TRAVEL AGENTS REGULATION ( Laws )
TRAVEL AGENTS REGULATION
Number and Date of the Reference Act: 1618 – 14.9.1972
Publication and Announcement in the Official Gazette: 05.10.07 – Issue: 26664
PART ONE
Purpose, Scope, Legal Basis and
Definitions
ARTICLE 1- (1) The purpose of this Regulation is to set out the establishment and operating
principles of travel agents and branches, the scope of the services and qualifications thereof, the
qualifications of the travel agency owners, the personnel and business places, the guarantees, written
or visual materials for promotional purposes prepared by the professional organizations having the
characteristics of public institution, the qualifications and criteria of tourist transport vehicles, transfer
personnel and transfer vehicles. Scope
ARTICLE 2 – (1) This Regulation shall apply to travel agents.
Legal Basis
ARTICLE 3 -(1) This Regulation is prepared on the basis of Articles 4 and 10 of the Travel Agents
and Association of Travel Agencies Act no. 1618, dated 14/9/1972.
Definitions.
ARTICLE 4 – (1) The following terms, as and when used in this Regulation, shall have the following
meanings;
a) Ministry: means the ministry of Culture and Tourism,
b) Investigation and evaluation form: means the form showing the investigation and evaluation of
documents pertaining to travel agent transactions,
c) Operating license; means the license allowing to operate as a travel agent,
ç) Act: means the Travel Agents and Association of Travel Agents Act no. 1618, dated 14/9/1972,
d) Customer: means the person who buys travel agent services for himself/herself or for others,
e) Package tour: Under the scope of a program pre-determined by the travel agent, means the tours,
by which at least the two of transportation, accommodation and other touristic services which are not
considered as ancillary thereto are sold together, and which are sold as all-inclusive, or which are
promised to be sold so, and the service of which lasts for a period longer than twenty four hours, or
which involves overnight accommodation; f) Package tour agreement: means the pre-drafted written agreement, a copy of which must be
submitted to the customer, and by which at least the two of transportation, accommodation and other
touristic services which are not considered as ancillary thereto are sold together, and which are sold as
all-inclusive, or which are promised to be sold so, and the service of which lasts for a period longer
than twenty four hours, or which involves overnight accommodation;
g) Booking: means the booking and other check-in transactions made in the name of the customer in
respect of scheduled or non-scheduled services of land, naval and air vehicles or in respect of any
accommodation, food-beverage and entertainment services, and
ğ) Travel agent: means the business entity which, for profit purposes, is entitled to provide information
to tourists about tourism, to create tours and package tours, to provide services such as
accommodation, transportation, tour, sports and entertainment for tourism purposes, and which may
market the product it created, itself or through the agency of other travel agents,
h) Travel agent compulsory insurance policy certificate: the certificate given compulsorily to the
customer as per the act,
ı) Insurance agreement: In respect of package tours sold in Turkey by travel agents; the agreement
which shows that liabilities as may arise from the failure to provide to customers the services
undertaken including the bankruptcy of the travel agent or the failure to provide the same in
accordance with the undertaking are insured at least up to the amount of package tour price organized
under the scope of package tour they organized,
i) Transfer: Means the service of transport provided by the travel agent to the tourist, up to the starting
point of the tour or package tour organized, during any stage or at the end of it, from locations such as
border crossing and border gate, marinas, coach station, railway station, port or airport where
interprovincial or international transport services are provided to the facilities of accommodation or
from such facilities to the locations where such transport services are provided or from the start point
of the program to the accommodation facility or at the end of the program, from the facility to the start
point of the program by means of a vehicle, regardless of any schedule,
j) Tour: means the commercial activity which covers both the introduction of, and transportation to, at
least one of Turkey’s historical, natural, cultural and touristic values, which is sold, or promised to be
sold for a single price covering such services, and the service of which covers a period shorter than
twenty four hours or which does not involve accommodation,
k) Tourist: means the person who directly benefits from the travel agent’s product,
l) TURSAB: means the Association of Turkish Travel Agencies,
m) Compulsory insurance: In respect of package tours sold in Turkey; means the insurance which
provides insurance of liabilities as may arise from the failure to provide to customers the services
undertaken under the scope of the package tour organized by travel agents, including the bankruptcy
of the travel agent or the failure to provide the same in accordance with the undertaking, at least up to
the amount of package tour price.
