What Are Defective Service Claims in Turkey?

Where a service is not performed as agreed in the contract or as promised in advertising, the consumer is granted the optional rights provided by law and, where applicable, the right to claim damages.

The Concept of a Defective Service

Under Article 13 of Law No. 6502, a defective service is one that is contrary to the quality announced by the provider in advertisements, or to the quality or quantity affecting quality set out in a standard or technical rule, and that reduces or eliminates the benefit the consumer could reasonably expect.

The Consumer's Optional Rights

Faced with a defective service, the consumer may choose among having the service performed again, free repair of any work product resulting from the service (where possible), a price reduction, or withdrawal from the contract. Because a service generally cannot be returned in kind, price-reduction and damages claims are common in practice.

The Provider's Liability and Strict Liability

Where the consumer suffers harm due to defective performance of a service, the provider is obliged to remedy that harm. Liability for the defect generally arises regardless of the provider's fault; the provider can only be released from liability by proving the harm arose from a cause outside their fault.

Limitation Period

Claims arising from liability for a defective service are subject to a two-year limitation period running from performance of the service; this period continues to run even if the defect appears later. A provider who knowingly conceals the defect cannot rely on this period.

Common Areas of Dispute

In practice, defective-service disputes frequently arise in areas such as renovation work, transportation, wedding organisation, education and healthcare. In these areas, concretely documenting the outcome of the service (photographs, contracts, correspondence) is decisive for proving the defect.

Practical Recommendations

As soon as you notice a service has been performed defectively, notify the provider in writing and, where possible, document the defect with photographs or video. If your claim amount is below the monetary threshold, you must first apply to the consumer arbitration board.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.