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LAW OF OBLIGATIONS
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authorities without considering the characteristics”
. By this provision,
the contracts of the services rendered by the governmental entities, also,
become subject to the GTT assessment provided by NCO.
In lieu of the terms which become invalid as a result of the restriction
which is identified as “being non-written” in NCO, the provisions of
related laws will be applicable.
Validity Assessment
Validity assessment is for determining in what conditions and which
of the GTT fall under the contract.
In accordance with article 21 of NCO, in order for the GTT fall under
the contract, it is necessary for the party who prepared the contract to give
clear information to the other party regarding the existence of these terms,
to provide the opportunity to the other party for learning the content of
these terms and it is also necessary that the other party accepts such terms.
In addition, the contract should not contain terms and conditions which
are unfamiliar to the composition of the contract and the characteristics
of the actions subject to the contract.
In the event of breach of the above provisions, the relevant GTT are
deemed as not-included in the contract as invalid terms.
In addition to article 21, article 24 of NCO sets forth a special provision
applicable to a special type of GTT. According to this, in a contract which
contains GTT or in a separate contract, the terms, which gives the party
who prepared the contract the right to unilaterally amend and modify the
terms and condition or to embed new terms and conditions in the contract
which contains GIK that are disadvantageous for the weaker party, are
deemed as not-included in the contract.
As per article 22 of NCO, in the event that some terms are deemed
as not-included in the contract according the above restriction, the other
terms of the contract will keep their validity. The party who prepared the
contract cannot claim that it would not sign the contract if the contract
does not include these terms.
In addition to the above issues, the rules, binding on the consumers
as per Act nr. 4077 for GİK to be written in 12 font or applicable to some