TERMS & CONDITIONS
Terms and Conditions
MEDICAL SERVICE AGREEMENT
1. PARTIES
This Medical Services Mediation Agreement (“Agreement”) was signed by and between Medicterrean Medikal Turizm AS on the date it was signed. ("Medicterrean") and the undersigned patient (the patient) with the free will of the parties. By accepting the contract, the patient accepts, declares and undertakes to understand and adhere to these rules.
Medicterrean has the right to change this agreement if necessary.
2. SUBJECT MATTER OF THE AGREEMENT
2.1 This Agreement regulates medical tourism in Turkey, for which Medicterrean acts as an intermediary according to the patient's request, and the mediation of all services required in this context, such as medical staff, hospital, accommodation, travel and transport; The price and payment basis of these services as well as the rights and obligations of the parties. Medicterrean is not a service provider, but an institution that serves as an intermediary to reach service providers.
2.2 In accordance with the Agreement, the patient accepts, declares and undertakes that he / she has been provided with preliminary medical tourism information by Medicterrean, which will be provided to him / her as an intermediary, and that he / she will do so in accordance with this Agreement comply with the information provided.
2.3 The patient acknowledges that the service provided by Medicterrean is a mediation service, and agrees and agrees that he / she knows that the party for a possible dispute will be the actual service provider for the interruptions during the Brokerage services that are provided under this agreement, such as B. Hospital, doctor's assistant, transfer, accommodation.
2.4 As part of the agreement, the patient accepts, declares and undertakes that the patient has correctly given his personal identity and contact information, that he has no health and / or travel obstacles, that in the case of incorrect information Medicterrean assumes no obligation or liability that if ClinicalHub incurs damage by providing incorrect information, it will cover the damage immediately and without delay and that it is stated using the contact details. The patient is personally liable for the missing information and documents that are made available by him.
2.5 In accordance with the information and details that Medicterrean has provided him / her, all additional costs in cases where the patient is late or missed the transport options will be borne by the patient.
3. CONTRACT PRICE AND METHOD OF PAYMENT
3.1 In return for the mediation service that Medicterrean makes available to the patient, the patient must first make an advance payment of € 500.00. With this prepayment, the day of the necessary arrangements for the patient is reserved as guaranteed by the company and / or persons providing health, accommodation and transfer services on behalf of the patient. Signing this agreement without prepayment does not establish any liability for Medicterrean.
3.2 Services that are not included in this Agreement or that are provided after the patient has been provided with medical intermediary services are also subject to additional fees. All fees and similar payments and expenses arising from the contract will be billed to the patient. In the event of default in payment, default interest will be charged.
3.3 The remaining amount for all agreements that are subject to the brokerage service is to be paid to Medicterrean by the day of operation. Once the reservation has been made, the fee will not be reimbursed if the patient fails to sign contracts or documents submitted by the service providers, does not meet his agreed and signed obligations and in similar cases. If the patient incurs additional costs to Medicterrean in the event that he cannot avail himself of travel, accommodation, transport or health services on the dates agreed in the agreement, the additional costs concerned will be paid to Medicterrean by the patient immediately
4. Medicterrean RIGHTS AND OBLIGATIONS
4.1 Medicterrean acts as the agency for the aesthetic, dental, hair transplant and general surgical or general health services, accommodation, travel and transportation services provided to the patient under this Agreement, and directs the patient to the clinic and / or to the healthcare provider to whom health care is provided.
4.2 The patient irrevocably agrees, declares and undertakes that Medicterrean has no legal obligations with the exception of mediating medical services that are made available to the patient, and that he will indemnify Medicterrean from all financial or immaterial damage. from medical services. The patient agrees, declares and undertakes to obtain all of these services from Medicterrean as an intermediary.
4.3 The patient cannot take any action inconsistent with this article, the patient accepts, declares and undertakes that the service provider is liable for medical services and additional services that are not covered by Medicterrean's liability. The patient cannot take any negative steps against Medicterrean due to his dissatisfaction with the medical services provided, otherwise the patient is obliged to pay the remuneration paid as a penalty.
