Travel Agents Regulation
These legislation pages are compiled and updated by the Ministry of Culture and Tourism Inspection Board.)
Official Gazette Date: 04.09.1996 Official Gazette Number: 22747
FIRST PART
General provisions
Purpose and Basis
Article 1- The purpose of this Regulation, which was prepared in accordance with the Travel Agencies and Travel Agencies Union Law dated 14/09/1792 and numbered 1618; to regulate the principles to be applied in the establishment of travel agencies and the profession and services of travel agency in line with the principles determined by the Law.
Scope
Article 2 – This Regulation covers the establishment and working principles of travel agencies, the scope and qualifications of their services, the qualifications of the travel agency owner, responsible manager and staff, and the workplace, and the principles of application of the provisions to which travel agencies are subject, as specified in the Law No. 1618.
Definitions
Article 3 – In this regulation;
Ministry: Ministry of Culture and Tourism
TÜRSAB: Association of Turkish Travel Agencies
Law: Travel Agencies and Travel Agencies Association Law No. 1618
Travel Agency: Commercial enterprises subject to the provisions of the law numbered 1618, which organizes all kinds of travel to the consumer with or without a program and produces all the services required by this trip.
Business Certificate: Travel Agency Business Certificate
Consumer: The person who buys the Travel Agency service or product for personal use.
Tourist: Refers to the Travel Agency consumer.
SECOND PART
Travel Agency Services, Groups and Working Principles
Exclusive Services to Travel Agencies
Article 4 – Exclusive services to travel agencies are as follows:
a) Organizing Tours: Traveling with or without overnight stay, from the country to abroad, from abroad to the country or within the country, with or without a program, for the purpose of encouraging or supporting travel, sports, entertainment, religious, health, education, cultural, scientific and professional study, and the activities included therein. Organizing, marketing, performing services,
b) Transfer: The tourist, who is a travel agency consumer, is transported from places such as border entrance and exit gates, marinas, intercity or international transportation services such as bus station, train station, port, airport to the facility or facility where he/she will stay, at any stage or at the end of the organized tour. To ensure the transportation of companies that are exclusively carriers to the places where the services are offered or from the settlement where the program starts to the accommodation facility or from the facility to the settlement at the end of the program, regardless of a tariff or the rules to which they are subject,
c) Reservation: Reserving a place on behalf of the consumer regarding scheduled or non-scheduled flights of land, sea, air vehicles and all kinds of accommodation, catering and entertainment establishments, making registration,
d) Information: To provide information about tourism-related and tourism-related issues, and transactions such as foreign currency, visa, customs, which the tourist is subject to,
e) Congress-Conference Organization: To organize congresses, conferences, meetings, fairs, exhibitions and similar activities that include at least one of the accommodation, transfer and tour services,
f) Rental of individual transportation vehicles for touristic purposes: Directly renting vehicles that are owned by themselves or that have the authority to rent even though they are not in their possession, that can be traveled by more than two people, and vehicles that have accommodation in them, for the consumer who wants to rent a vehicle individually for non-commercial purposes, , make a reservation,
g) Selling transportation vehicles tickets: Selling the transportation vehicles that provide transportation services and the tickets of the businesses that own these vehicles, with the legislation they are subject to, on a scheduled or non-scheduled basis,
h) Selling travel agency products: Selling all or some of the services produced by travel agencies, provided that they are authorized by the travel agency that owns the product.
Other Services of Travel Agencies
Article 5- Travel agencies may also operate in the following areas:
a) Sales of touristic information and promotional materials: Travel agencies may sell touristic books, pictures, postcards, souvenirs, guides and form-like materials that the tourist may need at the workplace for tourists and those who purchase travel agency services.
b) Carrying and renting motorized or non-motorized transportation vehicles: Vehicles with or without motor, which can carry at most two people together, can be kept by travel agencies for the purpose of renting by tourists.
