law consultancy office
t&p hukuk danışmanlık bürosu | tüketici hukuku danışmanlığı

tokbaş & partners

consumer law in transport sector

for companies :

for persons :

Transport Sector was previously included in the commercial law like insurance sector and then included in the scope after new consumer law no. 6502,  Passenger transport on air, road and sea are now completely included in the scope of consumer law. Therefore, all conflicts due to transport agreements printed in small letters at the back of tickets, or issues experienced in transport services, canceled travels, damaged or lost baggage, or delayed transport services are now  resolved at consumer courts based on the basic principles and dynamics of consumer law. Thus, both transport companies and consumers receiving the transport service must be familiar with the consumer law relevant to this sector.

 

tokbaş & partners provides consumer law service to transport companies and other companies and persons engaged in the transport sector thanks to its command of consumer law in the transport sector.   These services are detailed individually for companies and persons. We also defined individual subcategories for our services for companies, namely “protective/preventive advocacy, process consultancy and official attorneyship” Services offered by tokbaş & partners in this area can be detailed as follows: 

 

Protective / Preventive Advocacy Services:

 

1.       Conduct trainings for company managers and relevant personnel on "consumer law and practices in transport sector"

2.      Organize consumer law training for company branches and provide personnel training across Turkey

3.      Draft transport agreements subject to the field of Consumer Law as per the legislation and practices

4.      Draft transport sector documentation used in consumer transactions as per the legislation and practices

5.      Provide opinions and create legal reports on new transport sector practices

6.      Ensure legal control of trade advertisements and announcements prior to publication as per consumer and advertisement legislation as well as administrative practices

7.      Ensure legal control of commercial practices under the scope of  the provisions relating to "unfair commercial practices"

8.      Due diligence

9.      Legislation review and weekly legislation report on the transport sector

10.    Review the decisions of administrative and regulatory committee; weekly report on the decisions of administrative and regulatory committee related to transport sector

 

 

Process Consultancy Services:

 

1.       Monitor transport agreements and express opinions on contractual discrepancies

2.      Monitor transport sector practices and other documents and express opinion on the discrepancies resulting therefrom

3.      Express opinion on discrepancies relating to trade advertisements and announcements

4.      Express opinion on the resolution of issues encountered in consumer law legislation

5.      Give response to requests for verbal and written legal opinion

6.      Take initiatives and express opinion required for resolution of differences in interpretation or problems resulting from consumer law between relevant administrative bodies and the company

7.      Provide mediation-reconciliation services between the company and consumers

8.      Establish and maintain a consumer compliant hotline

9.      Create templates for pleas to be written to Consumer Courts and Consumer Arbitration Boards considering different problems and possibilities

10.   Control and compliance check for the pleas written to the attention of Consumer Courts and Consumer Arbitration Boards

11.    Control and compliance check for the pleas to be written and documents to be submitted about consumer law to administrative bodies

12.   Management of the process of inspector audit by the Ministry of Customs and Trade

 

 

 

 

Official Attorneyship Services:

1.       Ensure representation of the company and follow-up of its files at Consumer Arbitration Boards

2.      Ensure representation of the company and follow-up of its files at Consumer Courts

3.      Ensure representation of the company and follow-up of its files at administrative bodies

4.      Actions for nullity for administrative fines imposed as part of  TKHK

5.      Follow-up of company's debts and receivables

 

 

 

 

 

1.       Follow-up of lawsuits arising from airline transport

2.      Follow-up of lawsuits arising from road transport

3.      Follow-up of lawsuits arising from railway transport

4.      Follow-up of lawsuits arising from sea transport

5.      Lawsuits for monetary and spiritual damages arising from accidents involving transport vehicles

6.      Follow-up of lawsuits arising for damage indemnity due to delayed or canceled transport service

7.      Follow-up of lawsuits arising from damaged or lost luggage

8.      Lawsuits for monetary and spiritual damages arising from defective transport service

9.      Claims for damages arising from acts in breach of competition law in the transport sector

10.   Claims for damages arising from manipulative ads and unfair commercial practices in the transport sector