235 / 391
LABOR LAW
221
services” issues are also regulated in the Regulation while there is no
disposition in the Former Regulation. The Regulation, which stipulates
that service should be uninterrupted, indicates that the operators can limit
or suspend the service in case of force majeure, in case of finding out an
unusually high level of use in order to protect the interests of consumers
and in case of existence of justified suspicions regarding the existence of
illegal or fraudulent activity.
According to the Regulation, the operators are liable for forming a
transparent, fast, and easily applicable method for dispute resolution with
the consumers. Furthermore, the consumers need to apply to operator for
their claims resulting from the services. If no solution can be reached
within the dispute resolution method set up by the operator, the consumer
can apply to the Institution.
The Regulation also stipulates with details the conclusion and breach of
subscription agreements, unfair clauses, and how they will be interpreted.
There are detailed articles in the Regulation as to which font size will be
used in the agreements andwhich clauses are compulsory. It is also indicated
that the agreements may always be examined by the Institution either on
its own or upon a request. The position of the Regulation against unfair
clauses is similar to the “Law Concerning the Protection of Consumers”.
As a result, according to the Regulation, unfair clauses are invalid, and it
is indicated that “interpretation in favor of consumer” is the basic principle
in the interpretation of the agreements.
In addition to this, the Regulation has explanations concerning
contravention of the good faith principle. According to article 17 with the
title of “unfair clauses and interpretation of an agreement”, a clause in
a subscription agreement is going to be accepted against the interests of
consumer and contrary to the good faith principle if the relevant clause is
contrary to the underlying rationale of the legal regulations from which it
differs or if the clause limits the rights and the obligations of the consumer
to the extent that it jeopardizes the aim of agreement. Furthermore, these
clauses will be considered invalid if they have an unusual character
according to the conditions and appearance of the contract to the extent
that they are so unusual that the consumer cannot be expected to obey
them. In addition, in Attachment-1 of the Regulation, some samples for
unfair clauses (not limited to those mentioned) are cited.