PART TWO
Travel Agent Services, Categories and Operating Principles
Services provided by Travel Agents
ARTICLE 5-(1) The services provided by travel agents are as follows:
a) The travel agency business and activities are carried on by travel agents established in accordance
with the Act. It is prohibited for persons or entities who are not actually travel agents to provide, in
consideration for a price, services to consumers, which services are defined as exclusive services of
travel agents. The exclusive services of travel agents are as follows:
1) promotes, creates, markets or sells domestic / international tours or package tours with or without
overnight stay in connection with or without a schedule for individuals or groups,
2) makes the reservation and sells the tickets of land, naval and air transport vehicles and the
companies owning such vehicles,
3) Sells all or a part of the services generated by travel agents subject to authorization by the travel
agent owning the product,
4) Ensures transfer,
5) Organizes and sells, for profit purposes, tours or package tours which covers the organization,
provision, marketing and realization of accommodation, transportation, touring, food-beverage,
entertainment, sport activities, congress-conference, religious, health, training, cultural, scientific and
professional researches, travel for encouragement or support purposes and such other services included
therein,
6) For profit purposes, creates, markets or sells such services without a charge for catering,
encouragement or support purposes, which services will be provided by the person or entity by whom
the price is paid.
b) Other services and business that may be performed and provided by travel agents are as follows:
1) A travel agent may sell products covering tourism activities acceptable to national and international
institutions,
2) A travel agent may provide information about foreign currency, visa and customs procedures
governing the tourist regarding the tourism or the matters required by the tourism activity, may
execute such transactions / procedures,
3) A travel agent may sell touristic books, pictures, post cards, souvenirs and information material that
a tourist may need, at the business places or vehicles of travel agents,
4) A travel agent may rent at home and abroad for commercial vehicles such vehicles with or without
a driver intended exclusively for the carriage of passengers or their personal effects, which vehicles
have a seating capacity of 15+1 or less, for a definite period of time subject to a written agreement.
Services not considered Travel Agent Business
ARTICLE 6- (1) The services not considered a Travel Agent Business are provided below.
a) For commercial purposes and requirements, the business of renting the vehicles in respect of which
they act in capacity as the operator in accordance with the Highway Traffic Law no. 2918, dated
13/10/1983 to such persons and entities who are not directly considered customers, in accordance with
the applicable legal arrangements,
b) The marketing, booking and selling of their own products at such places and in such manners as
allowed by the legal arrangement governing the accommodation, entertainment, transport and
Ministry-licensed yacht enterprises.
Categories of travel Agents
ARTICLE 7- (1) Travel agents are classified under three categories on the basis of the services they
provide;
a) Category A Travel Agent: A travel agent falling into this category may provide any and all travel
agent services.
b) Category B Travel Agent: A travel agent falling into this category provides booking and ticket sale
services relating to the land, naval and air transport vehicles and performs the booking and sales of
tickets for tours organized by travel agents falling into Category A.
c) Category C Travel Agent: A travel agent falling into this category may promote, produce, market or
sell domestic tours only for Turkish subjects.
(2) Furthermore, the travel agents falling into Category B and C provides the services assigned thereto
by a travel agent falling into Category A and promotes, markets or sells the products of such agents.
(3) It is necessary that any such duty as may be assigned by a travel agent under Category A to a travel
agent under Category B or C be documented under a written document or agreement. Such duty may
not be organization of a tour or package tour in its entirety, which falls into the services of category A
travel agent, by a travel agent falling into the category B or C.
PART THREE
Application and Startup Procedures for Travel Agents
Application
ARTICLE 8- (1) The legal entities who wish to be granted a license to operate as a travel agent shall
lodge an application to our Ministry to get registered as a travel agent by serving an application letter
and a document relating to name registration, if any.
(2) If the travel agent titles / names specified in the application has been found appropriate by the
Ministry, the applicant and TURSAB shall, accordingly, be informed in writing.
Application Documents for the Startup of a New Travel Agent
ARTICLE 9 (Amended – O.G.: 19.3.2010 – 27526 / article 1) (1) The legal entities wishing to get
granted a license to operate as a travel agent shall lodge an application to TURSAB by serving the
original or certified copies of the following documents within thirty days as of the notification by the
Ministry that the title of the travel agent has been found appropriate. If the original copies are not
submitted where it is necessary to submit the original copies of such documents / certificates, after
confirming faithfulness of the document / certificate against the original copy thereof, the relevant
officer shall write the name and title, and so certify such documents / certificates.
a) Letter of Application,
b) The declaration which specifies the date and issue of the Trade Registry Gazette in which the
articles of association was published, evidencing that tourism and travel agent business are stated
among the business activities of the applicant entity,
c) The Certificate of Trade Registry which also includes the authorized signatory or signatories,
ç) The letter of undertaking regarding the agent title as provided in Annex-1,
d) For the purposes of applicant joint-stock companies, the declaration of Turkish Identity Number
and criminal record of the board members and persons who are authorized to represent the company,
and for the purposes of other companies, of all partners and the persons who are authorized to
represent the company,
e) The list of signatories authorized to represent the legal entity,
f) The document pertinent to the personnel referred to under Article 35 of the Travel Agents
Regulation, Social Security Institution Business Place code, the declaration including the Turkish
Identity Number of the employed personnel,
g) On the basis of the values referred to under Article 29, the original copy of the guarantee for
establishment in such amount as referred to under Article 30.
