In accordance with the circular published by the Ministry of Internal Affairs on 16.03.2020;
The activities of Theatre, cinema, show centre, concert hall, engagement / wedding hall, musical instrument / café / cafe, casino, pub, tavern, coffeehouse, café, cafeteria, country garden, hookah lounge, hookah cafe, internet lounge, cafes, all kinds of playgrounds, all kinds of indoor playgrounds (including shopping malls and restaurants), tea garden, clubs, amusement park, swimming pool, Turkish bath, sauna, hot spring, massage parlour, SPA and sports centres will be stopped by 24:00 in all 81 provinces of Turkey.
Presidency informed citizens that "It is important to reduce social media interaction as much as possible in order to prevent the spread of the epidemic". In the same direction, the ministry of health has also warned citizens to take similar measures.
Due to Coronavirus, which affects the whole world, citizens may need to cancel their wedding celebrations that they had previously planned both due to epidemic disease and in accordance with the circular issued by the Ministry.
Wedding halls sign a Banquet in practice and then receive a prepayment or a deposit. Citizens are victimized by claiming that citizens who cannot make their wedding due to Covid-19 (Coronavirus) cannot receive their prepayments to their wedding halls, or that only 1/3 of the wedding fee can be returned.
Firstly, coronavirus which causes thousands of deaths all over the world not only in Turkey in many parts of the world are required to take extraordinary measures. Therefore, it has become impossible to hold wedding celebrations.
In accordance with Article 136 of the Turkish Code of Obligations;
ARTICLE 136- “If the performance of the debt becomes impossible due to the reasons that the debtor cannot be held responsible, the debt ends.
The debtor, who has recovered from debt due to impossibility in contracts with mutual debt, is obliged to return the performance he received from the other party…”
"Force majeure" is not defined in the Turkish Code of Obligations. However, the force majeure in the doctrine is an extraordinary event that cannot be foreseen. As a matter of fact, today we are facing an extraordinary epidemic disease that cannot be foreseen and resisted.
In case of force majeure in Turkish law, the faults of the parties cannot be mentioned. Banquet contract, wedding hall contract etc. All of the contracts named are sudden performance contracts that impose debt on both sides in accordance with Turkish Law. In this context, the debt of the person holding the wedding hall is to pay the contract price. However, expecting the citizen to pay the for the wedding that they cannot benefit from any service, will be incompatible with the concept of equity.
Statements made to citizens that they have to pay due to the penal clause in the contract do not usually reflect the truth. As a matter of fact, the terms of the contract brought against the consumer in the consumer contracts are unfair conditions and therefore not valid.
In this context, citizens can report that they have returned from the contract by drawing a notice to the wedding hall and can request the return of their prepayments, if any, by resorting to legal means. It is very important to apply to a lawyer to avoid loss of rights in this process.