4.4 Medicterrean recommends that the patient insure the risks of an accident, all types of damage due to an accident and treatment costs before this Agreement comes into effect.
4.5 Medicterrean cannot be held liable for damage resulting from non-performance of the agreement or due to events of force majeure or unexpected events. Forcing of legally provided major events, events that represent an obstacle to the initiation, continuation or termination of the contract, which are extraordinary and unpredictable, even if all measures are taken and the events over which Medicterrean has no influence are considered to be the main.
5. PATIENT'S RIGHTS AND OBLIGATIONS
5.1 As an agency, Medicterrean provides medical, travel, accommodation and transport services to the patient.
5.2 The patient is obliged to correctly and clearly inform Medicterrean of his medical background by filling out the medical form available on the website with his health information.
5.3 The patient is obliged to make the payment in accordance with the agreement. The patient is personally liable for any delay caused by him. If such a delay causes Medicterrean additional costs or obligations, the patient must pay these costs and expenses to Medicterrean.
5.4 If the patient is a minor, it is mandatory to provide Medicterrean with the contact information that can be used for direct communication with the legal representative of the minor.
5.5 The patient is obliged to bear the costs in the case of a free transfer to a facility agreed through Medicterrean and to compulsory accommodation.
By accepting this agreement, the patient agrees, declares and undertakes not to publicly attack or criticize Medicterrean or any of its employees, employees or partners in relation to the treatments of the service provider (websites, social media networks, blogs, public forums etc. check). and actions. Since Medicterrean cannot be held responsible for the services, medical treatments and procedures provided by the service provider, the patient agrees, declares and undertakes not to give Medicterrean or its employees a bad name or to take any action that adversely affects Medicterrean , its reputation, services or administration at any time during or after the term of the contract. In the event of a violation of this clause, the patient agrees, declares and undertakes to remove and remove the content immediately after it has been checked by Medicterrean. If all or part of the content is left behind, the patient agrees, declares and agrees to pay Medicterrean £ 10,000.00 as a penalty in addition to any damage.
6. CANCELLATION AND ASSIGNMENT OF THE CONTRACT
6.1 Medicterrean has the right to unilaterally terminate this agreement in accordance with goodwill. In the event that Medicterrean terminates the contract, the patient will be reimbursed the amount he has paid, with the exception of the mandatory taxes, fees and similar expenses arising from legal obligations and paid to third parties, and this can be documented and cannot be reimbursed . In this context, too, the cancellation and change provisions of the companies with regard to the previously purchased flight, train and navigation tickets as well as accommodation costs apply unchanged. If any, penalties are reflected to the passenger, ie the patient.
6.2 The patient pays the bank transfer fee for refunds made through a bank. Medicterrean Medicterrean is not entitled to any compensation for this. Medicterrean cannot be held responsible for any late refund of charges paid by credit card.
6.3 If either party breaches the Agreement, the non-breaching party shall apply within 7 (seven) working days by means of a written notice through a notary public for the removal of the breach of the Agreement. The non-infringing party has the right to terminate the contract if the infringement cannot be remedied within the specified period.
6.4 For the fulfillment of the agreement Medicterrean has the right to partially or completely transfer the agreement to natural and legal persons with whom it is contractually connected. In this case, the legal successor for the assigned parts is the associated natural or legal person.
6.5 The patient has no right of withdrawal and / or termination, unless he explains the reasons why he cannot receive medical care for another medical reason with a complete and acceptable apostilled and valid medical report. If the conditions are met, the withdrawal or cancellation will only be effective if the notification is made in text form. Medicterrean has the right to deduct the refund and / or not to accept it in the event of an adjournment.
6.6 If the patient makes use of his right of withdrawal in accordance with Article 6.5, the cancellation will take effect on the day on which Medicterrean receives written notification of the patient's cancellation. The amount of the fees to be paid depends on the time of receipt of the cancellation notification. However, the cancellation fee is always limited to the expenses actually incurred and payments made. In the event of cancellation, the patient's deposit will be retained as a reservation fee.
