Unfair Contract Terms

Unfair terms are governed by Article 5 of Law No. 6502 and the Regulation on Unfair Terms in Consumer Contracts. Contract terms included without negotiation with the consumer that, contrary to good faith, cause an imbalance in the parties’ rights and obligations to the consumer’s detriment are unfair and null and void.

Non-Negotiated Terms

Terms drafted in advance whose content the consumer cannot influence are deemed not negotiated. Website user agreements, distance sales contracts, subscription and loan contracts are of this nature. A seller claiming a term was negotiated must prove it.

Common Unfair Terms

• Clauses giving the seller the right to change the contract unilaterally without reason,
• Clauses restricting statutory withdrawal or defect rights,
• Exclusion clauses removing the seller’s liability entirely,
• Jurisdiction or arbitration clauses to the consumer’s detriment,
• Disproportionate penalties and clauses making termination by the consumer difficult; see Subscription Contract,
• Clauses giving the seller a unilateral right to raise prices without giving the consumer a right to terminate.

Clarity and Interpretation

Contract terms must be clear, intelligible and legible. Unclear terms are interpreted in the consumer’s favour. The nullity of an unfair term does not affect the validity of the rest of the contract.

Enforcement

The Ministry of Trade may impose administrative sanctions for use of standard contracts containing unfair terms; the consumer may invoke a term’s nullity in an individual dispute before the consumer arbitration committee or consumer court. In business relationships, the Turkish Code of Obligations’ provisions on standard terms (Articles 20–25) provide similar protection.