TKHK Article 5: In consumer contracts, terms imposed unilaterally, without negotiation, and that are against the consumer are considered unfair contract terms and are invalid.
Elements of Unfair Terms
- To the detriment of the consumer
- Not negotiated (standard contract)
- Unilateral imposed
- Contrary to the principle of honesty
Typical Examples
- "The seller does not accept any liability"
- "The court has jurisdiction only in Istanbul"
- "No refund will be made"
- "The fee may be increased unilaterally"
- "Extra-contractual fees may be added"
Cancellation Result
- The condition is invalid → other clauses remain valid
- It is examined ex officio (even if the consumer does not request it)
- It is not applied in the transaction without the need for a court decision
Supreme Court 13. HD
13. HD accepts that unfair contract terms will be "ex officio cancelled", that the consumer does not need to request it, and that the court should review the contract.
Authority Condition
The "disputes in the The court of the consumer's own residence is always competent.
Practical Tips
- Read the standard contract
- Document the suspicious clause
- When signing, the annotation "I have read, I accept" is not binding on its own
Consumer law attorney is recommended.