Subscription Contract
Also known as: Subscription, Membership, Subscription Cancellation, Commitment Subscription, Abonelik Sözleşmesi
Author Ali Gül
In short
A contract under which goods or services are provided regularly and continuously for a fixed or indefinite term; consumers may terminate indefinite-term subscriptions, or fixed-term ones longer than a year, without reason or penalty, and termination may not be made harder than signing up.
A subscription contract is a contract under which goods or services are provided regularly and continuously for a fixed or indefinite term. Consumer subscriptions are governed by Article 52 of Law No. 6502 and the Subscription Contracts Regulation. Digital platform memberships, software subscriptions, gym memberships and regularly delivered products fall within this scope.
The Consumer’s Right to Terminate
The consumer may terminate an indefinite-term subscription, or a fixed-term subscription longer than one year, at any time without giving reasons and without paying a penalty. Termination takes effect when the notice reaches the provider.
Easy Termination
The seller or provider may not require a method of termination more difficult than the method of conclusion. A subscription concluded online must be terminable online, and one concluded in an app must be terminable in the app. Designs making cancellation complex are also considered dark patterns.
Commitment Subscriptions
For subscriptions discounted in return for a commitment to continue for a certain period, recovery of the discount given is possible if the consumer terminates early. The amount may not exceed the total discounts given and may not amount to a penalty; sectors such as electronic communications have additional limits.
Price Changes
In fixed-term subscriptions, changing the price to the consumer’s detriment during the term is problematic unless expressly provided in the contract. In indefinite-term subscriptions, changes should be notified in advance and the consumer given the right to terminate without penalty; otherwise the clause may be an unfair term.
Renewal
Fixed-term subscriptions may not automatically extend at the end of the term; extension requires the consumer’s request or consent; see Automatic Renewal. For subscriptions concluded online, distance contract rules and the right of withdrawal also apply.
Frequently Asked Questions
Can cancellation require calling customer service?
The seller or provider may not require a method of termination more difficult than the method of conclusion. Allowing a subscription concluded online to be cancelled only by phone may breach this rule.
What can be claimed from a consumer ending a commitment subscription early?
Recovery of the discount given in return for the commitment is possible. However, the amount claimed may not exceed the total discounts given and may not amount to a penalty; additional limits in sector rules must also be considered.
Related Services
Publications in this area
- The Guide on Consumer Reviews Has Been Published! 21.09.2023
- E-Commerce Regulations Published! 02.01.2023
- The Innovations Introduced to the E-Commerce Law and Their Potential Effects on the E-Commerce Sector 02.12.2022
- Changes Made in Discount Sales Advertisements and Commercial Advertising Regulations 02.03.2022
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