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NEWSLETTER 2011
252
• The banks are not considered as institutions for providing public
services but institutions for making profit. Hence, the agreement
between the banks and Consumers may not be accepted as
“participation agreements”. Accordingly, the banks may claim a
fee for their service.
• Besides, using of credit cards results also in risk and cost for the
banks. Thus, it is usual that the risk and the cost may be reflected
to the Consumer.
As a result, termination of the agreement and transaction for blocking
the credit card for use shall be evaluated within the framework of freedom
of contract and the Bank may not be obliged to conclude this agreement
in the situations where the Consumer is not willing to pay the credit card
fee and in particular when the agreement does not contain any stipulation
that the credit card fee cannot be charged to the Consumer.