Services Not Counted as Travel Agency
Article 6 – Travel Agency activities are carried out by travel agencies established in accordance with the Law No. 1618. It is prohibited to provide services defined as activities exclusive to the travel agency for a fee for the consumer, by persons and organizations that are not travel agencies. If these are done, the provisions of Articles 29, 30 and 31 of the Law No. 1618 shall apply.
However,
a) The transactions made by the consumers directly for themselves or their families, and the reservation transactions to be made by the person or organization who pays the price in order to be offered free of charge to the beneficiaries for the purpose of catering, incentive or support,
b) Accommodation, hospitality, entertainment, transportation and yacht businesses certified by the Ministry to market, make reservations and sell their own products in the place and manner permitted by the legal regulation to which they are subject,
c) The activity of renting vehicles owned by persons and organizations that are not considered direct consumers for commercial purposes and needs or that they are operating in accordance with the road traffic law, in accordance with the legal regulations to which they are subject, is not considered as Travel Agency Activity.
Travel Agency Groups
Article 7 – Travel agencies are divided into 3 groups in terms of their services:
a) Group A and Temporary Group A Travel Agency: It produces and markets exclusive and other services of travel agencies for Turkish and foreign customers.
b) Group B Travel Agency: They provide reservation and ticket sales services for land, sea and air transportation vehicles, as well as the sale of tickets for tours organized by Group A and Temporary Group A travel agencies, and the service provided to them by a group A travel agency. As other services of travel agencies, they can perform the services shown in Article 5.
c) Group C Travel Agency: They organize and market domestic tours for Turkish citizens. In addition, they perform the services provided by Group A travel agencies and market the products of these agencies. They can perform the services listed in Article 5 as other services of travel agencies.
Just as the task assigned by the Group A travel agency to the Group B or C travel agency must be documented in a letter or contract, this task cannot be in the form of arranging a whole tour that is under the service of a Group A travel agency by a Group B or C travel agency.
Domestic Tours
Article 8 – A and Temporary Group A travel agencies may organize tours from home to abroad, provided that they present documents regarding the foreign currency they brought from abroad in the previous year in return for travel agency service to the Ministry, and that the total amount of the payments to be made abroad does not exceed 25% of the foreign currency they bring.
THIRD PART
Establishment, Qualifications and Controls of Travel Agencies
Establishment
Article 9 – The title of Travel Agency is acquired by becoming a member of TÜRSAB, by the business that is entitled to an operating certificate to be given by the Ministry.
Application
Article 10 – Real or legal persons who want to obtain a travel agency business license apply to the Ministry with a petition. The Ministry sends the letter stating the name of the travel agency meeting the conditions specified in the Law to the applicant and TÜRSAB.
The specified travel agency name cannot be requested as a tourism business name by other persons and organizations for 20 days from the date of the Ministry's letter. If the applicant does not apply to TÜRSAB within this period and does not start the travel agency establishment process, the Ministry evaluates these requests if the name assigned is requested by others.
Application Documents
Article 11 – The applicant applies to TÜRSAB with the letter given by the Ministry and the following documents.
a) If the applicant is real, the document to be obtained from the relevant court stating that he is not under arrest, if he is a legal person, the original or notarized copy of the Trade Registry Gazette containing the company's articles of association, which also includes tourism or travel agency activity,
b) If it is a real person, it will be taken from the Commercial Court; the document stating that it is not bankrupt, if it is a legal entity, the Trade Registry Document to be obtained from the Trade Registry Office,
c) If the applicant is a real person, the identity card copy and criminal record of himself, if he is a legal person, of the members of the board of directors and of the person whose legal entity is designated as authorized to administer and represent in the Trade Registry Gazette,
d) The original of the information officer document of the person declared as the responsible manager, the document obtained from the relevant travel agency showing that he has worked in the travel agency for at least two years, the copy of the population registration and criminal record, the original or notarized copy of the document showing that he is at least high school graduate,
e) Rental agreement for the place where a travel agency is to be opened or a copy of the deed of the applicant,
f) Originals of documents and copies of identity cards of information officers,
g) The original of the form given by TÜRSAB with the signature of the applicant,
h) Trade Registry Gazette in which the decision regarding the establishment of a travel agency is published,
i) Notary public undertaking that the specified name will be changed upon the request of the Ministry due to confusion,
j) Document or letter of guarantee regarding the establishment guarantee in the amount determined by the Ministry,
k) Notary public undertaking regarding the guarantee.
