Türkiye has submitted legislation to parliament that would establish a new regulatory framework for foreign accommodation platforms, including mandatory government licensing, a 17% ceiling on charges related to accommodation sales and requirements covering taxation, local representation and relationships with hotels and other accommodation providers.
The bill, submitted to the Grand National Assembly of Türkiye (TBMM) on August 11 by lawmakers from the ruling Justice and Development (AK) Party, covers foreign-based service providers and intermediaries conducting accommodation-related electronic commerce within Türkiye.
Two-year permit and TRY 5 million fee
Under the proposal, foreign accommodation platforms would have to obtain a permit from the Ministry of Culture and Tourism before operating in the country.
The permit would be valid for two years, would not be transferable and would carry a fee of TRY 5 million, equivalent to approximately US$104,700 at current exchange rates.
The permit fee would increase each year according to Türkiye’s official revaluation rate. The President would have authority to increase the amount by up to twofold or reduce it by as much as half.
Tax and local representation requirements
Applicants would have to be registered as digital services taxpayers in Türkiye and have no outstanding tax liabilities. They would also be required to provide a domestic address for official notifications and designate a responsible Turkish citizen or legal entity.
Each platform would have to appoint at least one authorised representative in Türkiye to handle notifications and requests from judicial and administrative authorities, respond to applications made under the legislation and oversee compliance with other obligations.
If the representative is a company, it would have to be established as a capital company under Turkish commercial legislation. At least one person authorised to represent that company would need to be a Turkish citizen resident in Türkiye.
An individual representative would similarly have to be both a Turkish citizen and resident.
Separate permits for independently operating platforms
Where a foreign accommodation platform belongs to a consolidated corporate group, a separate permit would be required for each platform operating independently.
The platforms could, however, use the same notification address and responsible representative for their respective permit applications.
Activities covered by the proposed permits
Licensed platforms would be allowed to sell accommodation directly for hotels and other establishments holding tourism certification from the Ministry.
They could also market homes holding permits for tourism rentals and sell airline tickets electronically.
Other tourism services that Turkish legislation reserves for travel agencies could only be offered through businesses holding the required travel agency operating licence. Car rental services would similarly have to be provided through businesses authorised by the Ministry of Trade.
The proposal also states that, within the activities which foreign platforms would be authorised to conduct directly, sales combining at least two elements from transport, accommodation and other unrelated services would not be treated as package tours under the relevant provision.
The Ministry would have authority to determine which complementary tourism activities connected with those specifically listed in the legislation could also be permitted.
Foreign accommodation platforms would not be permitted to operate outside the activities covered by their permits or use the relevant electronic commerce environment to sell or market other products.
Platform fees capped at 17%
One of the main provisions concerns the fees charged to accommodation businesses.
Under the proposal, the total amount collected by a foreign platform from the sale price of a service, regardless of how that charge is described, could not exceed 17% of the sales price excluding VAT.
Restrictions on contracts with accommodation providers
The proposed legislation also addresses contractual relations between platforms and accommodation providers.
Platforms would not be allowed to prevent hotels and other providers from offering the same service at the same or a different price through alternative distribution channels.
They would also be prohibited from restricting providers’ commercial relationships or advertising through other channels. Contractual provisions enabling such restrictions would not be permitted.
Promotional campaigns and commercial conditions
The legislation would additionally prohibit platforms from forcing accommodation providers to participate in promotional campaigns.
This would include imposing unilateral changes to selling prices or requiring providers to purchase goods or services from the platform or another party.
New rules for rankings and recommendations
Rules would also apply to platform search rankings and recommendation systems.
An accommodation provider could not be downgraded, restricted, suspended or removed without an objective criterion specified in the intermediary agreement, or because the provider had filed a complaint with a public authority or judicial body.
