data protection

MEDICAL SERVICE AGREEMENT & PRIVACY

​

1. PARTIES

This Medical Services Brokerage Agreement (“Agreement”) was entered into by and between Medicterrean and the undersigned patient (the Patient) on the date of signature by the parties' free will. By accepting the contract, the patient accepts, declares and undertakes to understand and comply with these rules.

Medicterrean has the right to change this agreement if necessary.

 

2. SUBJECT 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 intermediation of all necessary services in this regard, such as medical staff, hospital, accommodation, travel and transport; Price and payment basis for these services and 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 is made available to him/her as an intermediary entity, and that he/she will do this Agreement in accordance with the comply with the information provided.

2.3 The patient acknowledges that the service provided by Medicterrean is an intermediation service and agrees and undertakes that he/she knows that the party to any potential dispute will be the actual service provider for the disruptions during the mediation services that are provided under this agreement, such as B. Hospital, doctor's assistant, transfer, accommodation.

2.4 Under the Agreement, the Patient accepts, represents and undertakes that the Patient has provided their personal identity and contact information correctly, that they have no medical and/or travel restrictions, that in the event of any misrepresentation, Medicterrean shall have no obligation or liability , that if Medicterrean suffers damage as a result of providing incorrect information, it will immediately and promptly cover the damage and that it has provided the contact details. The patient is personally liable for the missing information and documents provided by him.

2.5 In accordance with the information and details provided to him/her by Medicterrean, any additional costs in cases where the patient is late or misses transport facilities will be borne by the patient.

 

3. CONTRACT PRICE AND METHODS OF PAYMENT

3.1 In return for the mediation service that Medicterrean provides to the patient, the patient must first make an advance payment of €500.00. With this advance payment, the day of the necessary arrangements for the patient is reserved as guaranteed by the company and/or persons providing healthcare, accommodation and transfer services on behalf of the patient. Signing this agreement without prepayment does not create any liability for Medicterrean.

3.2 Services not included in this Agreement or provided after the patient has been provided with medical referral services are also subject to additional charges. All fees and similar payments and expenses arising from the contract will be charged to the patient. In the event of a delay in payment, interest on arrears will be charged.

3.3 The balance of any arrangement subject to the placement service is payable to Medicterrean by the date of operation. Once the reservation has been made, there will be no reimbursement of the fee if the patient fails to sign contracts or documents provided by the service providers, fails to fulfill his agreed and signed obligations and in similar cases. If the patient causes Medicterrean additional costs in the event that he/she is unable to obtain travel, accommodation and transport or healthcare services on the dates agreed in the agreement, the relevant additional costs will be paid by the patient to Medicterrean immediately

 

4. Medicterrean's RIGHTS AND OBLIGATIONS

4.1  Medicterrean acts as agency for 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 Clinic and/or to the healthcare provider where the healthcare is provided.

4.2 The Patient irrevocably agrees, represents and undertakes that Medicterrean shall have no legal obligations other than the referral service for medical services provided to the Patient and shall indemnify Medicterrean for any financial or non-pecuniary damages arising therefrom. from medical services. The patient agrees, represents and undertakes to obtain all such services from Medicterrean as an intermediary entity.

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 the liability of Medicterrean. The patient cannot take negative action against Medicterrean due to their dissatisfaction with the medical services provided, otherwise the patient will be liable to pay the compensation paid as a penalty.

4.4 Medicterrean recommends that the patient insures against the risks of an accident, all types of damage resulting from an accident and treatment costs before this agreement comes into force. Should damage and secondary illnesses as well as medical emergencies occur in the area of after-treatment, Mediterran and the executing companies assume no liability. The patient is responsible for aftercare in their home country. Any liability on the part of Mediterran is completely excluded.

4.5  Medicterrean cannot be held responsible for any damage resulting from the non-fulfillment of the agreement or due to events of force majeure or unexpected events. Enforcement of major events provided for by law, events that constitute an obstacle to the initiation, continuation or termination of the contract, which are exceptional and unforeseeable, even if all measures are taken and the events over which Medicterrean has no influence are considered to be the main force.

 

5. PATIENT'S RIGHTS AND OBLIGATIONS

5.1  Medicterrean, as an agency, provides medical, travel, accommodation and transportation services to the patient.

5.2 The Patient is required to provide Medicterrean with accurate and clear information about their medical background by filling in the medical form available on the Website with their health information.

5.3 The patient is obliged to make the payment according to the agreement. The patient is personally liable for any delay caused by him. If such a delay creates additional costs or obligations for Medicterrean, the Patient shall pay such 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 or minor.

5.5 The patient is obliged to bear the costs in the event of free transfer to a facility agreed through Medicterrean and compulsory accommodation.

