Terms And Conditions
PARTIES
This Health Service Intermediation Agreement (“Agreement”) has been concluded by the free will of the parties on the date of signature between Dams Sağlık Hizmetleri A.Ş. and/or Omg Clinic by Clinichub on the one hand and the undersigned Patient (“Patient”) on the other hand and has entered into force on the date of signature. With the signing of the contract by the parties, the Patient accepts, declares and undertakes that he/she accepts all the provisions specified in the Agreement, understands and will comply with these rules specified in the Agreement.
Omgclinic has the right to make changes to this Agreement when it is necessary.
SUBJECT OF THE AGREEMENT
2.1 The subject of this Agreement contains the health tourism to be provided in Turkey by Omgclinic as an intermediary organization in accordance with the Patient’s request and the arrangement of all kinds of services such as physicians, hospitals, accommodation, travel, transportation, price and payment principles, rights and obligations of the parties. Omgclinic is not a service provider, but an intermediary organization for accessing service providers. The Patient accepts and declares that Omgclinic is an intermediary organization and not a service provider.
2.2 In accordance with the Agreement; the Patient accepts, declares and undertakes that he/she has been given preliminary information in accordance with the health tourism mediation to be given as a package by Omgclinic as an intermediary institution and that he will abide by this Agreement in accordance with the information given.
2.3 The patient knows that the service to be provided is an intermediary service, accepts, declares and undertakes that he knows that the potential conflict party is the main service provider for possible disruptions that may occur in the intermediary services provided under this Agreement, such as hospital, physician, transfer, accommodation.
2.4 The patient accepts and declares that the identity and contact information specified in this Agreement are correct, that he/she will inform Omgclinic clearly the correct information about whether there is a risky situation related to his current health condition, and that there is no health and travel restriction. Patient; accepts that Omgclinic does not have any liability and responsibility if he/she gives his/her identity and contact information incorrectly. In addition, if Omgclinic suffers any damage due to this reason, the patient accepts, declares and undertakes that he/she will immediately and without delay compensate for this damage, and that he/she will be contacted through the contact information provided by him/her. The patient is personally liable for the missing information and documents he/she has given.
2.5 In cases such as the Patient being late or missing transportation opportunities in the information and details given to the Patient by Omgclinic, all additional costs belong to the Patient.
CONTRACT PRICE AND THE PAYMENT
3.1 In return for the agency service to be provided by Omgclinic to the Patient, the Patient must first make a 30% down-payment. With this down-payment, the day of the necessary arrangements for the Patient is booked from the company and/or persons who will provide health, accommodation and transfer services on behalf of the Patient with a guarantee. Only the signing of this Agreement without down-payment does not cause an obligation for Omgclinic. Obligations to be fulfilled by Omgclinic under this Agreement arise with the down-payment.
3.2 Work and services that are out of scope of the Agreement, additionally requested by the Patient or to be performed after the health mediation service is provided by the Patient will be subject to additional fees. All fees and similar payments and charges arising from the contract shall be charged to the Patient. In case of default, interest of default payment will be requested.
3.3 The balance payment for all arrangements subject to the agency service must be paid to Omgclinic no later than the day of the operation. In the event that the Patient refuses to sign the contract or documents presented by the service providers after the reservation has been made by the Patient, or fails to fulfill the obligations agreed upon with the signature, the fee paid will not be refunded. In accordance with the provisions of this article, the Patient accepts, declares and undertakes that he/she will not demand the fee back. If the patient cannot benefit from travel, accommodation and transportation opportunities or health services on the dates agreed in this contract, if this situation will cause additional costs for Omgclinic, the additional cost will be paid to Omgclinic immediately by the Patient.
CLİNİCHUB’S RIGHTS AND OBLIGATIONS
4.1 In plastic surgery, dental, hair transplantation and general surgery or general health services, accommodation, travel and transportation services to be provided to the Patient by Omgclinic within the scope of the Agreement, Omgclinic will act as an agency and direct the Patient to the clinic and / or physician where health services will be provided.
