A bill on foreign digital accommodation platforms, signed by AK Party lawmakers, was submitted to the Presidency of the Grand National Assembly of Türkiye. The bill aims to establish the procedures, principles, obligations and sanctions governing the activities of digital accommodation platforms based abroad in Türkiye.
Permits will be required to operate
Under the proposed regulation, foreign digital accommodation platforms will need to obtain a permit from the Ministry of Culture and Tourism to operate in Türkiye. Platforms operating under a permit will not be required to obtain any additional business or operating permit.
The permit fee will be set at 5 million lira. This amount will be increased at the beginning of each calendar year in line with the revaluation rate for the previous year. The president will be able to increase the fee by up to two times or reduce it by up to half. The fee will be deposited into the ministry's revolving fund account.
The permit will be valid for two years and will not be transferable. Applicants will be required to be liable for digital services tax, have no outstanding tax debt, provide a contact address in Türkiye for service of official notices, and designate a responsible Turkish citizen or legal entity.
Platforms must maintain a representative in Türkiye
Platforms will designate at least one authorized representative in Türkiye to respond to notices, notifications and requests from judicial and administrative authorities. The representative's contact details will be published in the platform's electronic commerce environment in a clearly visible and directly accessible manner.
If the representative is a legal entity, it must be established as a capital company, and at least one person authorized to represent the company must be a Turkish citizen residing in Türkiye. If the representative is an individual, that person must be a Turkish citizen residing in Türkiye.
Platforms' areas of activity will be limited
Foreign digital accommodation platforms will be allowed to directly facilitate the electronic commerce of tourism-certified accommodation businesses and residences rented for tourism purposes with permits issued by the ministry, as well as the electronic sale of airline tickets.
Services that travel agencies are required to provide may be offered through travel agencies holding the relevant business certificate, while car rental services may be provided through businesses authorized by the Ministry of Trade. Platforms will not be allowed to operate outside the scope of their permits or sell or market other products.
Turkish law will apply to disputes within the scope of the permit, and Turkish courts will have jurisdiction. Platforms will also be required to notify the ministry of changes to information and documents within 15 days and submit information and documents requested by the ministry within the same period.
Commission rate will be capped at 17 percent
The total amount platforms charge on sales facilitated through their services may not exceed 17 percent of the sales price, excluding value-added tax. Platforms will also pay the Türkiye Tourism Promotion and Development Agency a tourism contribution equal to 7.5 per ten thousand of their digital services tax base.
Accommodation businesses and residences rented for tourism purposes will be required to use document numbers specified by the ministry after verifying them in their promotions. Platforms will not be allowed to charge service providers when no service is provided or when the type and price of the service are not specified in the intermediation agreement.
Service providers may not be demoted in ranking or recommendation systems, have their services restricted, suspended or terminated in the absence of an objective criterion in the intermediation agreements. Platforms will also not be allowed to restrict service providers from selling or advertising through alternative channels or force them to offer promotional sales.
Fines and permit cancellations for violations
An administrative fine of 200,000 lira will be imposed when services that must be provided through businesses with an authorization or operating certificate are provided through businesses without such documents. The same fine will apply when changes to information and documents are not reported on time or documents requested by the ministry are not submitted.
A permit may be canceled if obligations within its scope are not fulfilled within the allotted period. Administrative fines for certain violations repeated within the same calendar year will be increased by 50 percent, and the permit will be canceled upon a third violation.
When a fee is charged despite no service being provided, or when the type and price of the service are not specified in the agreement, an administrative fine equal to 10 times the improperly collected amount will be imposed. Violations of the bans concerning ranking and recommendation systems, as well as forcing service providers to offer promotional sales, will each carry a proposed administrative fine of 500,000 lira.
If an amount exceeding 17 percent of the sales price is charged, a fine equal to 10 times the improperly collected amount will be imposed. If the service promised to the customer is provided incompletely or not provided at all, an administrative fine ranging from 50,000 to 100,000 lira will apply for each agreement.
Access blocking may be imposed
Access may be blocked for platforms found to be operating in Türkiye without a permit, as well as platforms whose permits have been canceled or expired. The decision will be sent to the Association of Access Providers for implementation and submitted to a criminal judgeship of peace for approval within 24 hours.
The criminal judgeship of peace will issue its decision within 48 hours. If no decision is made within that period, the access-blocking decision will automatically lapse. Platforms whose permits have been canceled will be unable to apply for a new permit for six months.