Examination
Examination
Article 12 – TÜRSAB conducts on-site inspections on the submitted documents and whether the notified address is suitable for travel agency activity, within 15 days after the documents related to the application made to it are completed.
Dues
Article 13 – Travel agency candidate businesses that are evaluated as meeting the conditions specified in the Law as a result of the examination, are registered as TÜRSAB members upon payment of the entrance fee determined in accordance with the Law.
Certification
Article 14 – It is sent to the Ministry by TÜRSAB along with the application file documents and the TÜRSAB membership certificate.
The Ministry issues a travel agency operation certificate to those who are found suitable as a result of the necessary examination and audit.
Those who want to obtain a Group A travel agency business license are given a temporary Group A travel agency business license for two years.
Withdrawal of Application
Article 15 – If the applicant does not apply to TÜRSAB within 20 days following the date of the letter given by the Ministry as a result of the application, or if the necessary documents and procedures are not completed within one month after the application made to TÜRSAB, the application is deemed to be cancelled.
Membership Cancellation During Application
Article 16 – The membership of those who cannot obtain an operating license due to the fact that the application of the travel agency, whose file is sent to the Ministry after being approved by TÜRSAB, is not approved by the Ministry, will be canceled and the membership entrance fees will be returned to them by TÜRSAB.
Qualifications of the Travel Agency Owner
Article 17 – If the owner of the travel agency is a real person or persons, if these persons are legal persons, the chairman of the board of directors and the person or persons who have the authority to manage, bind and represent the legal entity, the following qualifications are sought:
a) Not to have completed the age of 18 and to be under internment,
b) Not to be convicted of fraudulent bankruptcy, fraud, breach of trust, disgraceful crimes or heavy imprisonment,
c) Not to be bankrupt,
d) Not to be penalized for operating a travel agency without a business license,
e) Not to be subject to the restriction set forth in Article 28 of the Law.
Qualifications of Travel Agency Responsible Manager
Article 18 – It is obligatory to employ a responsible manager at the headquarters and branches of travel agencies. In cases where the responsible managers and persons holding the title of agency owner will act as the responsible manager of the travel agency, the following qualifications are sought in the agency owner:
a) To have the conditions sought for the owner of a travel agency in Article 17,
b) T.C. be a national
c) To have the information officer certificate given by the information officer exam and the information officer foreign language achievement certificate or to have a professional tourist guide certificate,
d) To be at least a high school graduate or equivalent,
e) To have worked as a travel agency staff for at least two years in matters related to travel agency activities.
Responsible managers of Group C travel agencies are not required to certify their foreign language proficiency.
Qualifications of Travel Agency Staff
ARTICLE 19 – Those who will work as information officers in travel agencies must have been successful in the examination to be held by the commission to be established by the Ministry on the general culture of tourism and must have gained the title of information officer.
It is obligatory to employ at least two information officers in each of the headquarters and branches of group A and B travel agencies. At least one information officer must be employed in the headquarters and branches of C group travel agencies. Information officers who will work in A and B group travel agencies must also be successful in the foreign language exam to be held by the commission to be established by the Ministry.
Qualifications of the Travel Agency's Workplace
ARTICLE 20 – The following qualifications are required in the travel agency workplace:
a) It should be in a place where those who want to benefit can reach it with absolute freedom and equality,
b) The letter or sign that determines that it is a travel agency and bears its title is visible from outside the workplace of the travel agency,
c) It should be arranged in a suitable size and meticulously for the travel agency activity required by the Group,
d) Having materials such as desks and writing machines in the quality and amount required by the travel agency service,
e) Having at least a telephone, telex or fax device among the means of communication,
f) Not carrying out any other activity other than the travel agency service.
