INFORMATION REGARDING THE "TOURIST GUIDE - TRAVEL AGENCY SAMPLE SERVICE AGREEMENT"

Dear Members,

The need has arisen to inform our members about the following points regarding the "Tourist Guide - Travel Agency Sample Service Agreement," which has been opened to discussion in the sector and prepared and announced by TUREB.

1. As is known, each professional organization can only make suggestions to its own members. Claiming that a text called a "Sample Agreement" is mandatory and binding contradicts, first of all, the rules of Turkish grammar and then the fundamental principles of law.
2. Stating that the authority to publish a text whose legal status is at most a "Sample Agreement" belongs exclusively to TUREB is a misleading statement and also contains an internal contradiction. It is legally incorrect for a professional organization to present a text it has published as a "sample" as if it were a mandatory provision of the legislator.
3. It should be noted that tourist guides can be employed not only as freelancers but also under an "Employment Contract" subject to the provisions of the Labor Law No. 4857. The standard contract sample prepared by TUREB cannot disregard the dynamics of labor law and the specific agreement conditions of the parties.
4. The sample contract published by TUREB is advisory in nature for tourist guides and has no legal meaning or binding effect for our travel agencies. Our members have the right and authority to enter into contracts with tourist guides within the freedom of contract, provided that they comply with the mandatory provisions of the Law.
5. The most fundamental characteristic of the freelance practice of the tourist guiding profession is the obligation of the tourist guide to issue a freelance receipt and their tax liability. Even when making a money transfer from a bank, the tax identification number information is entered, yet the sample contract published by TUREB does not include the Tax Office and Tax Identification Number information to which the tourist guide is affiliated, indicating that the sample contract was prepared without adhering to legal and tax regulations.

According to Article 19, paragraph 2 of the Tourist Guides Professional Regulation, the following are the Mandatory Matters that must be included in the Contract:

* Tourist guide's license and chamber registration number,
* Travel agency's title, document and tax number,
* Notification addresses,
* Working language of the tour subject to the contract,
* Tour route,
* Group nationality and number of tourists in the group,
* Total fee calculated in accordance with the fee announced in the tour program and base fee schedule,
* Date of arrangement,
* Wet signatures of the parties,
* In tours to be conducted for public benefit, the information of the relevant public institution and its authorized signature must be included in the travel agency section of the contract.

Provided that the aforementioned mandatory matters are included in the contract, our members may enter into service contracts with tourist guides within the freedom of contract. In addition to the mandatory points mentioned above, it is strongly recommended that our valued members also adhere to the following points in the Service Contracts they will conclude with tourist guides:

1. Attention should be paid to whether the tourist guide has a self-employment receipt, it should be stated that the guide is obliged to issue a self-employment receipt and deliver a certified copy of the issued self-employment receipt to the travel agency, and the tax office and tax identification number information of the guide should be written,
2. The contract should be concluded in writing and within the freedom of contract,
3. A written document in the form of instructions regarding the tour program should be given to the tourist guide. We respectfully submit this information to your attention.

Association of Turkish Travel Agencies 
TÜRSAB