TERMS AND CONDITIONS

INTRODUCTION

Clineca provides health tourism services and carries out intermediary services so that people who want to receive services can receive health care under the best conditions. This contract regulates the conditions of the relationship between the people who will receive health care services through Clineca and Clineca, and the responsibilities of the parties. Every person who demands to receive health services through Clineca must accept the terms in this contract. By accepting this contract, patient candidates legally accept the application of the conditions in the contract at all stages of the service they will receive from Clineca Health Tourism JSC. Persons who do not accept these conditions will not be able to receive service from Clineca. The terms and conditions are as follows:

DESCRIPTIONS

Contract : This contract.

Clineca : Clineca Health Tourism JSC, located at the address of Acıbadem Mahallesi Şehit Şükrü Sokak, No:2AE, 34660 Üsküdar / Istanbul Turkey.

Patient : A customer receiving healthcare from Clineca.

Physician : The health professional who will provide health care.

Service Provider: The organization that will provide health care.

SCOPE OF THE SERVICE TO BE PROVIDED AND CLINECA'S RESPONSIBILITIES

2.1. Clineca facilitates consultation and/or dialogue between Patient and Physician. Clineca provides the patient with preliminary information about the procedures requested, and provides support such as transportation and accommodation if the procedure is approved.

2.2. Under the Contract, Clineca will provide support in:

  • a) Detailed information about the Patient's package

  • b) Detailed information about the cost of the package

  • c) Detailed information about visa and passport requirements (this information can also be obtained from https://www.evisa.gov.tr/en/)

  • d) Information on health formalities required for travel and accommodation

  • e) Times and locations of intermediate stops and transport links for the journey.

  • f) The name, address and telephone number of the Physician, the Patient's Service Provider or an agent in that area where the Patient can call for assistance.

2.3. Clineca is an intermediary health tourism institution, not a health institution. Clineca does not provide medical advice or operate or control any Service Provider facilities or service provided by them. Treatment is carried out under a contractual relationship between the Patient and the Service Provider providing the treatment. The patient acknowledges that Clineca is not medically qualified, and that Clineca is not responsible for any medical procedure provided through the Service Provider it has chosen and for the medical consequences of such procedure. Clineca shall not be liable or liable for any misconduct, negligence or other claims, complications, dissatisfaction that may arise directly or indirectly from any care, treatment or other services provided by the Service Provider or its advice. The patient undertakes to carefully read the terms and conditions and consent forms of the Service Provider before the treatment requested, to receive the necessary advice and guidance from the Service Provider and the Physician regarding the suitability of his own health conditions and demands, and to act accordingly. Programs and informative documents that Clineca will present to the Patient are part of the Contract, and the Patient undertakes to read these documents prior to booking.

2.4. Treatment plans offered by Clineca through email exchanges, phone calls, or video calls are based entirely on information (i.e. pictures, test results, prescriptions, x-rays, etc.) provided by the Patient and reviewed by the Service Provider. Therefore, when the Service Provider personally examines the Patient prior to treatment, the Patient's treatment plan may change or the Service Provider may refuse to administer treatment. If such a change occurs, the Patient has the option to discontinue the recommended treatment. In such cases, the Patient will be reimbursed after deductions have been made for tests, consultations and other expenses. Costs related to services performed by third-party providers such as travel, accommodation, transfer are not provided by Clineca, and Clineca is not responsible for reimbursing the Patient for such expenses.

2.5. If the patient wishes to continue with a new treatment plan, Clineca provides a revised price quote, taking into account the Service Provider's costs, such as new accommodation and travel expenses. Clineca is not responsible for any irregularities, impossibilities and additional costs that may arise due to the patient changing the treatment plan.

2.6. Non-Disparagement: The patient agrees not to publicly attack, disparage, or criticize Clineca or its directors, officers, employees, or partners (including but not limited to posting negative comments on any website, social media). Since Clineca cannot be held responsible for the Service Provider's treatments and actions, the Patient agrees not to disparage Clineca or any employee, or take actions that adversely affect Clineca's reputation, goodwill, services or management, at any time during or after the Contract period. In case of violation of this article, the Patient undertakes to immediately remove the aforementioned abusive and harmful content, as well as to compensate all material and moral damages of Clineca.

2.7. As an intermediary organization, Clineca does not operate or control the services offered by the Service Provider, hotel, travel or transfer companies. By accepting the Contract, the patient acknowledges that Clineca is only an intermediary, and that the service provided by third parties and damages resulting from this service are not covered by any warranty by Clineca. The patient undertakes to read and accept all terms and conditions of third-party providers prior to booking from Clineca.

2.8. If Clineca is required to cancel or change the Patient's reservation, it shall promptly notify the Patient. In such cases, the Patient may choose to reschedule treatment with Clineca or cancel the reservation and receive a refund after deductions. However, Clineca is not responsible for any indirect costs and damages that may arise in case of cancellation or change of reservation. Again, Clineca will not be liable for any damage to the Patient in force majeure situations beyond its control. Force majeure includes but is not limited to flight delays or cancellations, terrorist incidents, war, civil unrest, strike, natural disasters such as hurricanes, floods, earthquakes, epidemics; all kinds of judicial and administrative sanctions that will affect travel, accommodation and treatment processes.

