MEDICAL SERVICE BROKERAGE AGREEMENT
This Medical Service Brokerage Agreement (Agreement) has been executed on the date of signature by and between Medkor Sağlık ve Bilişim Hizmetleri A.Ş. (Esthetic Avenue) and the undersigned Client (the Client) with the free will of the parties. With the acceptance of the Agreement, the Client hereby accepts, declares, and undertakes that he/she understands these rules and will comply with them. Esthetic Avenue has the right to amend this Agreement when necessary.
Service Provider: It refers to the real and/or legal persons who provide all kinds of necessary services such as doctors, hospital, accommodation and transportation to the Client in order to provide this service to the Client regarding health tourism services. In this respect, the Service Provider is not Esthetic Avenue. The real and/or legal persons that the Client receives direct service from are the Service Providers.
Client: The person who applies to Esthetic Avenue on the purpose of reach Service Provider and Hospital to benefit the health care in Turkey, and refers who is the party of this Agreement.
Hospital: It is a health facility where the Clients are directed by the Service Provider and has the necessary competence to provide the health service that the Client wants to receive health care.
Hotel: It is the accommodation facility where the Clients are directed by the service provider and is the place where accommodation service is provided to the Client within the scope of this Agreement.
Transportation: It refers to the necessary transportation services (airport transfer,inner city transfer) organized by the Service Provider for the Customer to benefit from the health tourism service within the scope of this Agreement.
3. SUBJECT OF THE AGREEMENT
3.1 This agreement regulates medical tourism in Turkey which Esthetic Avenue serves as an intermediary company in accordance with the Clients 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. For the avoidance of doubt, it should be noted that Esthetic Avenue is not a Service Provider, but an institution that serves as an intermediary to reach Service Providers.
3.2 In accordance with the Agreement, the Client 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 Esthetic Avenue and that he/she will comply with this Agreement in accordance with the information provided.
3.3 The Client acknowledges that the service provided by Esthetic Avenue 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 arrangements, medical attendant, transfer arrangements and accommodation arrangements.
3.4 Within the scope of the Agreement, the Client accepts, declares, and undertakes that the Client gave his/her personal identity and contact information correctly, that he/she does not have any health and/or travel obstacles. The Client is obliged to sign the Client consent form for the health service he/she will receive, without using any pseudonyms, by writing his full and correct name and surname appearing in the official records. In the event of giving missing or incorrect information, Esthetic Avenue does not have any obligation or liability, that, if Esthetic Avenue 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 Client is personally liable for the missing information and documents provided by him/her.
3.5 In line with the information and details given to him/her by Esthetic Avenue, in cases where the Client is late or misses the transportation and Service Provider facilities, all additional costs will be covered by the Client
4. AGREEMENT PRICE AND METHOD OF PAYMENT
4.1 In return for the intermediary service to be provided to the Client by Esthetic Avenue, the Client must first make a 15% to 25% prepayment. The prepayment to be made by the Client will not be refunded even if the Client gives up receiving health services or terminates the Agreement. With this prepayment, the day of the necessary arrangements for the Client is reserved as guaranteed by the company and/or persons who will provide the arrangements of the Hospital, Service Provider, accommodation, and transfer services on behalf of the Client. Signing this Agreement without making any prepayment does not create any liability for Esthetic Avenue.
4.2 Services which are not included; additional doctor consultations, extra assessments, blood transfusion, extra accommodation, extra transportation service and all other extra services in this Agreement or which will be performed after the Client been has 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 Client. In case of default, the default interest payment will be requested.
4.3 Balance payment concerning all arrangements subject to intermediary service is payable to Esthetic Avenue until the day of operation. In case the Client makes the full and complete payment subject to this contract, the payment must be approved by Esthetic Avenue's Finance Department 15 Days Before the operation. If the Client wishes to make the payment by credit card on the day of the operation, he/she accepts, declares and undertakes that he/she must pay a commission of 2% of the payment.
4.4 If the Client makes the payment in cash on the day of the operation, Esthetic Avenue will deposit the relevant payment into the bank on behalf of the Client, since the payments exceeding 7.000-TRY with the Tax Procedure Law General Communiques are obligatory to be made through financial institutions. The link to the relevant legislation is below.
4.5.Once the reservation is made, there will be no refund of the fee if the Client refrain from signing any contracts or documents submitted by Service Providers, fails to fulfill his/her obligations agreed and signed, and in any similar cases. If the Client cause additional cost to Esthetic Avenue 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 Esthetic Avenue immediately by the Client.
