You came on a holiday to Turkey with your package tour. Do you know the risks that you may face with during your holiday and that whether those risks are covered or not, and (if covered) how much of them be covered? If you have bought a package tour, you can easily find the answer to the question above by looking into your
policy that has to be given to you by the tourism agency.
Let’s first explain what a package tour is to get a better understanding of the subject.
Package Tour is a tour that together supplies at least two of the tourism services like transportation and accommodation and makes an all-inclusive sale, including a stay over 24 hours or a night stay. The printed contracts which are drawn up before are called package tour contracts.
According to Turkish law, it is obligatory to give the one copy of the package tour contract which was signed while buying that tour, to the customer. In addition to that, tourism agencies that sell package tour have to assure the customers due to the fact that the service they provide either can not be performed or not as required. This is a compulsory insurance enacted by law. Tourism agency has to give one sample of the related compulsory policy to the customer. Therefore, when you buy a package tour, the customer need to have at least two document, one is the copy of the package tour contract and the other is the compulsory package tour policy.
By means of the compulsory package tour insurance, the customer can directly claim the loss arising from fail to fulfill the pledged services or that as required. Even the bankrupt of the tour agency is covered.
As an example of failing to provide the service never, bankrupting the agency, not giving the return flight ticket, terminating the accommodation before its time or canceling the touring may be referred. And as an example of failing to provide the service as required, giving an accommodation at a three star hotel instead of a five star, providing guidance and info services by the ones who are not competent or transporting by the inadequate means may be referred.
In addition to the compulsory package tour insurance, tour agency is responsible for notifying the following terms that it can assure as far as the policy limit correspond while signing up the contract:
1- Returning expenses to departure point in case of an accident and illness,
2- Damage of all kind of accident and treatment expenses.
You can not check that whether the hotel you stay has a workplace insurance covering many risks like fire, earthquake or terrorist incidents; or the bus that transports you has a compulsory personal accident insurance, notably the traffic accidents; or the plane or jet ski, restaurant, rafting company, night club etc. has an insurance or not.But if you have bought a package tour, you can check if the tour is covered or not, at least with a compulsory package tour insurance.
During your holiday, you face with services that fails or services that are not ever given or you wonder what kind of a policy you got regarding the accidents that you may face with, please check if the package tour contract and compulsory policy is given to you or not.In case one or all of the documents were not given to you, please immediately contact with your agency.If you still do not find answers to your all questions and if there is something unclear, we suggest you contact with TURSAB (Association of Turkish Travel Agencies).
TURSAB is a long-established corporation which was founded to improve tourism and the travel agency as a profession. TURSAB checks firmly their member agencies whether they comply with laws and professional discipline to realize their aims.
You can not solve your problems despite all dialog, it doesn’t mean all is over. The rights of the customer who buys a package tour contract is subject to consumer law and in jurisdiction of the consumer courts. It is decided in favor of the customer for many subjects that the customer is right.
|Ozal Law Firm |
All rights reserved © 2015
|Ataturk Blv., Guneş Sit., B-Blok 17-1, |
Konyaalti, Antalya, Turkey.
London:132-134 Lots Road
SW10 0RJ Chelsea LONDON
|Т. +90 242 229 97 21 |
F. +90 242 229 97 51
|+90 541 229 97 21 (Eng, Tr) |
+90 541 551 61 83 (Rus)
+90 532 60118 04 (Ger)
U.K. Mobile Phone :
+44 7551 682868