Package Tour Contracts in Times of COVID-19

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GİRGİN Ö. A., Low S.

ISTANBUL HUKUK MECMUASI, vol.78, no.2, pp.563-577, 2020 (ESCI) identifier

  • Publication Type: Article / Article
  • Volume: 78 Issue: 2
  • Publication Date: 2020
  • Doi Number: 10.26650/mecmua.2020.78.2.0011
  • Journal Name: ISTANBUL HUKUK MECMUASI
  • Journal Indexes: Emerging Sources Citation Index (ESCI), TR DİZİN (ULAKBİM)
  • Page Numbers: pp.563-577
  • Keywords: Covid-19 pandemic, Package tour, Termination, Refund, Unavoidable and extraordinary circumstances
  • Anadolu University Affiliated: Yes

Abstract

This comparative study deals with the question of whether travelers can terminate an already booked package tour free of charge after the outbreak of COVID-19 ("coronavirus") in EU law and Turkish law. It first provides preliminary information about the regulations related to package tour contracts. It explains afterwards, which package travelers have the right of termination and compares the conditions and legal consequences of termination of the contract, under the perspective of EU and Turkish laws. In this context, the terms such as unavoidable and extraordinary circumstances, force majeure, the situation that cannot be foreseen and prevented and the reason that not caused by consumer are examined in respect of the COVID-19 pandemic. Different results of the cancellation of the package tour or termination of contract are analyzed. Also a recent amendment in the directive about the package tour contracts in the Turkish law is criticized.