Board and Disciplinary Board,
  • e) To authorize the Board of Directors regarding the application of delay interest on uncollected dues,
  • f) To decide on the acquisition and sale of immovable property and other limited real rights if necessary. However, the sale of immovables requires the affirmative vote of two-thirds of the General Assembly, the justification prepared by the Board of Directors must be read, and then voted after speeches against and in favor,
  • g) To decide on establishing associations, foundations and economic enterprises, or establishing companies or participating in existing ones to achieve the Association's purpose, after being informed about the justification by the Board of Directors and discussing with speeches against and in favor,
  • ğ) To authorize the Board of Directors to determine the fees for documents to be approved and services to be provided by the Association,
  • h) To authorize the Board of Directors within the limits of the General Assembly's authority after discussions, clearly specifying the limits,
  • ı) To accept or amend the Association's Internal Regulation,
  • i) To accept or amend the directives regarding the working procedures and principles of the Arbitration Board, High Advisory Board and Specialized Unit Presidency.

(7) In cases where there is no provision in the Law and this Regulation, the General Assembly meetings, calls, agenda, Ministry representative and elections are conducted according to the provisions in the first section of the third part of the Law on Tradesmen and Craftsmen Professional Organizations No. 5362 dated 7/6/2005.

Board of Directors and its duties

Article 8 – (1) The Board of Directors is the executive and representative organ of the Association. The Board of Directors consists of nine members, including one chairman, elected by the General Assembly from among the members attending the General Assembly. Additionally, nine substitute members are elected at the General Assembly. At least four of the total members of the Board of Directors must be representatives of Group A travel agencies.

(2) In case of vacancy in the memberships, the substitute member who received the most votes becomes a principal member of the Board of Directors in order. If the chairmanship of the Board of Directors becomes vacant for any reason, the Board of Directors elects one of its members as chairman.

(3) The Board of Directors distributes duties among its members by voting. The Board of Directors determines the number of vice chairpersons, the person responsible for financial affairs, the person responsible for organization and administrative affairs, and the person responsible for promotion and media as deemed appropriate. The Board of Directors is authorized to distribute these duties among members. This duty distribution is announced on the Association's website.

(4) The Board of Directors is called to meeting by the chairman and the agenda is determined by the chairman. However, issues requested by at least five members of the Board of Directors are included in the agenda and discussed.

(5) The Board of Directors meets at least twice a month. It can also meet whenever necessary and upon the chairman's call. The quorum for meetings and decisions is at least five. The matters discussed at the Board of Directors are recorded in minutes. The minutes of decisions are signed on the meeting day and entered into the decision book and signed again. A member who dissents submits a dissenting opinion in a separate petition. The signature on the minutes and decision book indicates the member's dissent.

(6) The chairman represents the Board of Directors alone in administrative matters and in issuing power of attorney for lawsuits and administrative procedures, and jointly with the member responsible for financial matters in financial transactions. In the absence of the chairman, a vice chairman authorized in writing by the chairman exercises the representation authority. The representation and binding authorities of the Association in financial matters are determined by the Board of Directors and a circular is prepared.

(7) The duties and authorities of the Board of Directors are as follows:

  • a) To prepare the Association's work program and budget and submit them to the General Assembly,
  • b) To implement the decisions taken by the General Assembly,
  • c) To determine, manage and assign the General Secretary and personnel to be employed at the Association center and regions,
  • ç) To carry out necessary work and procedures related to Ordinary General Assembly meetings to be held within the period specified in the Law, to decide on holding Extraordinary General Assembly meetings and to conduct them in accordance with the legislation,
  • d) To implement the budget accepted at the General Assembly and to make transfers between budget items if necessary,
  • e) To decide on the matters on the agenda of the Board of Directors,
  • f) To prepare reports on Association activities, the status of travel agencies and tourism sector issues and submit them to the Ministry and General Assembly,
  • g) To determine the authority areas of Regional Presidencies and Local Representative Boards, to conduct election procedures and assign their duties,
  • ğ) To make assignments related to Association activities,
  • h) To determine the members of the High Advisory Board,
  • ı) To determine representatives related to the Association's participations, to monitor the activities of participations, to direct them through representatives and to ensure their audits are conducted properly, to inform the General Assembly about the status of participations,
  • i) To prepare the Association's Internal Regulation and submit it to the General Assembly,
  • j) To prepare directives related to the functioning of the Association and submit them to the General Assembly for approval,
  • k) To determine the Arbitration Board and Specialized Unit Presidencies, to supervise their work,
  • l) To represent the Association.

Audit Board and its duties

Article 9 – (1) The Audit Board consists of three members elected by the General Assembly from among its members. Additionally, three substitute members are elected at the General Assembly. The Audit Board members elect one member as chairman.

(2) The Audit Board meets at least once every three months. The meetings are chaired by the Audit Board chairman.

(3) The duties and authorities of the Audit Board are as follows:

  • a) To audit whether the activities of the Board of Directors are conducted in accordance with the legislation and General Assembly decisions,
  • b) To control and audit the Association's accounts and financial relations with participations and to prepare reports to be submitted to the General Assembly,
  • c) To submit reports to the Ministry every three months about the Association's activities.

Disciplinary Board and disciplinary penalties

Article 10 – (1) The Disciplinary Board consists of three members elected by the General Assembly from among its members. Additionally, three substitute members are elected at the General Assembly. The Disciplinary Board members elect one member as chairman. The quorum for meetings and decisions is three.

(2) The Disciplinary Board is authorized to investigate whether the Association members comply with the Law, Regulation and professional ethical principles in agency, promotion and advertising activities upon notification or complaint.

(3) After the investigation is completed, the following penalties are applied to the member found at fault according to the nature of the fault:

  • a) Warning penalty: It is a written notice to the member who acts contrary to the professional principles of travel agencies, who does not fulfill membership duties and obligations to the Association, who does not pay the annual membership fee by the end of the year, who makes statements and acts damaging the reputation of the Association, or who behaves impolitely and discourteously in relations with consumers and others, that they should be more careful in their professional activities and behavior. If the member repeats the act requiring a warning penalty within one year, they are punished with a reprimand penalty.
  • b) Reprimand penalty: It is a written notice to the member who does not fulfill commitments to consumers and others or makes unjust accusations against them, who deceives customers, consumers or others, who engages in anti-competitive behavior or unfair competition, or who has received multiple warning penalties, that they are at fault in their professional activities and behavior. If the member repeats the act requiring a reprimand penalty within one year, they are punished with a fine.
  • c) Fine penalty: The member's actions against the Ministry, other official institutions and the Association ...