Travel Agency Establishment Audit
Article 21 – During the establishment of the travel agency, the following points are taken into account during the workplace inspection to be carried out by the Ministry and TÜRSAB:
a) Whether the workplace has the qualifications specified in Article 20 of this Regulation,
b) Whether the records stipulated by the Laws on Personnel are kept,
shall be written in the audit report to be drawn up.
Onsite Inspection
Article 22 – The inspection report is drawn up by the person who went to the inspection, and it is signed by the travel agency owner or the responsible manager or one of the information officers, who is declared as the travel agency workplace during the inspection and is present at the place where the inspection is carried out.
The matters identified in the audit report are clearly written, but the opinion of the person conducting the audit is not included. This opinion is written with justification in the audit report to be written by the auditor as a result of the audit, and is forwarded to the authority giving the audit task together with the audit report.
Branch Establishment
Article 23 – The conditions and establishment principles sought for travel agencies are valid for the branches they will establish. Establishment guarantee is half of the center for branches.
Continuity of Qualifications
Article 24 – Travel agencies must constantly maintain their establishment qualifications. Necessary action is taken by the Ministry about the travel agency that has lost the required qualifications.
Transition to Group A Travel Agency Business Certificate
Article 25 – Travel agencies holding a temporary Group A travel agency certificate must have obtained a foreign currency income of at least 80,000 USD in return for their travel agency activity within two years. This income is documented against the foreign currency purchase slip or invoices to be submitted to the Ministry. The Ministry has the right to request and examine the main documents related to income when it deems necessary.
At the end of the two-year period, the temporary operating license of the travel agency, which cannot document its income as stated above, is withdrawn by the Ministry.
Currency Notification Period
Article 26 – Group A travel agencies are obliged to document to the Ministry every two years that they receive a two-year period equivalent of 80,000 USD in exchange for their travel agency activities.
Travel agencies that fail to document their foreign exchange income within this period will be granted a 2-year period by the Ministry for those who have been operating for 5 years.
At the end of this period, the business license of the travel agency, which cannot document an annual average of 40,000 US Dollars of foreign currency income, is cancelled.
Certification of foreign currency income is done as specified in Article 25.
Travel Agency Plaque
Article 27 – Holders of travel agency business license are obliged to keep the travel agency's title, business license number and a cold stamped travel agency plaque, which states that it is a member of TÜRSAB, in order to prevent undocumented activities, to enlighten the consumer and to facilitate inspection.
Travel Agency Plaque Hanging
Article 28 – Travel agencies are obliged to hang the original travel agency business document in the visible places of their headquarters and branches, and the travel agency plaque at the place visible from the outside of the workplace.
Activity Controls
Article 29 – The Ministry and TÜRSAB officials can always inspect whether the workplace qualifications of travel agencies are protected and whether their activities comply with laws, regulations and professional principles.
Submission of Requested Information and Documents
Article 30 – During the inspection, it is obligatory to show the information and documents related to the elements listed in this Regulation to the inspectors when requested.
Documents to be Carried by the Tour Manager or Guide
Article 31 – The documents required to be in the tour manager or guide in travel agency tours are as follows:
a) Notary public or TÜRSAB certified copy of the travel agency operating certificate,
b) List of customers participating in the tour,
c) TÜRSAB license plate and tourist transport vehicle certificate,
d) Professional tourist guide badge and identity card of the tour guide
e) If the vehicle is rented by the travel agency, a copy of the contract
f) Tour program
Documents to be kept in Transfer Vehicles
Article 32 – The transfer officer must have the following documents in the transfer activity of the travel agency:
a) A notary or TURSAB certified copy of the Travel Agency operating certificate
b) List of transferred passengers
c) TÜRSAB license plate and tourist transport vehicle certificate
d) If the vehicle is rented by a travel agency, a copy of the contract
e) Travel agency personnel identity card issued by TÜRSAB belonging to the transfer officer or a travel agency letter stating that he is in charge.
Responsibilities
Article 33 – Travel agencies are responsible for all services included in the activity against consumers in the activities they organize themselves and in marketing services related to the activity organized by another travel agency.