4.2 The patient irrevocably accepts, declares and undertakes that Omgclinic does not have any legal liability for the health services that Omgclinic will benefit from other than the intermediary service, and that he/she will not hold Omgclinic responsible for all kinds of material and moral damages that may occur due to the health service. The patient accepts, declares and undertakes that he/she will receive all these services from Omgclinic as an intermediary firm.
4.3 The patient may not commit acts contrary to this article. The patient accepts, declares and undertakes that he / she knows that the service provider is liable for written health services and additional works that are not under the responsibility of Omgclinic. If there is a dissatisfied health service, the Patient cannot take any negative action against Omgclinic, otherwise he / she will be held responsible for paying a penal clause in proportion to the service fee paid.
4.4 Omgclinic advises the Patient to insure the damages and treatment costs arising from accidents, diseases and all kinds of accidents before this Agreement enter in force, and the Patient guarantees to Omgclinic that he / she has insured or will insure himself / herself against all possible risks.
4.5 Omgclinic cannot be held liable for damages arising if it fails to perform the Agreement at all or as required due to force majeure and unexpected events. Force majeure situations in the laws, situations that arise due to extraordinary and unforeseeable events and prevent the commencement, continuation or termination of the Agreement despite having taken all necessary care and precautions, and situations that Omgclinic has no effect on the event occurring will be considered force majeure.
RIGHTS AND OBLIGATIONS OF THE PATIENT
5.1 Omgclinic will provide the Patient with the health service, travel, accommodation and transportation to be received by the Patient as an agency.
5.2 The Patient is obliged to provide all health information to Omgclinic accurately and clearly by filling out the medical form available on the website. In the event that the Patient under-reports or fails to report the current medical condition of the Patient, all legal responsibility shall be borne by the Patient.
5.3 The Patient is obliged to pay the contract price as specified in the Agreement. The Patient is personally responsible for all delays caused by him/her. If this situation causes additional costs and obligations to Omgclinic, the costs and expenses will be paid to Omgclinic by the Patient.
5.4 If the Patient is a minor, he/she must provide Omgclinic with information that will enable direct communication with the responsible person who is the minor or the minor’s legal representative.
5.5 The patient is obliged to provide free transportation to another place agreed through Omg Clinic and to cover the expenses incurred in case of compulsory accommodation.
5.6 The patient knows that the services received through Omgclinic are not guaranteed, in case of problems with these services, he / she will first notify Omgclinic in writing, and accepts, declares and undertakes that he / she will take action against the relevant service provider with Omgclinic’s assistance and guidance. If the patient takes any action against Omgclinic instead of the service provider, this will be considered a material breach of the Agreement and agrees, declares and undertakes to pay a penalty of GBP 10,000.00 in addition to all damages.
TERMINATION AND ASSIGNMENT OF CONTRACT
6.1 Omgclinic has the right to unilaterally terminate this Agreement in accordance with good faith. In the event that the contract is terminated by Omgclinic, the amount paid by the Patient will be refunded to the Patient, excluding the costs arising from obligatory taxes, duties and similar legal obligations, and the non-refundable amounts that have been documentably paid to third parties. Also within this scope, the Cancellation and change rules of the relevant companies are applied for previously purchased flight, train and ship tickets and accommodation. In this case, the existing penalties will be reflected to the Patient.
6.2 In refunds to be made through the bank, the bank transfer fee will belong to the Patient. The Patient shall not be entitled to any compensation for this. Omgclinic cannot be held responsible for delays in the return of the amounts paid by credit card.
6.3 In the event that one of the parties violates the Agreement, the other party requests that the breach of contract be resolved within 7 (seven) business days with a written notice through a notary public. If the breach of the Agreement is not fully resolved within this period, the relevant party has the right to terminate the Agreement.
6.4 Omgclinic has the opportunity to have the contract partially or completely contracted natural persons and legal persons for the performance of the Agreement. In this case, the successor in respect of the transferred part is the relevant natural person or legal entity.
6.5 The patient may not rescind this Agreement unless he/she declares with a complete and acceptable apostilled and valid medical report that he/she is unable to receive health services due to other health reasons. In the circumstance Omgclinic has the right to make deductions and/or refuse to accept for postponement.