7. NON-DISCLOSURE AGREEMENT
7.1 "Confidential Information" that may be exchanged between parties means any information belonging to the party who owns it, which constitutes a trade secret and / or is in the possession of that party; and it includes, without limitation, design information, technical information, trade secrets, ideas and inventions, projects, drawings, models, software programs, algorithms, software modules, program source code, specifications, product plans and technologies, software user manuals, marketing information, patient lists, estimates and evaluations, financial reports, contractual terms, Records and all information and materials relating to the aforesaid party's business, all types of products, goods and services in relation to itself, its shareholders, affiliates, other persons licensed by it, its patients and advisors, method to do so to receive trade secrets of any kind 7. NON-DISCLOSURE AGREEMENT
of formula, know-how, patent, invention, design, patient list of formula, know-how, patent, invention, design, patient lists, budget, business development, marketing and pricing plans and strategies and any similar information.
7.2 Medicterrean and the patient accept and declare that the information provided to them is confidential, they will treat this information confidentially in accordance with the law on the protection of personal data and will not pass the information on to organizations or institutions without the consent of the other party. Medicterrean is not subject to any legal obligation or liability based on the disclosure of information in cases in which there is a legal obligation to disclose information in accordance with the statutory provisions or in cases in which this is necessary for the fulfillment of this agreement.
7.3 The patient cannot make adjustments on his or her behalf or on behalf of another person by bypassing Medicterrean and contacting directly persons and companies from whom he receives medical services. The patient may not disclose any text messages, calls, conversations and pictures between him and Medicterrean on any platform and in any location without written permission. Otherwise, the patient accepts, declares and agrees to pay £ 10,000.00 as a penalty clause in cash and all at once in addition to any damages.
8. OTHER TERMS
8.1 Children aged 0-6 years do not receive separate beds for hotel accommodation.
8.2 Since there is a seat obligation for children over 2 years of age in transport, these are chargeable.
8.3 The patient is required to obey and control his belongings during the service period and Medicterrean is not responsible for lost / stolen / damaged items. Medicterrean is not liable for lost items and events at third parties such as hotel, transfer.
8.4 Medicterrean reserves the right to make or cancel changes to its program, accommodation facilities and means of transport for compelling or operational reasons. In this case, the reservation owner's consent is not required and he has no right to cancellation or compensation.
8.5 The patient is expressly warned and informed during the agreement that the departure time or the type of aircraft for air travel may change for airline reasons, and this was accepted by the patient.
8.6 The accommodation establishment creates a blockade. A passport and, depending on the federal state, a visa, also for babies, are required for trips abroad. The patient accepts and declares that he has been informed of this problem by Medicterrean.
8.7 All additional service fees other than the type of accommodation specified in the agreement must be paid in cash by the patient upon check-out from the hotel.
8.8 It is mandatory to be at the meeting point half an hour in advance for road transport and two hours in advance for air transport.
8.9 The seat number is not assigned as part of the contract, including transport. The seat number can be found in the transfer guide in the vehicle upon departure.
8.10 Since the transfer service for air transport is an airplane + transfer package, this service only applies to the air transport packages that the patient has bought from Medicterrean. The transfer service is not valid if, for example, the patient changes the plane or departure time individually or leaves the hotel prematurely.
8.11 Pets are not allowed in the means of transport or in the facility.
9. APPLICABLE LAW AND JURISDICTION
9.1 This agreement is subject to Turkish law. Courts and law enforcement agencies in Istanbul have the power to resolve disputes arising from this contract.
9.2 A change in meaning or a contradiction between the provisions of this Agreement will not render any other provisions invalid. The contracting parties are responsible for stamp duty on the copy of this Agreement that they own.
10. EVIDENCE AGREEMENT
10.1 The patient accepts, declares and undertakes that Medicterrean's records and books will serve Medicterrean as evidence of the disputes arising from this Agreement, that he / she will not contradict these records and books and will not present any other evidence.