1. 1. By accepting this Agreement, the Patient agrees, represents and undertakes not to publicly attack or criticize (websites, social media networks, blogs, public forums) Medicterrean or any of its employees, collaborators or partners in relation to the Treatments of the Service Provider check etc.). and actions. As Medicterrean cannot be held responsible for the services, medical treatments and procedures provided by the Provider, the patient agrees, represents and undertakes not to give Medicterrean or its employees a bad name or take any action that adversely affects Medicterrean , its reputation, services or administration at any time during or after the contract period. In the event of a breach of this clause, the Patient agrees, represents and undertakes to remove and remove the Content immediately upon review by Medicterrean. If all or part of the content is retained, the patient agrees, represents and undertakes to pay £10,000.00 as a penalty to Medicterrean in addition to all damages.

 

6. CANCELLATION AND ASSIGNMENT OF CONTRACT

6.1  Medicterrean has the right to unilaterally terminate this Agreement in good faith. In the event of termination of the contract by Medicterrean, the patient will be reimbursed and documented and non-refundable for the amount he has paid, with the exception of mandatory taxes, fees and similar expenses arising from legal obligations and paid to third parties . In this context, the cancellation and change provisions of the companies with regard to the previously purchased flight, train and navigation tickets as well as accommodation costs remain unchanged. Penalties, if any, are reflected to the passenger, that is, the patient.

6.2 The patient is responsible for 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 late refunds of fees paid by credit card.

6.3 If one of the parties breaches the Agreement, the non-breaching party shall request the elimination of the breach of the Agreement within 7 (seven) working days by written notice through a notary public. The non-breaching party has the right to terminate the contract if the breach cannot be remedied within the specified period.

6.4 For the performance of the Agreement, Medicterrean has the right to transfer the Agreement, in whole or in part, to natural and legal persons with whom it is contractually bound. 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 and/or not accept the refund in the event of an adjournment.

6.6 If the Patient exercises their right of withdrawal under Article 6.5, the cancellation will take effect on the date Medicterrean receives written notice 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 case of cancellation, the patient's deposit will be retained as the reservation fee.

 

7. NON-DISCLOSURE AGREEMENT

7.1 "Confidential Information" that may be exchanged between parties means any information of the party they own that 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 ratings, financial reports, terms of contract, Records and all information and materials relating to the aforesaid party's business, all types of products, goods and services relating to itself, its shareholders, affiliated companies, other persons licensed by it , its patients and advisers, method of ordering these to obtain 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 all similar information.

7.2  Medicterrean and the patient accept and declare that the information provided to them is confidential, they will keep such information confidential in accordance with the Personal Data Protection Act and will not treat the information without the consent of the other party to organizations or institutions. Medicterrean shall have no legal obligation or liability as a result of the disclosure of information where there is a legal obligation to disclose information as required by law or where it is necessary for the performance of this Agreement.

7.3 The patient cannot make any adjustments on their behalf or on behalf of any other person by bypassing Medicterrean and contacting directly persons and companies from whom they receive medical services. The patient shall not disclose text messages, calls, conversations and pictures between him and Medicterrean on any platform and location without written permission. Failing this, the patient accepts, declares and agrees to pay £10,000.00 in cash as a penalty clause and at once in addition to any damages.

 

8. OTHER TERMS

8.1 Children aged 0-6 years are not provided with separate beds for hotel accommodation.

8.2 Since children over the age of 2 years are required to have a seat in transport, they are subject to a fee.

8.3 The Patient is required to follow and control their property during the Service Period and Medicterrean shall not be liable for any lost/stolen/damaged items. Medicterrean is not responsible for lost items and third party incidents such as hotel, transfer.

8.4  Medicterrean reserves the right to make changes or cancel 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 when traveling by air, the departure time or type of aircraft may change due to airline reasons and this has been accepted by the patient.

8.6 The accommodation establishment establishes a blockade. A passport and, depending on the federal state, a visa are required for trips abroad, even for babies. The patient accepts and states that Medicterrean has informed them of this issue.

8.7 Any additional service charges other than the type of accommodation specified under the Agreement are to be paid in cash by the patient upon check-out from the hotel.

8.8 It is obligatory to be at the meeting point half an hour before for road transport and two hours before for air transport.

8.9 The seat number is not assigned as part of contract processing, including transport. The seat number can be found on the transfer guide in the vehicle upon departure.

8.10 As the transfer service for air transport is an airplane + transfer package, this service only applies to the air transport packages that the patient has purchased from Medicterrean. The transfer service is not valid if the patient, for example, changes the plane or its departure time individually, or leaves the hotel early.

8.11 Pets are not allowed in the means of transport and in the facility.

 

9. GOVERNING LAW AND JURISDICTION

9.1 This agreement is governed by Turkish law. Courts and enforcement authorities in Istanbul are authorized to settle disputes arising from this contract.

9.2 A change in meaning or inconsistency between the provisions of this Agreement shall not invalidate any other provision. The parties are responsible for stamp duty on the copy of this Agreement in their possession.

​

10. EVIDENCE AGREEMENT

10.1 The Patient accepts, represents and undertakes that Medicterrean's records and books will serve as evidence of the disputes arising out of this Agreement and that he/she will not contradict these records and books and submit no other evidence.