THE PATIENT'S RESPONSIBILITIES

3.1. Before accepting the Contract, the patient is obliged to read all the information resources provided to him, including the information on Clineca's website, to consult Clineca if there are any issues he does not understand, to clear up any question marks, and to obtain information about the terms and results of the Contract.

3.2. Having a valid and acceptable passport, visa if necessary; ensuring to have other documents required for travel, accommodation and treatment, sending passenger information to the airline before travel if requested by the airline, providing entry requirements for both final destination and transfer points, providing the necessary information and documents requested by Clineca and the Service Provider are the Patient's responsibility.

3.3. In case The Patient does not fulfill the above responsibilities, provides incorrect information or documents provided or misses the flight; The Patient will be responsible for any damages such as refusal to enter the country, payments for early return flight, disruption of the foreseen processes or imposing sanctions on the Patient. The Patient accepts and declares that Clineca will not have any responsibility in these cases, and that Clineca will not be liable for any compensation, expense or reimbursement.

3.4. The patient undertakes to conduct necessary research on health needs and recommended vaccinations prior to travel. Clineca recommends obtaining information at the following websites, among other resources: www.fco.gov.uk, www.hpa.org.uk, www.nathnac.org, Clineca also recommends seeking advice from the local general practitioner.

3.5. Clineca advises that the Patient maintain an insurance policy with an insurer. Such a policy should comprehensively address potential liabilities, including but not limited to travel interruptions, medical adversities, and financial ramifications stemming from bankruptcy. All obligations and consequences arising from the Patient’s failure to secure adequate insurance shall be borne solely by the Patient.

MEDICAL HISTORY AND RECORDS

4.1. Before starting the journey, the patient sends the information and documents requested from him regarding his medical history to Clineca. Clineca forwards this information and documents to the Service Provider chosen by the Patient in order to check the Patient's suitability for treatment. The Patient agrees to share all requested records such as pictures of his medical history, test results, prescriptions, x-rays with Clineca and the Service Provider. The Patient agrees and declares that in case these records and the declared information are incomplete and inaccurate, Clineca will not be responsible for any negative consequences that may arise accordingly.

4.2. The patient allows Clineca to receive the patient file (including the treatment plan, examination and treatment results, and pre- and post-treatment pictures) from the Service Provider for the records that Clineca will create. Clineca undertakes not to use, sell or transfer this information to third parties for any purpose other than to provide the requested services and for the purposes authorized by the Patient.

PAYMENT

5.1. Depending on the treatment package requested by the Patient, the services to be provided and the offer for them will be determined by Clineca. Details such as payment terms, expenses covered by the payment, amount of the payment will be submitted to the Patient by Clineca in a separate form.

5.2. The tests and medical procedures deemed necessary due to the patient's medical history, special conditions or unforeseen circumstances will be subject to additional charges. Likewise necessity of staying at the hospital for more than one night will be subject to additional charge.

5.3. When the patient accepts the Contract and the proposal, they pay the deposit that Clineca will require to make the reservation. The patient pays the remainder of the payment before leaving his/her country. Payment processes and methods will be submitted by Clineca in a separate form. If the patient does not fulfill his/her responsibilities in this “payment” section, he/she is in breach of the Contract and Clineca is not obliged to provide any service.

CANCELLATIONS

The patient can cancel their reservation at any time by notifying Clineca in writing. Cancellation will be effective from the date on which written notice of cancellation is received by Clineca. The scale of fees payable will depend on when notice of cancellation is received. Without prejudice to the provision number 2.8. of this Contract, in the event of cancellation, the deposit will remain with Clineca as the reservation fee. Detailed results of the cancellation and possible deductions will be submitted to the Patient along with the treatment booking form.

PERSONAL DATA PROTECTION AND PRIVACY

7.1. Clineca stores the Patient's personal data, including medical records, with the highest sensitivity. Clineca does not use or disclose this data for any other purpose, sell or rent. Details on the use of personal information are available in the Privacy Policy on Clineca's website, and the Patient declares that he/she has read and accepted this policy.

7.2. Clineca is committed to complying with the data protection legislations applicable in the UK and Turkey to ensure Patient confidentiality. It can be used to promote The Patient's before and after treatment pictures, to improve Clineca's website, to provide necessary services to patients and the results of treatments, and to conduct research and analysis for product development. Details regarding privacy and data usage areas are included in the Privacy Policy and specific contracts to be submitted to the Patient, and the Patient declares that he/she accepts these conditions.

APPLICABLE LAW AND JURISDICTION

This Contract is governed by Turkish Law and is subject to the exclusive jurisdiction of Turkish courts.

ENFORCEMENT

The patient candidate who communicates with Clineca is deemed to have read and accepted this Contract.