CONFIDENTIALITY
7.1 Between the Parties, “Confidential Information” means all information that is a trade secret and/or proprietary information of the Party that owns it; these include but not limited to below; design information, technical information, trade secrets, ideas and inventions, projects, drawings, models, software programs, algorithms, software modules, program source codes, technical specifications, product plans and technologies, software user manuals, marketing information, patient lists, forecasts and assessments, financial reports, contract provisions, records and all information and materials related to the business of the Party in question, all kinds of products, goods and services, methods used to obtain them, trade secrets, all kinds of formulas, know-how, patents, inventions, designs, Patient lists, budgets, business development, marketing and pricing plans and strategies and all similar information regarding itself, its shareholders, affiliates, other persons to whom it has licensed, its Patients and consultants.
7.2 Omgclinic and the Patient accept and declare that the information given to them is confidential, that they will keep this information confidential and keep it confidential in accordance with the Law on the Protection of Personal Data, and that they will not share the information with any institution or organization without the consent of the other party. Omgclinic has no legal obligation or responsibility for sharing confidential information in cases where it is legally obligatory to share it in accordance with the legal legislation or in urgent cases for the performance of this contract.
7.3 The patient cannot bypass Omgclinic and make arrangements on behalf of himself/herself or someone else by directly contacting the persons and companies from whom he/she receives health services. The patient cannot disclose messages, conversations and images with Omgclinic anywhere without written permission. Otherwise, in addition to all damages, he / she accepts, declares and undertakes that he / she is obliged to pay the penal clause of GBP 10,000.00 fully paid in cash to Omgclinic.
MISCELLANEOUS
8.1 Separate beds are not provided for children aged 0-6 years in hotel accommodation.
8.2 Since there is a seat obligation for children over 2 years of age in transportation vehicles, it is subject to a fee.
8.3 The patient is obliged to follow and control the belongings with them during the service period, and Omgclinic is not liable for lost/stolen/loss items. Omgclinic is not liable for lost items and incidents experienced in third parties such as hotels and transfers.
8.4 Omgclinic has the right to make any changes in the program, accommodation facilities, transportation vehicles or cancel them due to force majeure or operational reasons. In this case, the approval of the reservation holder is not required and he/she shall not be entitled to cancellation or compensation.
8.5 In airline transportation, special warnings and information have been made during the Agreement that the hour of flight or aircraft type may change due to reasons arising from the airline company and this situation have been accepted by the Patient.
8.6 The facility makes the room blockage in accommodation facilities. Passports and visas are required for overseas business, including babies, depending on the country. It has been accepted and declared by the Patient that Omgclinic has informed the Patient about this situation.
8.7 The cost of all kinds of extra services out of the scope of the accommodation type specified within this Agreement is paid in advance by the Patient at the time of check-out from the hotel.
8.8 It is obligatory to be at the meeting place half an hour before departure for road transportation and two hours before departure for airline transportation.
8.9 No seat number is given within the scope of the performance of the Agreement including transportation. The seat number is learned from the transfer guide on duty in the vehicle during departure.
8.10 Transfer service in flight transportation; Since it is a flight + transfer package, it is only valid in the flight transportation packages that the Patients have purchased from Omgclinic. Transfer service will not be valid in cases such as the Patient changing his/her flight individually or checking out of the hotel early.
8.11 Pets are not allowed in transportation vehicles and the facility.
GOVERNING LAW & DISPUTE RESOLUTION
9.1 This agreement is subject to Turkish law. Istanbul Courts and Enforcement Offices are authorized to resolve disputes arising out of this Agreement.
9.2 Any change in meaning or contradiction between different clauses of this Agreement shall not invalidate any clause. The Parties shall be responsible for the stamp tax of the copy of the Agreement remaining in their possession.
EVIDENCE AGREEMENT
10.1 The patient accepts, declares and undertakes that Omgclinic’s records and books will be evidence in potential disputes arising from this Agreement, that he / she will not object to these records and books and will not present evidence other than these.