In the event that the service is not performed or is defective, the travel agency recourse to the faulty party for the loss incurred.
In marketing the product of another travel agency, it is obligatory to indicate the name of the travel agency that owns the product.
Travel Agency Service Rules
Article 34 – Travel agencies are obliged to act in accordance with the rules determined by the relevant laws, regulations and TÜRSAB professional principles.
Agreement
Article 35 – In their advertisements, advertisements and announcements, travel agencies are required to specify the reservation and cancellation conditions, the services included in the price, or the services that are not included in the price, as well as other legal obligations.
Tourist Transport Vehicle Qualifications
Article 36 – The transportation vehicles that travel agencies will use exclusively while performing their own services must meet the conditions set forth in the legislation regarding transportation vehicles as well as the conditions in this regulation.
(Annex 25.04.1997 - 22970) Whether the vehicles have the qualifications specified in the regulation is determined by the control of TÜRSAB or persons or organizations authorized by TÜRSAB, within the knowledge and permission of the Ministry.
Transport Vehicle Certificate
Article 37 – Vehicles that have the characteristics of tourist transportation vehicles are given a certificate by TÜRSAB.
Road Tourist Transport Vehicles
Article 38 – (Amendment: 25/04/1997 – 22970) – The following qualifications are sought in passenger transport vehicles to be used by travel agencies in their transfers and tours.
a) Mandatory qualifications as per the Highway Traffic Law and relevant legislation,
b) Existence of ventilation, heating and cooling installations,
c) There is one fire extinguisher for every 15 seats,
d) Being commercially registered and registered,
e) Must be at most 8 years old,
f) Having sound equipment,
g) In addition to the compulsory financial liability and seat insurance, the passenger and travel agency personnel must have personal accident insurance in an amount to be determined every year, against damages in accidents,
h) To be clean and well-maintained,
i) Having a reclining seat,
k) Presence of seat belts in the front rows.
However; Subparagraphs (b) and (i) of this article are not required for vehicles with less than 22 passengers.
Rent A Car Activity
Article 39 – Travel agencies, in order to carry out travel agency activities defined as Rent A Car, keep at least ten motor land transportation vehicles with the following qualifications in their possession or in a way that they operate.
Vehicles to be rented to tourists must be of the following quality:
a) To carry the necessary conditions specified in the Highway Traffic legislation,
b) To be at most three years old for domestic vehicles and at most five years old for imported vehicles,
c) To have technical maintenance done.
Marine Transport Vehicles
Article 40 – Sea passenger transportation vehicles to be used by travel agencies in their transfers and tours have the following qualifications:
a) To have the qualifications required by the current legislation,
b) To be clean and well-groomed,
c) To be registered with the relevant professional chamber,
d) To have discretionary liability insurance in the amount determined every year,
e) Having a sufficient number of fire extinguishers,
f) To have other qualifications to be determined by the Ministry according to the conditions of the day.
Air Transport Vehicles
Article 41 – Air transportation vehicles to be used by travel agencies for tours and transfers must have the qualifications specified in the Civil Aviation legislation.
CHAPTER FIVE
Consumer rights
Consumer Rights Guarantees
Article 42 – In return for the consumer rights that may arise due to the activities of travel agencies, the Ministry is given the establishment guarantee, the amount of which is determined by the Ministry and specified in the articles 12 and 16 of the law, and the tour guarantees specified in the second paragraph of the 13th article of the law regarding the tours they organize abroad.
Tour Coverage
Article 43 – A guarantee amounting to 25% of the tour expenses is given to the Ministry in return for the consumer rights that may arise during the tours to be organized by the Group A and Temporary Group A travel agencies. The guarantee, which is not requested to be converted into cash 2 months after the end of the tour, is returned to the travel agency by the Ministry.
Evaluation of Consumer Rights
Article 44 – In the event that the financial claims of the consumers regarding the services provided by the travel agencies to the consumers, regarding the defectiveness of the service, the relevant travel agency is found to be unjust as a result of the action taken pursuant to Article 16 of the Law, the Ministry shall meet the consumer demand by converting the letter of guarantee in its hand.