MEDICAL SERVICE BROKERAGE AGREEMENT
1. PARTIES
This Medical Service Brokerage Agreement (“Agreement”) has been executed on the date of signature by and between Medicterrean Medikal Turizm A.Ş. (“Medicterrean”) and the undersigned patient (the patient) with the free will of the parties. With the acceptance of the Agreement, the patient hereby accepts, declares and undertakes that he / she understands these rules and will comply with them.
Medicterrean has the right to amend this Agreement when necessary.
2. SUBJECT OF THE AGREEMENT
2.1 This agreement regulates medical tourism in Turkey which Medicterrean serves as an intermediary company in accordance with the patient's request and the arrangement of all kinds of services necessary in this context such as medical attendants, hospital, accommodation, travel and transportation; price and payment basis of these services and the rights and obligations of the parties. Medicterrean is not a service provider, but an institution which serves as an intermediary to reach service providers.
2.2 In accordance with the Agreement, the Patient accepts, declares and undertakes that he / she has been provided preliminary information regards to the medical tourism, which will be given to him / her as an intermediary institution, by Medicterrean and that he / she will Comply with this Agreement in accordance with the information provided.
2.3 The patient acknowledges that the service provided by Medicterrean is an intermediary service, and agrees and undertakes that he / she knows that the party for any potential dispute is the actual service provider for the disruptions during the intermediary services provided under this Agreement such as hospital , medical attendant, transfer, accommodation.
2.4 Within the scope of the agreement, the patient accepts, declares and undertakes that the patient gave his / her personal identity and contact information correctly, that he / she does not have any health and / or travel obstacles, that, in the event of giving incorrect information, Medicterrean does not have any obligation or liability, that, if Medicterrean suffers any loss due to the provision of incorrect information, he / she will cover the loss immediately and without delay, and that he / she can be reached via the contact information given. The patient is personally liable for the missing information and documents provided by him / her.
2.5 In line with the information and details given to him / her by Medicterrean, in cases where the patient is late or misses the transportation facilities, all aditional costs will be covered by the patient.
3. AGREEMENT PRICE AND METHOD OF PAYMENT
3.1 In return for the intermediary service to be provided to the patient by Medicterrean, the patient must first make a € 500.00 prepayment. With this prepayment, the day of the necessary arrangements for the patient is reserved as guaranteed from the company and / or persons who will provide health, accommodation and transfer services on behalf of the patient. Signing this Agreement without making any prepayment does not create any liability for Medicterrean.
3.2 Services which are not included in this Agreement or which will be performed after the patient has been provided with medical intermediary services shall also be subject to additional charges. All fees arising from the agreement and similar payments and expenses are charged to the patient. In case of default, default interest payment will be requested.
3.3 Balance payment concerning all arrangements subject to intermediary service is payable to Medicterrean until the day of operation. Once the reservation is made, there will be no refund of the fee if the patient refrain from signing any contracts or documents submitted by service providers, fail to fulfill his / her obligations agreed and signed, and in any similar cases. If the patient cause additional cost to Medicterrean in case he / she cannot benefit from travel, accommodation and transportation or health services on the dates agreed in the Agreement, the additional cost in question will be paid to Medicterrean immediately by the patient
4. RIGHTS AND OBLIGATIONS OF Medicterrean
4.1 Medicterrean will act as an agency for aesthetic, dental, hair transplantation and general surgery or general healthcare services, accommodation, travel and transportation services which will be provided to the patient under this agreement and will direct the patient to the clinic and / or to the medical attendant where the healthcare will be provided.
4.2 The Patient irrevocably agrees, declares and undertakes that Medicterrean has no legal obligation, except intermediary service, for medical services that will be provided to the patient and that he / she will hold Medicterrean harmless of any and all pecuniary or non-pecuniary damages arising from medical services. The Patient agrees, declares and undertakes that he / she will get all these services from Medicterrean as an intermediary institution.
4.3 The patient cannot take actions incompatible with this article, the patient accepts, declares and undertakes that service provider is liable for medical services and additional services which are not under the liability of Medicterrean. The patient cannot take any negative action against Medicterrean because of his / her unsatisfaction with medical services provided, otherwise the patient will be under obligation to pay, as a penalty, the amount of remuneration paid.
