This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Devre Mülk ve Devre Tatil: Sözleşmeden Nasıl Çıkılır?.
A presentation at a holiday resort, refreshments, a price "available today only", and a contract signed on the spot. Most timeshare complaints follow the same script.
The law protects the consumer against this sales method: a fourteen-day right of withdrawal, and a prohibition on taking any payment during that period.
Timeshare Ownership and Holiday Timeshare
Timeshare ownership is a right in rem allowing use of a property in defined periods of the year, and it is registered in the land register. The deed shows the period and the share.
Holiday timeshare is a personal right to accommodation at a facility for a defined period; it is not attached to a title. It arises from the contract and is limited by it.
The distinction matters when a dispute arises: timeshare ownership brings actions for cancellation of the title deed and re-registration, while a holiday timeshare dispute is resolved under consumer law.
Both types of contract must be in writing and a copy given to the consumer.
The Fourteen-Day Right of Withdrawal
A consumer may withdraw from a timeshare or holiday timeshare contract within fourteen days, without giving a reason and without penalty.
The period runs as a rule from the date the contract was concluded. If the pre-contract information form was not given, or was incomplete, the period is extended — considerably so.
The notice of withdrawal must be given in writing or on a durable medium, and it must be possible to prove it was sent. In practice the safest routes are a notarised warning notice or registered post with acknowledgement; where e-mail is used, keep the transmission record.
It is enough that the notice was sent within the period; the date it reaches the other side does not cause you to miss it.
The Payment Ban — Your Strongest Card
The most effective protection the statute gives is this: before the withdrawal period expires, no payment of any kind may be demanded or taken from the consumer.
The ban is wide:
- Deposits, down payments, advance payments
- Reservation or file fees
- Taking promissory notes, cheques or other negotiable instruments
- Charging a credit card
If payment was taken at signature, or a promissory note was signed, that is a strong foundation for the consumer's case. Instruments taken are treated as invalid as against the consumer and their return can be demanded.
Where the sale was financed by a linked loan, withdrawal also brings the loan contract to an end; the consumer is not obliged to continue paying it.
If the Period Has Passed
Fourteen days having passed does not close every route. Grounds for invalidity or termination include:
- No pre-contract information given — the withdrawal period may be treated as never having begun.
- The facility is not as promised — construction unfinished, the advertised amenities absent — which engages the defective performance provisions.
- Unfair terms do not bind the consumer; unilateral increases in charges and excessive penalty clauses fall within this.
- Misleading sales. Where the contract was signed on false statements, the provisions on deception may apply.
- In timeshare ownership, where the title was never transferred, there is a breach of contract.
Continuing to pay the annual charges may be read as acceptance of the contract, so any objection should be recorded in writing.
Where to Apply
- Consumer arbitration committee. Application is compulsory for disputes below the monetary threshold. It is free and can be made through the e-government portal.
- Consumer court. Disputes above the threshold, and challenges to committee decisions. Consumer actions are exempt from court fees.
What to attach: a copy of the contract, the payment records, the notice of withdrawal and proof of sending, the promotional brochures and any correspondence.
A complaint of unfair commercial practice may also be made to the Ministry of Trade. That does not resolve the individual claim directly, but it opens an administrative sanction process.
The right of withdrawal is fourteen days. Send written notice within the period and keep proof of sending. If you were made to pay, or signed a promissory note, say so: no payment of any kind may be taken during the withdrawal period.
Frequently Asked Questions
How long is the withdrawal period?
Fourteen days, with no reason required. If the pre-contract information was not given, the period is considerably extended.
I paid during the withdrawal period. Can I get it back?
Yes. No payment of any kind may be taken before the period expires; anything taken can be reclaimed.
What happens to the promissory notes I signed?
Instruments taken during the withdrawal period are invalid as against the consumer and their return can be demanded.
Are timeshare ownership and holiday timeshare the same?
No. Timeshare ownership is a right in rem registered in the land register; a holiday timeshare is a personal right arising from the contract.
The period has passed. Is there nothing I can do?
There is. Termination or invalidity may be sought on the grounds of missing pre-contract information, defective performance, unfair terms or misleading selling.