4.6 When the Client comes to turkey, he/she must make full and complete payments. If the Client's operation is canceled for any reason caused by the Client, doctor or hospital; hotel, hospital, transportation expenses plus administration fee amount of £ 200 (Two Hundred Great Britain Pound) are deducted and the Clients payment is refunded with this way.
1 RIGHTS AND OBLIGATIONS OF ESTHETIC AVENUE
5.1 Esthetic Avenue will act as an agency for aesthetic, cosmetic, ent, dental, hair transplantation and general surgery or general healthcare services, accommodation, travel, and transportation services which will be provided to the Client under this Agreement and will direct the Client to the clinic and/or to the medical attendant where the healthcare will be provided.
5.2 The Client irrevocably agrees, declares, and undertakes that Esthetic Avenue has no legal obligation, except intermediary service, for medical services that will be provided to the Client and that he/she will hold Esthetic Avenue harmless of any and all pecuniary or non-pecuniary damages arising from medical services. The Client agrees, declares, and undertakes that he/she will get all these services from Esthetic Avenue as an intermediary institution.
5.3 The Client cannot take actions incompatible with this article, the Client accepts, declares, and undertakes that the Service Provider is liable for medical services and additional services which are not under the liability of Esthetic Avenue. The Client cannot take any negative action against Esthetic Avenue because of his/her dissatisfaction with medical services provided, otherwise, the Client will be under obligation to pay, as a penalty, the amount of remuneration paid.
5.4 Esthetic Avenue recommends the Customer to insure the possible risks related to the operation to be realized within the scope of this contract, the risks of accident that may occur during the accommodation or transportation of the customer, and all kinds of material and moral damages, bodily damages and treatment costs arising from the possible risks, before this Agreement enters into force.
5.5 Esthetic Avenue 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 constitute 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 Esthetic Avenue does not have any impact on will be regarded as force major.
5.6 In cases the date of operation is postponed, the deposit paid by the customer is valid for 1 year from the date of payment. If the postponed process takes longer than a year, the Client accept, eclare and undertakes that pay a deposit again.
1 RIGHTS AND OBLIGATIONS OF THE CLIENT
6.1 Esthetic Avenue, as an intermediary firm will mediate to provide medical service, travel, accommodation, and transportation services to the Client.
6.2 The Client is obliged to inform Esthetic Avenue of his/her medical background correctly and clearly by filling the medical form that is available on the website with his/her health information.
6.3 The Client is obliged to make payment as specified in the Agreement. The Client is personally liable for any delay caused by him/her. If such delay causes Esthetic Avenue any additional cost or obligation, the Client must pay these costs and expenses to Esthetic Avenue.
6.4 If the Client is a minor, it is obligatory to provide Esthetic Avenue with the contact information which can be used for direct communication with the legal representatives of minor or minor.
6.5. Esthetic Avenue, as an agency, will intermediary to provide medical service, travel, accommodation and transportation services to the Clients who are over the age of eighteen(18), if the Client is not over the age of eighteen the Clients' parents must be present with the Client and they have to sign a consent letter giving authorization to Esthetic Avenue for all abovementioned processes. The Clients' parents who are under the age of eighteen will be billed separately for accommodation and transportation.
6.6.The Client is obliged to cover the expenses in case of a free-of-charge transfer to a facility agreed over Esthetic Avenue and compulsory accommodation.
6.7. By accepting this Agreement, the Client agrees, declares, and undertakes not to attack or criticize Esthetic Avenue or any of its employees, associates, or partners publicly (review websites, social media networks, blogs, public forums, etc.) in regards to Service Providers treatments and actions. As Esthetic Avenue cannot be held responsible for the services, medical treatments, and procedures provided by the Service Provider, the Client agrees, declares, and undertakes not to bring bad name to Esthetic Avenue or any of its employees or take action that negatively affects Esthetic Avenue, its reputation, services or management at any time during or subsequent to contract period. In case of breach of this clause, the Client agrees, declares, and undertakes to remove and take down the content immediately upon Esthetic Avenues assessment. If the content remains, in part or in whole, the Client agrees, declares, and undertakes to pay 10.000,00 GBP to Esthetic Avenue as a penalty in addition to all damages.
