Withdrawal from timeshare agreement WHEN WILL THE REFUND OF THE PAID PRICE BE ON THE AGENDA?
Published in the Official Gazette dated July 23, 2026 The decision of the 3rd Civil Chamber of the Supreme Court of Appeals states that in timeshare contracts, the consumer A study on the relationship between the right of withdrawal and the refund of the price paid It includes evaluation.
In the concrete case, a timeshare was purchased on 26.07.2023. The contract was signed and payment was made by the consumer on the same date. The consumer expressed his/her will to withdraw from the contract through a notary public on 31.07.2023. reported; This notification was notified to the other party on 04.08.2023. In case the refund is not realized, the consumer may request a refund of the price he paid. He initiated enforcement proceedings on 22.08.2023. Upon objection to follow-up A lawsuit was filed and the fee was returned by the defendant on 07.11.2023.
The Ministry of Justice's appeal in the interest of law. The Supreme Court, which examined the file upon reviewing the file, stated that in Article 50 of Law No. 6502 Attention was drawn to the regulations. Accordingly, the consumer, timeshare within 14 days from the contract, without giving any justification and without penalty may withdraw without paying any condition, or may withdraw from the consumer within the withdrawal period. Payment cannot be received under any name; However, a fee is charged In this case, this fee must be refunded to the consumer immediately. emphasized. In the decision, it was stated that it was contrary to mandatory legal regulations. It was stated that the timeshare contract established as The decision of the first instance court was overturned in the interest of law.
The points to be considered here are as follows;
* Cancellation of the contract in prepaid housing contracts 90-day period in which a refund will be made to the consumer in case of 2017 changes It has been increased to 180 days.
* Timeshare contracts, prepaid housing sales Not within the scope of Law No. 6502. It is within the scope of Article 50;
* 90-day notification period in Article 50; circuit The holiday contract only states that it will not be used during that period. It's about you. It must be notified at least 90 days in advance that the timeshare will not be used during that period. The 90-day period here is a permanent withdrawal from the timeshare contract.
* As emphasized in the decision, in accordance with Article 50/6 of the Law In timeshare contracts, no fee should be charged from the consumer during the withdrawal period. to this ban However, in case any fee is collected from the consumer, the fee received Immediate return to the consumer is required.
https://www.resmigazete.gov.tr/eskiler/2026/07/20260723-6.pdf