ANNOUNCEMENT ON THE “TOURIST GUIDE – TRAVEL AGENCY SAMPLE SERVICE AGREEMENT” PUBLISHED BY TUREB

Dear Members,

It has been observed that the “Tourist Guide – Travel Agency Sample Service Agreement,” stated to have been prepared by the Union of Tourist Guides Chambers (TUREB) in accordance with Article 38/4 of the Tourist Guiding Profession Regulation, has been published on TUREB's website. We would like to bring the following points to the attention of our valued members regarding the published sample agreement:

1. The sample agreement published by TUREB is for the purpose of recommendation for tourist guides and has no legal significance beyond that. Travel agencies have the right and authority to enter into agreements with tourist guides in accordance with the freedom of contract, provided that they comply with the mandatory provisions of the Law.

2. The text published as a sample contract contains provisions that are contrary to the law and regulations. Namely, there is no equivalent to Article 38/4 in the Tourist Guide Profession Regulation. Therefore, it is understood that the sample contract was prepared in accordance with Article 19/4 of the Regulation.

3. Similarly, the text “Tourist Guide - Travel Agency Service Contract General Provisions” published on the TUREB website has no equivalent in the legislation, and the provisions herein are not binding on travel agencies; the nature of the current text is merely a recommendation for guides.

4. In addition to the above explanation, the provision in Article 5 of the published sample contract regarding referrals to shopping areas is considered problematic in its current legal form. The primary duty of a tourist guide assigned on behalf of a travel agency is to implement the tour program prepared by the travel agency, and any deviation from this is considered a breach of contract.

5. Although the sample contract includes the Tax Identification Number of the travel agency, it does not include information regarding the Tax Identification Number of the tourist guide or the obligation to issue a freelance invoice. In the contracts to be drawn up, importance should be given to the application of the guide's obligation to issue a freelance invoice.

6. It is recommended that travel agencies that are members of our Association enter into contracts with tourist guides by drawing up service contracts within the scope of contractual freedom, provided that they comply with the mandatory provisions of the Law.

Respectfully submit this information to your attention.

Association of Turkish Travel Agencies
TÜRSAB