Shopping, Vehicle and Holiday Disputes in 8 Questions — Atty. Gizem Gonce

If there is a defect arising from the production, assembly, or delivery stage in a vehicle purchased as zero kilometers, the consumer can use their optional rights within the scope of Law No. 6502.

The consumer can request the appropriate one of the rights of withdrawal from the contract, price reduction at the rate of the defect, free repair, or replacement with a non-defective equivalent if possible. The nature of the defect, time of emergence, warranty conditions, and technical review results are important. Not every malfunction occurring in the vehicle is considered a production error. Therefore, service records and expert review carry great importance.

In second-hand vehicle sales, if a defect that the buyer did not know at the time of purchase and could not easily notice with an ordinary examination emerges later, the seller's liability for warranty against defects may come into question.

Whether the seller is a merchant or a business acting for commercial or professional purposes, whether the sale qualifies as a consumer transaction, and whether the buyer knew about the defect are important. The buyer must notify the seller without delay when they learn about the defect and preserve the evidence. Expertise report, service records, and technical review are important in this process.

In purchases made over the internet, the seller must deliver the product within the agreed period. Law No. 6502 and the Regulation on Distance Contracts apply to consumer transactions.

If the product is not delivered, the consumer can request the performance of the contract or, depending on the conditions, withdrawal from the contract and the refund of the price paid. Correspondence with the seller, order number, payment receipt, and delivery information must be kept. Depending on the monetary value of the dispute, applying to the consumer arbitration committee or consumer court may come into question.

The ability of banks to collect fees from their customers depends on the relevant banking legislation, the type of fee, and contractual conditions. It is not correct to say that every fee in banking transactions is unlawful.

It is necessary for the consumer to know what service they are paying a fee for, for the fee to be clearly determined, and to be collected in accordance with the legislation. The consumer can apply to the bank against deductions that are unlawful or have no basis in the contract. If no result can be obtained, applications can be made to the relevant authorities depending on the nature and monetary limit of the dispute.

In the event that the same or a different malfunction reappears in a vehicle repaired within the scope of warranty, the consumer's rights are evaluated according to the nature of the malfunction and warranty conditions.

If the right to free repair has been used within the scope of Law No. 6502, the use of other optional rights may come into question if the repair is not carried out properly or if the malfunction repeats. Service records, work orders, malfunction detection reports, and repair dates must be kept. It is important for the consumer to notify the problems they experienced while delivering their vehicle in writing in terms of proof.

There are special regulations in timeshare and holiday club contracts in order to protect the consumer. Depending on the legal nature of the contract, the right of withdrawal, withdrawal from the contract, and termination possibilities may come into question.

Especially in holiday club contracts, the consumer's 14-day right of withdrawal is important. However, every contract does not fall into the same legal category. Whether the contract is a timeshare, holiday club, personal right, or another usage model must be examined. Citizens must not think that the contract has ended just by stopping to pay dues.

In the event of the cancellation of a holiday reservation, the right to a refund is determined according to the type of contract, the reason for cancellation, and the obligations of the parties.

Reservations cancelled by the consumer at their own request and the business being unable to provide the service do not produce the same legal result. Special provisions can apply to package tour contracts. Force majeure, cancellation conditions in the contract, and the nature of the service offered to the consumer are important. Consumers must keep their reservation documents, payment records, and cancellation correspondence.

If the residence purchased from the construction company does not bear the specifications specified in the contract, has missing manufacturing, or is technically defective, defective goods or defective service provisions may come into question.

The consumer can benefit from the rights of free repair, price reduction, withdrawal from the contract, or replacement with a non-defective equivalent according to the conditions. The nature of the defect and its effect on the use of the residence must be revealed by technical examination. The delivery report, contract, project, and building records are important evidence.