4.4 Clinic Hub advises the patient to insure the risks of any accident, all kinds of damages arising from an accident and expenses of treatment before this agreement enters into force.
4.5 Clinic Hub cannot be held liable for the damages arising from nonperformance of the agreement at all or as is due because of force major or unexpected events. Force major events provided by law, events that constitutes an obstacle for the initiation, continuation or termination of the Agreement which are extraordinary and unpredictable even if all the measures are taken and the events that ClinicHub does not have any impact on will be regarded as force major.
5. RIGHTS AND OBLIGATIONS OF THE PATIENT
5.1 Medicterrean, as an agency, will provide medical service, travel, accommodation and transportation services to the patient.
5.2 The patient is obliged to inform Medicterrean of his / her medical background correctly and clearly by filling the medical form that is available on the website with his / her health information.
5.3 The patient is obliged to make payment as specified in the agreement. The patient is personally liable for any delay caused by him / her. If such delay causes Medicterrean any additional cost or obligation, the patient must pay these costs and expenses to Medicterrean.
5.4 If the patient is a minor, it is obligatory to provide Medicterrean with the contact information which can be used for direct communication with legal representative of minor or minor.
5.5 The patient is obliged to cover the expenses in case of a free-of-charge transfer to a facility agreed over Medicterrean and compulsory accommodation.
5.6 By accepting this Agreement, the Patient agrees, declares and undertakes not to attack or criticize Medicterrean or any of its employee, associate or partner publicly (review websites, social media networks, blogs, public forums etc.) in regards to Service Provider's treatments and actions. As Medicterrean cannot be held responsible for the services, medical treatments and procedures provided by the Service Provider, the patient agrees, declares and undertakes not to bring bad name to Medicterrean or any of its employees or take action that negatively affects Medicterrean, its reputation, services or management at any time during or subsequent to contract period. In case of breach of this clause, the patient agrees, declares and undertakes to remove and take down the content immediately upon Medicterrean assessment. If content remains, in part or in whole, the patient agrees, declares and undertakes to pay 10,000.00 EUR to Medicterrean as a penalty in addition to all damages.
6. CANCELLATION AND ASSIGNMENT OF THE AGREEMENT
6.1 Medicterrean has the right to cancel this agreement unilaterally in line with the goodwill. In case of cancellation of the Agreement by Medicterrean, the patient will get a refund for the amount he / she paid except for compulsory taxes, fees and similar expenses arising from the legal obligations and the expenses that have been paid to third parties, and can be documented and cannot be refunded. Again in this context, the cancellation and change rules of the companies related to the flight, railway and navigation tickets and accommodation expenses purchased previously shall be applied as they are. If any, penalties shall be reflected to the passenger, namely the patient.
6.2 The patient will cover the bank transfer fee for refunds that will be made through a bank. Medicterrean does not have a right for compensation for this. Medicterrean cannot be held liable for any delay of refund of fees paid by credit card.
6.3 If one of the parties violates the Agreement, non-breaching party requests for elimination of the breach of the Agreement within 7 (seven) work days by a written notice via notary public. Non-breaching party has the right to cancel the agreement if the breach cannot be eliminated within the given period of time.
6.4 For the performance of the Agreement, Medicterrean has the right to assign the Agreement partially or fully to real and legal persons with whom it is contracted. In such case, the successor for the assigned parts is the related real person or legal entity.
6.5 The patient does not have a right of recission and / or a right of cancellation unless he / she explains the reasons that he / she cannot recieve medical service due to another medical reason with a complete and acceptable apostilled and valid medical report. In the presence of the conditions, recession or cancellation becomes valid only if the notification is in written form. Medicterrean has the right to deduct refund and / or not accept in case of adjournment.
6.6 If the patient uses his / her cancellation right in accordance with article 6.5, cancellation will take effect from the day on which Medicterrean receives written notification of patient's cancellation. The scale of charges payable will depend upon when the notification of cancellation is received. However, the cancellation charge will always be limited to actual expenses incurred and disbursements made. In the event of a cancellation, patient's deposit will be kept as a reservation fee.