Cancellation of an Application
ARTICLE 10 (Amended – O.G.: 19.3.2010 – 27526 / article 2) (1) Any application shall be cancelled
if and where the applicant, within thirty days as of the notification that the title of the agency is
deemed appropriate, fails to apply to TURSAB, or the applicant fails to complete any missing
document / certificate or procedure, which may be discovered and notified by TURSAB after such
application to TURSAB within thirty days as of the date of notification, or the applicant submits any
inaccurate information or document / certificate.
(2) Subject to the applicable provisions of the Turkish Penal Code, a criminal complaint shall be filed
to the Chief Public Prosecutor’s Office about the applicants who submit inaccurate documents or make
false statements.
Member Registration Fee
ARTICLE 11- (1) The travel agent candidates, who are determined to meet the qualifications and
conditions referred to under the legislation in consequence of the investigation and review as will be
made by TURSAB, shall be registered as a member of TURSAB upon such candidates ensure the
payment of the member registration fee.
Cancellation of Membership During Application
ARTICLE 12 – (1) The memberships of the applicants who may not obtain an operating license due to
the fact that the application of the travel agent candidate, who was deemed appropriate by TURSAB,
and notified to the Ministry, was found inappropriate by the Ministry, shall be cancelled, and the
member registration fee thereof shall be returned thereto by TURSAB.
Certificate of Organization and Operating License
ARTICLE 13- (1) Travel agents shall be deemed so only and if they register with TURSAB as a
member and obtain an operating license to be granted by the Ministry. The travel agent shall start its
operations and business only after obtaining the operating license from the ministry.
Startup of a Branch
ARTICLE 14 – (1) The conditions sought from travel agents and the principles governing the
foundation of travel agents shall also apply to branches.
PART FOUR
Investigation, Auditing, Evaluation and Certification
Investigation and Evaluation on Documents / Certificates
ARTICLE 15 (Amended – O.G.: 19.3.2010 – 27526 / article 3) (1) – TURSAB shall carry out an
investigation and evaluation on information and documents / certificates submitted or stated thereto
with respect to the application lodged, and confirm the accuracy of the statement of criminal record by
reference to the relevant authority.
Auditing and Evaluation On Site
ARTICLE 16 – (1) TURSAB shall perform an investigation and evaluation about whether or not the
business place of the travel agent at the specified address meet the conditions referred to under Article
17, and whether or not the records for the personnel are kept.
(1) (Addition – O.G.: 19.3.2010 – 27526 – article 4) Where it deems necessary, the Ministry shall
perform an audit about whether or not the business place of the travel agent at the specified address
meet the conditions referred to under Article 17, and whether or not the records for the personnel are
kept. Qualifications of a Travel Agent’s Business Place
ARTICLE 17- (1) The business place of a travel agent must meet the following qualifications and
conditions.
a) The business place must be located at a place accessible freely and equally by those who wish to
benefit therefrom,
b) A writing or a signboard identifying the travel agent or bearing a travel agent title must be visible
from the outside of the business place,
c) In consideration of the place and location thereof, the business place must have a size in line with
the business of a travel agent as required for the category, and it must be orderly arranged,
ç) Telephone, fax, and electronic communication device for online operation of travel agent must be
available at the business place,
d) No other business or activity should be allowed at the business place other than the travel agent
business and services as referred to in the legislation. Notification
ARTICLE 18 (Amended – O.G.: 19.3.2010 – 27526 / article 5) (1) – TURSAB shall, in writing, notify
its opinion about the result of the application to the Ministry and the Applicant. In the case of
applications not found appropriate, the reasons shall be stated. In the case of applications which are
found appropriate, the original copies of the investigation and evaluation form, certificate of trade
registry, guarantee for establishment as referred to under Article 30 on the basis of the values given
under Article 29, the letter of undertaking relating to the title / name of the travel agency as given
under Annex-1 and the list of signatories authorized to represent the legal entity shall be enclosed to
the letter sent to the Ministry.
Objection and Audit
ARTICLE 19- (1) If the application is refused by TURSAB, the applicant may file an objection to the
Ministry within ten days as of the date of receiving the notification. The objection shall be finalized by
the Ministry. The Ministry, when it deems necessary, shall perform an audit about whether or not the
business place of the travel agent at the specified address meet the conditions referred to under Article
17, and whether or not the records for the personnel are kept.
Certification and revocation of license
ARTICLE 20 (Amended article and heading – O.G.: 19.3.2010 – 27526 / article 6) (1) If any document
and/or certificate is discovered to be missing in consequence of the investigation and evaluation made
by the Ministry, the application file shall be returned to TURSAB to ensure the completion thereof. If
the missing document or incomplete procedures as notified by TURSAB are not completed within 30
days as of the receipt of notification, the application shall be deemed refused, and cancelled.
(2) The eligible applicants whose applications are deemed appropriate shall be granted by the Ministry
an operating license, and the same shall be notified to TURSAB.
