A seafood restaurant in Istanbul's Bebek district watched its Google rating slide from 4.1 to 3.8 because of a 10% service charge tacked silently onto every bill. After adding a transparent "service included? yes/no" toggle on the QR menu, the rating climbed to 4.6 within six months. Turkey's legal stance on service charges is far grayer than most operators assume.
The Legal Framework: No Mandate, But Binding If Displayed
Turkey has no specific law that obliges restaurants to charge a service fee. Restaurants are free to charge nothing at all. But under Consumer Protection Law (TKHK) No. 6502 Article 5, if the fee is clearly written on the menu, the customer is deemed to have accepted it by ordering — making it contractually binding.
The friction point: many venues bury the disclosure in 8pt footer text or only show it on the printed receipt. Consumers can then file with the Consumer Arbitration Board (THH) claiming "unfair contract term." In 2024 service-charge complaints to THH rose 38% year-over-year, with most rulings favoring consumers.
Operational Risks: Staff, Tax, VAT
A second-order risk is that service charges are not tips. If the employer retains a share, it becomes taxable income subject to SGK (social security) + income-tax withholding + VAT. Most venues keep the share off the books — and pay heavily when audited.
Three concrete exposures:
- Consumer claims: THH-ordered refund plus an administrative fine (2026 schedule: TRY 1,250-12,500).
- Labor-tax audits: SGK treats undisclosed service charges as concealed wages.
- Online reputation: "sneaky 10% added" reviews tank Google and TripAdvisor scoring.
The Transparent Model: Toggle + Clear Notice
The Bebek restaurant's fix is simple: QR menu opens with a "service charge optional; you may remove" banner, and the order-confirmation screen carries an explicit checkbox. That satisfies the "express consent" standard under TKHK.
On thMenu the policy is one JSON line in restaurant settings: rate (5-15%), default on/off, customer-removable (boolean), shown as a separate line item on the receipt (required for clean VAT). Legal exposure goes down, customers feel in control, and staff get on-the-books income.
FAQ
Can I refuse the service charge? If the menu calls it optional and you verbally decline, the venue must remove it. If "automatic" is printed and visible before ordering, it's legally binding.
Does the charge go to the server? No legal requirement. Distribution is at the employer's discretion. Posting "100% to staff" is both ethical and commercially helpful.
Is VAT applied to the service charge? Yes. Service charges are revenue and carry 10% VAT. Showing it as a separate line item prevents downstream audit issues.
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