Defective Services

Also known as: Service Provider Liability, Defective Service Liability, Ayıplı Hizmet

In short

Services that do not conform to the characteristics agreed in the contract or that the service should objectively have, or to features stated in advertising and promotion; the consumer may request re-performance, free repair, price reduction or withdrawal.

Under Article 13 of Law No. 6502, a defective service is a service that does not conform to the contract because it lacks the characteristics agreed or that it should objectively have. Non-conformity with characteristics stated in the provider’s instructions, website or advertising is also a defect. All services offered to consumers, such as delivery, installation, repair, training, tourism, digital platforms and subscriptions, fall within this scope.

Elective Rights

A consumer receiving a defective service may choose:

Re-performance of the service without a refund,
Free repair, depending on the nature of the service,
A price reduction proportionate to the defect,
Withdrawal from the contract.

The provider must fulfil the remedy chosen. If re-performance or repair is not carried out within a reasonable time, the consumer may exercise the other rights. In addition, the consumer may claim compensation for loss caused by the defective service.

Limitation

Liability for defective services is generally subject to a two-year limitation period from performance. If the defect was concealed by gross negligence or fraud, the limitation period does not apply.

Digital Services

Digital services such as cloud services, online platform memberships and software services are also subject to the defective service rules. Digital services that fail to deliver promised functions, are frequently interrupted or lack advertised features may be defective. Service descriptions and availability commitments should therefore be realistic.

Difference from Defective Goods

Sales of goods have special rules such as the presumption that defects appearing within six months existed at delivery and the thirty-working-day repair period; see Defective Goods. Disputes are resolved by the consumer arbitration committee or the consumer court depending on value.

Frequently Asked Questions

What if a service is partly defective?

The consumer may request a price reduction proportionate to the defect or re-performance of the service. If the defect removes the expected benefit entirely, withdrawal may also be exercised.

Can we also claim damages for a defective service?

Yes. Alongside the elective rights, the consumer may claim compensation for loss caused by the defective service under the general rules.

← Glossary A–Z