Consumer Demand
Article 45 – In case the consumer has applied to the court against the travel agency and to the board within TÜRSAB, or if the travel agency applies to the court against the consumer or to the arbitration board within TÜRSAB, the request is met in the amount determined by these authorities.
Payment from Collateral
Article 46 – In case the consumer or the travel agency has not taken any legal action regarding its subject, the consumer request is evaluated by the Ministry. The result of the evaluation is notified to the relevant travel agency and the consumer.
If a payment is made to the consumer, if the payment is not made by the agency within thirty days from the date of notification, the payment to the consumer is made by the Ministry from the guarantee.
Payment method
Article 47 – In matters related to the activities of travel agencies, the requests of non-consumer businesses to pay their receivables from the travel agency's guarantee due to the travel agency's debt to them are accepted upon the submission of a finalized document regarding the receivable of the requester or if the travel agency has ceased to operate and there is no consumer demand.
CHAPTER SIX
Information Officer Exams
Opening the Exam
Article 48 – Information officer and information officer foreign language exams are organized by TÜRSAB on dates and places determined by the Ministry.
Announcement
Article 49 – Exam date and place and exam principles are announced in the Turkish edition of one of the daily newspapers at least one month before the exam date.
Co-organization of Information Officer and Foreign Language Exam
Article 50 – Information officer and information officer foreign language exam are held together. Those who are not successful in the information officer exam cannot attend the information officer foreign language exam.
Course
Article 51 – For candidates who want to take the exam, a course in which basic tourism and travel agency information will be taught is organized by TÜRSAB in the province where the exam will be held.
Course Participation
Article 52 – It is not compulsory for the candidates to attend the course.
Conducting Exams
Article 53 – Exam commissions are formed by the Ministry. Persons to be appointed by the Ministry and TÜRSAB serve as exam observers. A separate commission can be formed for the foreign language exam.
Those Who Cannot Attend the Foreign Language Exam
Article 54 – Among the information officer candidates who will work in Group C travel agencies, those who succeed in the information officer exam do not have to take the information officer foreign language exam.
Exam Format
Article 55 – The information officer exam is written on the subjects specified in the announcement; The information officer foreign language exam is given in written and oral form.
Evaluation of Exam Results
Article 56 – Information officer and information officer foreign language exam are evaluated separately.
Scoring System
Article 57 – Evaluation is made out of 100 points in the exams. Information officer exam success grade is at least 60 points. In the foreign language exam, translation from Turkish is scored 25 points, translation into Turkish is 25 points, and oral 50 points. A total of at least 60 points is required in this exam.
Certificate of achievement
Article 58 – Those who succeed in the exam are given an information officer certificate, which is approved by the Ministry of Culture and Tourism, and an information officer foreign language certificate of success.
Exemption from the Exam
Article 59 – Those who have been successful in the professional tourist guidance exams opened by the Ministry of Culture and Tourism, and those who have been appointed to an overseas mission by the Ministry of Culture and Tourism and have performed these duties for at least three years, by the Ministry, upon their request, information officer and information officer foreign language certificate, certificate of achievement. is given.
CHAPTER SEVEN
Final Provisions
Repealed Legislation
Article 60 – (Correction: 09/10/1996 – 22782) – With this regulation, the Travel Agencies Regulation published in the Official Gazette dated 27/09/1975 and numbered 15369 has been repealed.
Provisional Article 1 – Certificates of those who have obtained the Information Officer Certificate before the publication of this regulation shall replace the Information Officer and Information Officer Foreign Language Certificate.
Temporary Article 2 – Within six months after the publication of this regulation, travel agencies operating in car rental activities with or without a driver for touristic purposes shall receive a document from TÜRSAB showing that their status meets the conditions specified in this Regulation.
Force
Article 61 – This Regulation enters into force on the date of publication.
Executive
Article 62 – The provisions of this Regulation are executed by the Ministry of Culture and Tourism.
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