Number of accidents increases. Who takes reponsibility?

traffic accident in Turkey
accident in Turkey

Unfortunately, foreign citizens from different countries who come on holiday to Turkey after purchasing the package tour, quite often become the victims of traffic accidents, food poisoning, accidents in hotels, and infections in the hotel pool. In this article, we want to clarify who is responsible for tourists’ lives and health during their stay in Turkey.

The package tour is the ready product of the tour operator, which includes a number of touristic services. According to the article 51/1 of the Turkish consumer rights law number 6502, the package tour must offer transportation and accommodation services, which are included in the price, the duration of the tour must be at least 24 hours.

There always must be two parties in the services contract of such kind: the consumer and the company that manufactures the tourist product. All the tour operators providing touristic services in Turkey must follow the set of rules published on 14.01.15. According to article №13 of this decree, if the tourist company did not fulfill the obligations specified in the contract, or fulfilled them inappropriately, it is responsible for any damages caused to the consumer. Tourists also has the right to demand appropriate compensation for the spoiled vacation and wasted time.

Another important question: if one company sells package tours overseas, and another partner company provides the services in Turkey, who is responsible for the tourists? According to the Turkish laws, shared responsibility belongs either to the seller company or to all the companies providing tourist and transport services included in the package tour.

Road accidents in Turkey involving tour buses often occur during airport transfer services and sightseeing tours. For example, the accident which happened late in the evening Aug. 6, 2015 took place near Pamukkale, when tourists were returning to their hotels after a day of sightseeing. In this case both the tour operator, and the company that provides travel and transportation services are responsible for all the compensations for moral and material damage to the victims of the accident and the relatives of perished tourists. Tour Operator takes personal responsibility for an appropriate educational level of the hired drivers as well as for their resting time schedule.

The accidents taking place in Turkish hotels, when a number of foreign children drowned in pools have become another big problem of the 2015 season. The tour operator company is obliged to monitor the necessary safety standards in hotels it works with. According to the legislation of Turkey, there definitely must be a lifesaver near the pool, and the hotel must hire qualified doctors and nurses, capable to perform professional first aid. In other words, the certain part of responsibility for the children’s death belongs to the firm that released the package tour.

Tourists, who do not possess this information, often receive only insurance benefits and do not go further in the fight for their rights. Turkish law system provides impressive amounts of compensation for moral and material damage, the tour operator definitely must not avoid taking responsibility for all the incidents. Our lawyers in Turkey we first to move from theory to practice and began to start legal proceedings against the tour operators. As a result, we were able to achieve the highest compensation for moral and material harm ever payed to a foreign tourist. For more information contact our lawyers in Turkey.