1 CANCELLATION AND ASSIGNMENT OF THE AGREEMENT
7.1 Esthetic Avenue has the right to cancel this Agreement unilaterally in line with the goodwill. In case of cancellation of the Agreement by Esthetic Avenue, the Client 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 the passenger, namely the Client.
7.2 The Client will cover the bank transfer fee for refunds that will be made through a bank. Esthetic Avenue does not have a right to compensation for this. Esthetic Avenue cannot be held liable for any delay of refund of fees paid by credit card.
7.3 If one of the parties violates the Agreement, the non-breaching party requests for the elimination of the breach of the Agreement within 7 (seven) workdays by written notice via notary public. The non-breaching party has the right to cancel the Agreement if the breach cannot be eliminated within the given period of time.
7.4 For the performance of the Agreement, Esthetic Avenue has the right to assign the Agreement partially or fully to real and legal persons with whom it is contracted. In such a case, the successor for the assigned parts is the related real person or legal entity.
7.5 The Client does not have a right of recission and/or a right of cancellation unless he/she explains the reasons that he/she cannot receive 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. Esthetic Avenue reserves the right to deduct the refund fee (apply administrative fee as £ 150 (Hundred and Fifty Great Britain Pound)] and/or not accept the case of adjournment.
7.6 If the Client uses his/her cancellation right in accordance with article 7.5, the cancellation will take effect from the day on which Esthetic Avenue receives written notification of Clients 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, Clients deposit will be kept as a reservation fee.
1 CONFIDENTIALITY AGREEMENT
8.1 Confidential Information that can be exchanged 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, Client lists, estimations and evaluations, financial reports, contract terms, records and all information and materials related to aforesaid Partys business, all kinds of products, goods and services related to itself, its shareholders, affiliates, other persons licensed by itself, its Clients and consultants, method used to obtain these, trade secret, any kind of formula, know-how, patent, invention, design, Client lists, budget, business development, marketing and pricing plans and strategies and all similar information.
8.2 Esthetic Avenue and the Client 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. Esthetic Avenue 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.
8.3 The Client cannot make adjustments on his/her behalf or on behalf of another person by bypassing Esthetic Avenue and directly contacting persons and companies from which he/she receives medical service. The Client cannot disclose text messages, calls, conversations, and images between him/her and Esthetic Avenue on any platform and anywhere without written permission. Otherwise, the Client accepts, declares, and undertakes that he/she is obliged to pay 10.000,00 GBP as a penalty clause in cash and at once in addition to all damages.
1 OTHER TERMS
9.1 Children who are 0-6 years old are not given separate beds for hotel accommodations.
9.2 Since there is a seat requirement in means of transportation for children who are over 2 years old, they are subject to fees.
9.3 The Client has obligation to follow and control his/her belongings during the service period, and Esthetic Avenue is not liable for lost/stolen/damaged belongings. Esthetic Avenue is not liable for belongings lost and events experienced by third parties such as hotels, transfers.
9.4 Esthetic Avenue reserves the right to make any adjustments or to cancel its program, accommodation facilities, and means of transportation due to force major or operational reasons. In such a case, the reservation owners approval is not necessary and he/she does not have the right to cancel or compensation.
9.5 The Client 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 Client.
9.6 The accommodation facility establishes blockage. A passport and depending on the state a visa is required, including babies, for foreign trips. The Client accepts and declares that he/she is informed by Esthetic Avenue about this issue.
9.7 All additional service fees other than the type of accommodation specified within the scope of the Agreement shall be paid by the Client in cash during the check-out from the hotel.
9.8 It is compulsory to be present at the meeting point half an hour before for road transport and two hours before for airway transport.
9.9 Seat number will not be given within the scope of execution of the Agreement including transportation. The seat number shall be learned from the transfer guide in the vehicle during the departure.
9.10 Since the transfer service for airway transportation is a plane + transfer package, this service is only valid for the airway transportation packages that the Client has purchased from Esthetic Avenue. Transfer service will not be valid in cases such as when the Client individually changes the plane or its departure time or leaves the hotel early.
9.11 Pets are not allowed in the means of transport and in the facility.
1 APPLICABLE LAW AND JURISDICTION
10.1 This Agreement is subject to Turkish law. Istanbul Courts and Execution Offices are authorized to resolve the disputes arising from this Agreement.
10.2 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.
1 EVIDENTIAL AGREEMENT
The Client accepts, declares, and undertakes that Esthetic Avenues records and books will be evidence for the disputes arising from this Agreement, that he/she will not object to these records and books, and will not present any other evidence.