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Provisions regarding Defective Services in the Law on
Consumer Protection No. 6502
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Att. Pelin Baydar
Defective service is regulated between Articles 13 and 16 in the
Law on Consumer Protection No. 6502 (“Law No. 6502”), which was
published in the Official Gazette dated 28.11.2013 and numbered
28835, and which will enter into force six months after its date of pub-
lication.
The Definition of a Defective Service
Article 13 of Law No. 6502 defines defective service. Pursuant to
this Article, a defective service is the provision of a service that is not
in accordance with the contract due to incompliance with the inception
of the service, or non-possession of the characteristics the parties
agreed that the service must objectively possess.
Pursuant to said article, services which do not possess the charac-
teristics described on their internet portal, or in its commercials and
advertisements provided by the service supplier or services which con-
tain material, legal or economic deficiencies reducing or destroying its
value or the reasonable benefits expected by the consumer with respect
to the purpose of utilization are also deemed to be defective.
Liability for Defective Service
Article 14 of Law No. 6502 governs liability for defective service.
The first paragraph sets forth that the supplier shall execute the service
in accordance with the contract. The second paragraph of the article
outlines the possibility for the supplier to avoid such liability. In accor-
CONSUMER LAW
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Article of February 2014