(3) To re-obtain the operating license, the travel agent shall lodge an application to the Ministry along
with the following documents and/or certificates.
a) Letter of application,
b) In respect of the re-obtainment of the operating license, the declaration of the date and issue of the
Trade Registry Gazette in which the resolution of the board of directors – in the case of joint stock
companies – and the resolution of the general meeting of shareholders – in the case of other companies
– were published,
c) The list of signatories authorized to represent the legal entity.
PART FIVE
Change of Agent Title, Trade Name, Address, Category, Type, Shareholding or Board of Directors
and Merger (*)
Application for Change
ARTICLE 21 (Amended – O.G.: 19.3.2010 – 27526 / article 8) (1) The written notification served to
TURSAB with respect to application for change shall be deemed to have been served to the Ministry.
(2) Pursuant to Articles 21 and 28, TURSAB shall perform an investigation and evaluation on the
original or certified copies of the information and documents / certificates submitted, and where
statement of criminal records are required, TURSAB shall confirm the accuracy of the statement of
criminal records with reference to the relevant authority. If the original copies are not submitted where
it is necessary to submit the original copies of such documents / certificates, after confirming
faithfulness of the document / certificate against the original copy thereof, the relevant officer shall
write the name and title, and so certify such documents / certificates.
(3) TURSAB shall, in the case of change of address, perform an investigation and evaluation as to
whether or not the business place at the specified address meet the qualifications and conditions
referred to under Article 17 and whether or not the records for the personnel are kept.
(4) If the result of the investigation and evaluation by TURSAB is affirmative, the letter of
application, investigation and evaluation form and, if required in respect of the application, the
certificate of registry about the last status and the following documents, whichever is relevant to the
application, shall be submitted to the Ministry.
a) In the case of change of agent title, trade name, category, conversion, change of trade name after
merger; the original copy of the guarantee of establishment as referred to under Article 30, out of the
values given under the article 29,
b) In the case of change of agent title, trade name, conversion, change of trade name after the merger;
the letter of undertaking for the agent title as given in Annex-1,
c) In the case of change of trade name, conversion, shareholding or the board of directors, and merger;
the list of signatories authorized to represent the legal entity,
(5) The documents and certificates shall be investigated by the Ministry, and if any document /
certificate is discovered to be missing in consequence of the investigation performed pursuant to
paragraph 6 of this article, TURSAB shall be notified to complete the missing document / certificate.
(6) In the case of change of address; the Ministry, when it deems necessary, shall perform an audit
about whether or not the business place of the travel agent at the specified address meet the conditions
referred to under Article 17, and whether or not the records for the personnel are kept.
(7) The Ministry shall issue an operating license for the applicants whose applications are found
appropriate, other than the cases of the change of shareholding or the board of directors and where the
trade name is not changed after the merger. In the case of change of operating license, TURSAB shall
be informed accordingly.
(8) Where the letter of application is directly submitted to the Ministry, the application shall be sent to
TURSAB for evaluation.
(9) In respect of the statements or documents referred to under Article 21 and 23, if any statements
made or any documents submitted are inaccurate, such application shall be cancelled.
(10) Subject to the applicable provisions of the Turkish Penal Code, a criminal complaint shall be filed
to the Chief Public Prosecutor’s Office about the applicants who submit inaccurate documents or make
false statements.
Change of Agency Title / Name
ARTICLE 22 (Amended – O.G.: 19.3.2010 – 27526 / article 9) (1) The travel agent shall submit its
application for the change of title to the Ministry.
a) If the ministry finds the application for the change of title appropriate, the same shall be advised to
the applicant and TURSAB in writing.
b) The applicant shall submit to TURSAB the following documents within thirty days as of the
receipt of the letter by the Ministry regarding the change of agent’s title.
1) Letter of Application,
2) On the basis of the values referred to under Article 29, the original copy of the guarantee for
establishment in such amount as referred to under Article 30,
3) the letter of undertaking regarding the agent title as provided in Annex-1.
Change of Trade Name
ARTICLE 23 (Amended – O.G.: 19.3.2010 – 27526 / article 10) (1) In the case of change of trade
name, the travel agent shall apply to TURSAB along with the following documents.
a) Letter of Application,
b) The declaration containing the date and issue of the Trade Registry Gazette in which the former and
new trade name of the agent is published,
c) The certificate of trade registry which also includes the person or persons authorized to represent in
respect of the then current status, ç) The list of signatories authorized to represent the legal entity,
d) On the basis of the values referred to under Article 29, the original copy of the guarantee for
establishment in such amount as referred to under Article 30.
Change of Address
ARTICLE 24 (Amended – O.G.: 19.3.2010 – 27526 / article 11) (1) In the case of change of address
including the branches, the travel agent shall apply to TURSAB along with the following documents.
a) Letter of Application,
b) The declaration containing the date and issue of the Trade Registry Gazette in which the former and
new address of the agent are published,
c) For the then current status, the certificate of trade registry which also includes the person or persons
authorized to represent,
Change of Category
ARTICLE 25 (Amended – O.G.: 19.3.2010 – 27526 / article 12) (1) In the case of change of category,
the travel agent shall apply to TURSAB along with the following documents.
a) Letter of application,
b) On the basis of the values referred to under Article 29, the original copy of the guarantee for
establishment in such amount as referred to under Article 30.
