Holiday contracts are divided into four types (TKHK. Article 50/IV). These:
1) Timeshare contracts,
2) Long-term holiday service contracts,
3) Exchange contracts,
4) These are holiday contracts for resale (resale contracts in which the seller or provider assists the consumer in buying and selling timeshare or long-term holiday service).
There are two contract periods in holiday contracts. The short one indicates the holiday period in days, weeks and years, and the long one indicates the holiday period. In terms of holiday contracts, it is required that the long term be more than one year, and in terms of short term, at least one night’s stay: It is prevented that the real timeshare right is decided for less than 15 days (Condominium Law no. 634, article 59). However, this period was changed to 7 days by Law No. 7392 and this provision came into force on the date of publication of the Law. The term timeshare contracts is used in a broad sense and includes both personal right timeshare contracts and timeshare contracts.
Whether the right provided by timeshare contracts is a personal or in-kind right does not prevent the application of this article. All kinds of timeshare products that provide overnight accommodation are considered within this scope. Sellers who will sell timeshares are required to have in-kind rights on the property subject to timeshare. (2) Timeshare rights cannot be granted through membership in a cooperative or commercial company, association or foundation. (3) Except for contracts granting timeshare rights, timeshare contracts providing real rights based on ownership shares cannot be established with consumers. (4) Prepaid timeshare contracts cannot be established with consumers, including contracts granting timeshare rights. (5) Timeshare contracts providing personal rights cannot be established for more than ten years. The right to benefit from this structure or independent section at certain periods of the year in favor of each of the joint owners of a building or independent section suitable for use as a residence can be established as an easement based on a joint ownership share. This right is called timeshare right.”
• There are different aspects of timeshare and timeshare. These differences can be listed as follows:
-The word timeshare is actually a definition that includes personal rights (rights to receivable). Timeshare, on the other hand, is a right that includes the same right (long-term easement – limited in rem right close to ownership).
– While written form is sufficient for a timeshare contract, the real timeshare is officially established in the title deed. There are no clear rules regarding timeshares outside of consumer law; Therefore, the timeshare contract is subject to the provisions of private law contracts (TBK 1 et seq.) that give rise to receivables within the scope of general provisions. Timeshare contracts are regulated under Articles 57-65 of the Condominium Law No. 634 (TSY. Art. 4/ç). The real timeshare right is officially registered in the title deed as a real right of not less than 7 days. If the parties talk about timeshare rights for less than 7 days and outside the title deed, it is more accurate to understand this as “timeshare”. In this case, in terms of real timeshares, the provisions of Law No. 6502 will be applied, provided that the consumer constitutes one party of the contract, and this Law can also be applied to timeshare contracts, which are called timeshares and which are not actually established in the title deed, giving rise to a right to receivable (personal right). A timeshare contract consists of a periodic framework period (which must be at least one year) and a concrete holiday period that provides accommodation for a periodic period (one or more nights) (in practice it is generally at least a week long, but may also be daily). ) is the contract containing. A timeshare contract, on the other hand, is a contract that provides accommodation for a periodic period (at least 7 days), including a framework period (which must be at least one year, in practice 19, 29, 39.. year periods) and a concrete holiday period.
FORM REQUIREMENT: According to the Regulation, the seller or provider must provide consumers with a preliminary information form in writing or with a permanent data recorder at least one day before the contracts drawn up within the scope of this Regulation are established (TSY. Art. 5/I). In addition, the preliminary information form must be prepared in a clear, simple and readable manner, in an understandable language, with a font size of at least twelve points.
• The information in the preliminary information form (brochure) is binding for the entrepreneurs, and if the qualities promised in the brochure are not present or found to be incomplete, the entrepreneurs are responsible for defective goods/services (TKHK. It is clear that he can apply to the provisions of breach of contract (TBK. Art. 112 et seq.) if he wishes.
• In unusual and unforeseen situations that do not originate from the seller or provider and whose consequences cannot be prevented despite due care, the information contained in the preliminary information forms must be recorded in writing or in a permanent data storage device before the conclusion of the contract.