7. CONFIDENTIALITY AGREEMENT
7.1 “Confidential Information” that can be excahnged between parties means any and all information of the party owning them, which constitutes a trade secret and / or which is under possession of the said party; and it includes, without any limitation, design information, technical information, trade secrets, ideas and inventions, projects, drawings, models, software programs, algorithms, software modules, program source code, specifications, product plans and technologies, software user manuals, marketing information, patient lists, estimations and evaluations, financial reports, contract terms, records and all information and materials related to aforesaid Party's business, all kinds of products, goods and services related to itself, its shareholders, affiliates, other persons licensed by itself , its Patients and consultants, method used to obtain these, trade secret, any kind of formula, know-how, patent, invention, design, patient lists, budget, business development, marketing and pricing plans and strategies and all similiar information.
7.2 Medicterrean and the patient accept and declare that the information provided to them is confidential, they will keep this information confidential in accordance with Personal Data Protection Law, and will not share the information with any organization or institution without the approval of the other party. Medicterrean is not under any legal obligation or liability due to the sharing of information in cases where it is a legal obligation to share information in accordance with legal regulations or in cases where it is urgent for the performance of this Agreement.
7.3 The Patient cannot make adjustments on his / her behalf or on behalf of other person by bypassing Medicterrean and directly contacting with persons and companies from which he / she receives medical service. The patient cannot disclose text messages, calls, conversations and images between him / her and Medicterrean on any platform and anywhere without written permission. Otherwise, the patient accepts, declares and undertakes that he / she is obliged to pay 10,000.00 EUR as a penalty clause in cash and at once in addition to all damages.
8. OTHER TERMS
8.1 Children who are 0-6 years old are not given separate beds for hotel accommodations.
8.2 Since there is a seat requirement in means of transportation for children who are over 2 years old, they are subject to fee.
8.3 The patient has obligation to follow and control his / her belongings during the service period, and Medicterrean is not liable for lost / stolen / damaged belongings. Medicterrean is not liable for belongings lost and events experienced in third parties such as hotel, transfer.
8.4 Medicterrean reserves the right to make any adjustments or to cancel in its program, accommodation facilities and means of transportation due to force major or operational reasons. In such case, reservation owner's approval is not necessary and he / she does not have the right to cancel or compensation.
8.5 The patient is specifically warned and informed during the agreement that departure time or the type of plane may change due to reasons arising from the airline company when traveling by airway, and this has been accepted by the patient.
8.6 The accommodation facility establishes blockage. A passport and depending on the state a visa is reuired, including babies, for foreign trips. The Patient acceptes and declares that he / she is informed by Medicterrean about this issue ..
8.7 All additional service fees other than the type of accommodation specified within the scope of the agreement shall be paid by the patient in cash during the check-out from the hotel.
8.8 It is compulsory to be present at the meeting point half an hour before for road transport and two hours before for airway transport.
8.9 Seat number will not be given within the scope of execution of the agreement including transportation. Seat number shall be learned from the transfer guide in the vehicle during the departure.
8.10 Since the transfer service for airway transportation is a plane + transfer package, this service is only valid for the airway transportation packages that the patient has purchased from Medicterrean. Transfer service will not be valid in cases such as when the patient individually changes the plane or its departure time, or leaves the hotel early.
8.11 Pets are not allowed in the means of transport and in the facility.
9. APPLICABLE LAW AND JURISDICTION
9.1 This Agreement is subject to the Turkish law. Istanbul Courts and Execution Offices are authorized to resolve the disputes arising from this Agreement.
9.2 Any change in meaning or contradiction between the provisions of this Agreement does not invalidate any other provision. The parties are responsible for stamp duty for the copy of this agreement which they possess.
10. EVIDENTIAL AGREEMENT
10.1 The patient accepts, declares and undertakes that Medicterrean records and books will be evidence for the disputes arising from this Agreement, that he / she will not object to these record and books and will not present any other evidence.