Conversion
ARTICLE 26 (Amended article and heading – O.G.: 19.3.2010 – 27526 / article 13) (1) In the case of
conversion, the travel agent shall apply to TURSAB along with the following documents.
a) Letter of Application,
b) The declaration containing the date and issue of the Trade Registry Gazette in which conversion is
published,
c) For the then current status, the certificate of trade registry which also includes the person or persons
authorized to represent,
d) For the purposes of joint-stock companies, original copy of the declaration of Turkish Identity
Number and criminal record of the board members and persons who are authorized to represent the
company, and for the purposes of other companies, of all partners and the persons who are authorized
to represent the company.
e) The list of signatories authorized to represent the legal entity,
f) On the basis of the values referred to under Article 29, the original copy of the guarantee for
establishment in such amount as referred to under Article 30.
Change of Shareholders or Board of Directors
ARTICLE 27 (Amended – O.G.: 19.3.2010 – 27526 / article 14) (1) In the case of change of
shareholders or board of directors, the travel agent shall apply to TURSAB along with the following
documents.
a) Letter of Application,
b) The declaration containing the date and issue of the Trade Registry Gazette in which, for the
purposes of joint-stock companies, the change of board of directors, and for the purpose of other
companies, the change of board of shareholders are published,
c) For the then current status, the certificate of trade registry which also includes the person or persons
authorized to represent,
ç) For the purposes of joint-stock companies, original copy of the declaration of Turkish Identity
Number and criminal record of the board members and persons who are authorized to represent the
company, and for the purposes of other companies, of all partners and the persons who are authorized
to represent the company.
d)The list of signatories authorized to represent the legal entity.
Merger
ARTICLE 28 (Amended – O.G.: 19.3.2010 – 27526 / article 15) (1) In the case of merger, the travel
agent shall apply to TURSAB along with the following documents.
a) Letter of Application,
b) The declaration containing the date and issue of the Trade Registry Gazette in which the former and
new trade name of the agent is published,
c) For the then current status, the certificate of trade registry which also includes the person or persons
authorized to represent,
ç) The letter of undertaking regarding the agent title as provided in Annex-1,
d) For the purposes of joint-stock companies, original copy of the declaration of Turkish Identity
Number and criminal record of the board members and persons who are authorized to represent the
company, and for the purposes of other companies, of all partners and the persons who are authorized
to represent the company.
e) The list of signatories authorized to represent the legal entity,
f) If the merger resulted in the change of trade name; on the basis of the values referred to under
Article 29, the original copy of the guarantee for establishment in such amount as referred to under
Article 30.
(*)The phrase “Status” in the title of PART FIVE was amended as “Conversion” pursuant to the
provision made by Article 7 of the Regulation published in the Official Gazette (O.G.) no. 27526,
dated 19.3.2010, and included in the text.
PART SIX
Matters relating to
Guarantee
Guarantee for
Establishment
ARTICLE 29 – (1) Except for the obligations regarding the services as will be provided to customers
and transport firms to which they will sell their tickets and for the obligations under the scope of
insurance limit, travel agents and branches shall be obliged to fulfill all of their obligations arising
from all travel agent transactions, on the basis of the values referred to under Article 34 of the Public
Procurement Law 4734, to provide such an amount of guarantee as defined under Article 30
depending on the category of the travel agent as a security for the obligations and for the purpose of
payment to the concerned parties by conversion into money by the Ministry in case of failure to fulfill
such obligations, and to complete it within thirty days should the amount of guarantee reduce.
(2) If guarantee shall be provided in form of a letter of guarantee, definite letter of guarantee unlimited
in time must bear the title of agent and the original copy thereof must be submitted to the Ministry.
(3) The guarantees to be provided other than letters of guarantee shall be paid to Ministry’s Central
Accounting Unit or to the Ministry Central Accounting Unit through the agency of accounting units of
provincial or county General Budget Offices.
(4) In respect of guarantees, the matters about which no provision is contained hereunder shall be
governed by the Law 4734 and relevant regulations.
(5) In cases where the application of the travel agent is not found appropriate, the guarantee shall be
returned by the Ministry.
Amount of Guarantee
ARTICLE 30 – (1) The amounts of guarantees to be created on the basis of travel agent categories are
specified below.
a) Seven thousand New Turkish Liras for travel agents falling into category A,
b) Six thousand New Turkish Liras for travel agents falling into category B,
c) Five thousand New Turkish Liras for travel agents falling into category C,
(2) For each branch, some 5% of the amounts referred to in the first paragraph shall be collectible.
