What happens if your car is damaged at the car wash? Car wash service liability

Due to both the increase in our country's population and the steps taken under the name of the automotive industry, the number of vehicles in our country is increasing day by day. Due to the ordinary conditions of life, every car owner may experience damage to their vehicle at car wash businesses. The reasons for this include careless behavior and the fact that most car washes in our country do not meet TS standards, among many other reasons.

Proof of Damage

So how should you react if such a situation occurs? The first thing you should do is take photos of the damaged parts of your vehicle. This is because you will have proof of the damage.

Compensation for damages

After photographing the damaged areas of your vehicle, you should request compensation from the service provider. If the service provider refuses your request, you should apply to the Consumer Arbitration Board with the evidence you have. Articles 13 and 14/1 of the Law on Consumer Protection already address defective goods and the persons obligated to compensate for the damage caused by such goods. These articles state: "Adefective service is a service that is contrary to the contract because it does not commence within the time specified in the contract or because it does not possess the characteristics agreed upon by the parties and which it should objectively possess. Services that do not possess the characteristics stated by the service provider, on internet portals, or in advertisements and announcements, or that contain material, legal, or economic deficiencies that reduce or eliminate the value or the benefits that the consumer can reasonably expect from them, are defective." The first paragraph of the other article states: "The provider is obliged to perform the service in accordance with the contract." As can be understood from the articles mentioned above, if there is a defective service, the company we contracted with is obliged to compensate for our damages.

Applying to the Consumer Arbitration Board

So, what is a Consumer Arbitration Board and what amount should you apply for? Consumer arbitration boards are established under Law No. 6502 on the Protection of Consumers to resolve disputes arising from consumer transactions and practices directed at consumers. The board is chaired by the provincial director of trade in provinces and the district governor or an appointed official in districts. Other members of the consumer arbitration board consist of representatives from the municipality, bar association, traders/craftsmen, and consumer organizations. Monetary limits for applications to consumer arbitration boards are redefined every year. As of 2020, these monetary limits are as follows:

• For disputes below 6,920 TL, district consumer arbitration boards will handle the matter
• In provinces with metropolitan status, provincial consumer arbitration boards handle disputes between 6,920 TL and 10,390 TL
• In the central districts of provinces that do not have metropolitan status, for disputes below 10,390 TL, the provincial consumer arbitration boards will handle the matter
• In districts of provinces that do not have metropolitan status, provincial consumer arbitration boards handle disputes between 6,920 TL and 10,390 TL

is responsible.

For disputes exceeding 10,390 TL, applications cannot be made to consumer arbitration boards; such applications must be made to consumer courts, or, in locations where consumer courts do not exist, to civil courts of first instance. Based on the information above, you should apply to the appropriate consumer arbitration board depending on the estimated value of the damage to your vehicle in Turkish Lira.

So how do you apply to the Consumer Arbitration Board? There are many ways to apply to the Consumer Arbitration Board. You can apply in person, through a lawyer, or by submitting your application in person or online. However, verbal applications are not possible. You can access the Consumer Information System (TÜBİS) through the e-government portal, fill out the necessary form, and send it along with any supporting evidence. An important point to note is that you cannot apply to more than one Consumer Arbitration Board at the same time.

We explained above when to apply to the Consumer Court and when to apply to the Consumer Arbitration Board. So, what are the differences between these two institutions? First of all, the Consumer Arbitration Board is not a court. It is a district and provincial organization that seeks solutions to disputes. The Consumer Court, on the other hand, is the court responsible for handling all kinds of cases applied against consumers.

TÜBİS

What procedure should be followed in areas without consumer arbitration boards? Consumer arbitration boards operate under the Provincial Directorates of Trade in provinces and under the District Governor's Offices in districts. However, not every district has a consumer arbitration board. Some consumer arbitration boards operate with broader jurisdictions, authorized to cover districts where no such board exists.

In areas where consumer arbitration boards do not exist, applications are received by liaison personnel at the relevant district governor's offices and recorded in TÜBİS (Turkish Consumer Information System).

Consumer Arbitration Board Decision Period

How long does it take for the consumer arbitration board to make a decision? Applications to the consumer arbitration board are reviewed and decided upon within a maximum of six months, according to the date and order of application. The decision period may be extended by a maximum of six more months, taking into account factors such as the nature of the application, the subject of the application, and the characteristics of the goods or services.

If the parties request an expedited review and the request is deemed appropriate by the chairman, the applications may be given priority by the consumer arbitration board.

Appeal against the Board's Decision

Can an appeal be filed against the Consumer Arbitration Board's decision? Parties may appeal the decision to the consumer court located where the Consumer Arbitration Board is situated, or to the civil court of first instance in locations where there is no consumer court, within 15 days of notification of the decision. However, a new appeal cannot be filed with the same Consumer Arbitration Board that previously issued the decision.

During the appeal process, consumers are exempt from the fees stipulated in Law No. 492 on Fees. However, an advance payment for expenses must be made in accordance with Law No. 6100 on Civil Procedure. The decision of the consumer court regarding appeals against consumer arbitration board decisions is final. For more detailed information, please contact the Ministry of Trade of the Republic of Turkey.

For more information regarding vehicle damage at car washes and other issues related to vehicle depreciation, you can contact our firm's experienced lawyers.

Trainee Lawyer Fatih CEYHAN