(3) Where the Ministry deems necessary, the amounts of guarantee shall be increased and applied at
such a rate equivalent to the revluation rate determined and announced pursuant to the duplicate
Article 298 of the Taxt Procedure Law no. 213, dated 4/1/1961.
Guarantee in the case of Cancellation or Revocation of the Operating License
ARTICLE – (1) In case the operating license of the travel agent is cancelled by the Ministry or revoked
due to the request of the relevant party or due to bankruptcy, the guarantee for establishment shall be
retained by the Ministry for the purposes prescribed under the Act, for a period of one year as of the
date of cancellation or revocation of the operating license. The guarantee shall be returned at the end
of one year if not setoff is required. The Status of Creditors in Respect of Guarantee
ARTICLE 32 – (1) Where, due to the debts of the agent under the scope of point (e) of the Article 10
of the Act, the debt enforcement office requires the compensation of the receivables of the real or legal
creditors of the agent by and with the use of guarantee for establishment of the agent, the Ministry
shall ensure the payment of such amount through the guarantee and shall advise the same to the travel
agent.
(2) The guarantee for establishment may not be transferred, pawned or seized due to another
receivable other than liabilities.
Guarantee in the Case of Reduction of Guarantee Amount, and of Change of Category
ARTICLE 33 – (1) In the case of change of category, if there is any guarantee difference between two
categories, which need to be returned, such difference shall be retained by the Ministry for a period of
one year, and the guarantee shall be returned at the end of one year if no setoff is required.
(2) In the case of guarantee reduction in any manner and reason whatsoever, the guarantee shall be
increased to the extent required within thirty days as of the notification by the Ministry.
PART SEVEN
Qualifications of Travel Agency Owner and Agent Personnel
Qualifications of a Travel Agency Owner
ARTICLE 34 – (1) The members of the board of directors and persons authorized to represent the in
joint-stock companies, and all shareholders and the persons authorized to represent the company in
other companies shall be required to meet the following qualifications.
a) To be over 18,
b) (Amended – O.G.: 19.3.2010 – 27526 / article 16) Even if the durations provided for under Article
53 of the Turkish Penal Code; to have not been sentenced to prison for a period of five years or longer
due to an offense committed on purpose or due to offenses against Public safety, offenses against
constitutional order or the functioning of this order, offenses against national defense, offenses against
state secrets and espionage, petty or major embezzlement, defalcation, bribery, theft, fraud, forgery,
breach of faith, fraudulent bankruptcy, bid rigging, rigging the performance of obligations, laundering
of asset values from the offense, smuggling or tax evasion,
c) To have satisfactory commercial standing,
Ç) To have not been penalized as per the provision of the Article 30 of the
Act. Qualifications of Travel Agent Personnel
ARTICLE 35 – (1) Travel agents shall employ at their parent office and at branch offices at least one
personnel meeting one of the following qualifications.
a) To have completed a vocational school, associate’s degree or bachelor’s degree in the field of hotel
management and tourism,
b) To hold an information office foreign language certificate of achievement,
c) To hold a Guide Certificate issued and granted by the Ministry.
(2) Those who hold an information officer certificate of achievement may be employed at category C
travel agents in substitution for the personnel having the qualifications referred to in the first point.
(3) Travel agency owners who meet the qualifications referred to in the first point and who actually
work in the agency shall be deemed an officer / employee of their agencies.
(4) (Amended – O.G.: 19.3.2010 – 27526 / article 17) Among the documents / certificates pertinent to
such employee as will be employed at the travel agencies, the original copy of the foreign language
officer certificate of achievement, the original or certified copies of other documents / certificates shall
be submitted to, and archived at, TURSAB. If the original copies are not submitted where it is
necessary to submit the original copies of such documents / certificates, after confirming faithfulness
of the document / certificate against the original copy thereof, the relevant officer shall write the name
and title, and so certify such documents / certificates.
(5) (Addition – O.G.: 19.3.2010 – 27526 / article 17) Travel agents shall be obliged to notify to
TURSAB any changes in respect of their personnel, and to submit relevant documents. PART EIGHT
Obligations of Travel Agents
Continuity of Qualifications
ARTICLE 36- (1) Travel agent must maintain its qualifications required to obtain license. (2)
(Addition – O.G.: 19.3.2010 – 27526 / article 18) If a travel agent lodges and application to change its
address written on the license, including the branches, the determination by the Ministry and TURSAB
that the agent does not operate at the new address shall be considered as the loss by the agent of its
qualifications to qualify for a license.
Obligation to Hang Travel Agent Operating License
ARTICLE 37 – (1) The travel agent operating license must be hanged at the parent office and branches
of the agent, at a visible point, for the purpose of avoiding activities by unlicensed agents, ensuring the
information of tourists and providing ease of audit.
(2) (Amended – O.G.: 19.3.2010 – 27526 / article 19) Travel agent may not carry on business as a
travel agent at its new address prior to the finalization of its request for change of address, including
the branches thereof. Travel Agent Plaque and Obligation to Hang It
ARTICLE 38 – (1) Travel agents must hang the travel agent plaque issued by TURSAB with
impressed stamp which contains travel agent’s title, operating license number and its registry with
TURSAB as a member, at parent office and branches, at a visible place, for the purpose of avoiding
activities by unlicensed agents, ensuring the information of tourists and providing ease of audit.
Obligation to Provide Required Information and Documents / Certificates
ARTICLE 39 – (1) It is mandatory that the information and documents / certificates relating to the
matters referred to under this Regulation be made available to auditors when so requested.
Documents / Certificates that must be available during Tours and Package Tours
ARTICLE 40 – (1) A travel agent must have the following documents during a tour and package tour.
a) TURSAB-certified copy of the travel agent operating license,
b) The list of customers in the tour or package tour,
c) TURSAB vehicle license,
ç) Copy of the agreement if the vehicle is rented by the travel agent,
d) Tour or package tour program which also specifies the point of start,
e)Copy of the compulsory insurance policy certificate
for package tour. Documents that must be kept at
Transfer Vehicles
ARTICLE 41 – (1) During a transfer activity by the transfer agent, the transfer personnel must hold the
following documents / certificates.
a) TURSAB-certified copy of the travel agent operating license,
b) The list of passengers being transferred,
c) TURSAB vehicle license,
ç) Identity card of the transfer personnel,
d) Copy of the agreement if the vehicle is rented by the travel agent.
Qualifications of Transfer Personnel
ARTICLE 42 – (1) During a transfer activity, the transfer agent must make available such personnel
who meet the following qualifications.
a) To be over 18,
b) To be a graduate of at least primary or secondary school,
c) To hold the transfer personnel identity card issued and given by TURSAB. Qualifications for
Tourist Transport Vehicles
ARTICLE 43 (1) While the travel agent carries on its business activities, the passenger transport
vehicles to be used for transfers, tours and package tours, the following qualifications shall also be
sought in addition to the ones prescribed in the applicable legislation:
a) Air conditioner, heating and cooling equipment,
b) Audio system,
c) Clean and orderly decoration.
d) Compulsory Insurance
ARTICLE 44 – (1) Travel agents shall be obliged to take out a compulsory insurance policy during
package tours and, prior to the start of package tour, to provide the customer with a copy of the
package tour compulsory insurance policy and the package tour agreement which also contains the
compulsory conditions referred to under the Consumer Protection Act 4077, dated 23/2/1995 and
Article 5 of the Regulation on the Principles and Procedures of Package Tour Implementation
Agreements as published in the Official Gazette no. 25137, dated 13/6/2003.
(2) The copy of the agreement and certificates retained by the travel agent must include a signed
declaration that a copy thereof has been provided to the customer. If the customer purchased the
package tour for others, the agent shall be obliged to provide the documents referred to under
paragraph one. Written and Visual Materials for Promotional Purposes
ARTICLE 45 – (1) The local representatives of Turkish Union of Chambers and Exchange
Commodities and Union of Chamber of Merchants and Craftsmen shall submit to the Provincial
Directorate of Culture and Tourism the written or visual material they will prepare for promotional
purposes to submit the same to travel agents which organize tours or package tours, each year until the
end of November.
(2) In provinces, the visual materials prepared by a commission chaired by the Governor, consisting of
one representative of Provincial Directorate of Culture and Tourism, TURSAB and relevant
professional organizations shall be evaluated until the end of January of each calendar year.
Commissions shall convene, and take its decisions by simple majority. In case of equality of the votes,
the resolution shall be adopted by the casting vote of the chairman. The materials deemed appropriate
by the commission shall be distributed to tourists by travel agents.
(3) The costs to arise with respect to the preparation, distribution, presentation of written or visual
materials, any and all costs shall be covered by the relevant professional organizations wishing to
distribute the material. PART NINE
Information Officer Exams
Launching Exams
ARTICLE 46 (1) The exams for information officer certificate of achievement and information officer
certificate of foreign language shall be organized and conducted by TURSAB.
Notices
ARTICLE 47- (1) The date, place and principles of the exam shall be announced on one of tree
newspapers with highest circulation in Turkey, at least thirty days prior to the date of exam. Course
ARTICLE 48 – (1) For candidates wishing to take the exam, a course shall be organized by TURSAB
during which basic tourism and travel agency information shall be taught in the city, where the exam
will be conducted.
Combined Conduct of Exams for Information Officer Certificate of Achievement and Certificate of
Foreign Language
ARTICLE 49- (1) The candidates failing in the information officer exam may not take the exam for
information officer certificate of foreign language.
Conduct of Exams
ARTICLE 50 (1) Exam committee shall be composed by TURSAB.
(2) Exam supervisors shall be appointed by TURSAB.
(3) A separate committee may be created for foreign language
exam. Type of Exam
ARTICLE 51- (1) Information officer and information officer foreign language exams shall be
conducted in written form on subjects stated in the notice, and the information officer foreign langue
exam shall be conducted in written and oral form. Evaluation of Exam Results
ARTICLE 52 – (1) Information officer and information officer foreign language exams shall be
evaluated separately. Scoring System
ARTICLE 53- (1) The exam evaluation shall be performed out of 100 points. The level of
achievement for information officer exam is at least 70 points.
(2) The information officer foreign language exam shall be evaluated out of 25 points for translation
from Turkish, 25 points for translation into Turkish and 50 points for oral exam. The candidate must
achieve at least 70 points in this exam. Certificate of Achievement
ARTICLE 54 – (1) The successful candidates shall be granted an information officer certificate of
achievement and information officer certificate of foreign language which bears TURSAB’s
certification, for the exam they succeeded.
PART TEN
Miscellaneous and Final Provisions
Audit of Activities
ARTICLE 55- (1) The authorities of the Ministry and TURSAB shall audit whether the qualifications
sought for the business place of the travel agent are maintained and whether activities are in
compliance with the legislation and relevant professional principles.
Repealed Regulation
ARTICLE 56- (1) The Regulation on Travel Agents as published in the Official Gazette no. 22747,
dated 4/9/191996 was abolished. Transfer of License
PROVISIONAL ARTICLE 1 – (1) Applications to transfer the operating license of travel agencies
owned by real persons to legal entities shall be evaluated, for once only, if the application is lodged
until 13/1/2009. Change of Guarantee
PROVISIONAL ARTICLE 2- (1) The travel agencies established prior to 13/1/2007, being the date of
effect of Law of Intellectual Property Rights no. 5571, dated 28/12/2006, Travel Agents and
Association of Travel Agents Act, the Law for the Encouragement of Tourism and the Law on
Amending Certain Acts, shall be obliged to provide the Ministry with the guarantee mentioned in the
point (e) of the Article 10 of the Act within two years as of the date of effect of this Act, in accordance
with the principles prescribed in the applicable articles of the Regulation. When the said guarantee is
provided, the existing guarantee retained at the Ministry shall be returned. Change of License
PROVISIONAL ARTICLE 3-(1) The travel agents holding a temporary operating license for travel
agents under Category A on 13/1/2007, being the date of effect of the Act no. 5571 shall be deemed to
have passed to the operating license for travel agents under Category A. By the completion of the
guarantee for establishment pursuant to provisional article 2, the licenses shall be renewed.
Satisfaction of the Qualifications Sought for Business Places
PROVISIONAL ARTICLE 4-(1) The travel agents certified at the date of publication of the
Regulation shall satisfy the qualifications as referred under point (ç) of the first paragraph of the
Article 17 within six days as of the date of effect of the Regulation. Governing Legislation
PROVISIONAL ARTICLE 5 (1) Any kind of applications made prior to the date of effect of this
Regulation shall be governed by, and subject to, the provisions of legislation in effect at the date of
application.
Effect
ARTICLE 57 — (1)This Regulation shall take effect on the date of
publication. Execution
ARTICLE 58 – (1) This Regulation shall be executed by the Minister of Culture and
Tourism. ANNEX -1
LETTER OF UNDERTAKING REGARDING THE TITLE OF THE AGENCY
We hereby agree and undertake that, if the title of the travel agency is discovered by
the Ministry to have the same title with any title of an existing travel agency or a
facility holding a tourism operating license, which title has previously registered at any
registry office, or to have the nature to lead to confusion with any one of such titles, we
shall, unconditionally, change the travel agency title with another title also acceptable
to the Ministry and if we fail to take necessary actions within thirty days as of the
announcement of the same by the Ministry, we understand that our failure to comply
with the said obligation shall mean misleading actions.
Signature – Name of the person authorized
to Represent – Stamp
Annex-2 (Amended – O.G.: 19.3.2010 –
27526 / article 20)
DECLARATION OF TURKISH IDENTITY NUMBER AND CRIMINAL RECORD
a) For Turkish Subjects:
Turkish Identity Number :
Name and Surname :
Mother’s Name :
Father’s Name: :
Place of Birth :
Date of Birth (Day/Month/Year):
Place of Registry:
(Province, County, Street-Village)
I hereby declare and undertake that I meet the qualifications referred to under Article 8 of the
Travel Agents and Association of Travel Agents Act 1618, and that I shall provide information in case
any such qualifications change.
Date – Signature – Name
b) For Foreign Subjects:
Name and Surname :
Place of Birth :
Date of Birth (Day/Month/Year):
I hereby declare and undertake that I meet the qualifications referred to under
Article 8 of the Travel Agents and Association of Travel Agents Act 1618, and that I shall
provide information in case any such qualifications change.
Date – Signature – Name
Unofficial Translation
Kaya & Partner Hukuki Danışmanlık
Lawyers – Rechtsberatung
Istanbul / Turkey