This policy was published on January 11, 2021. It will take effect on january 16, 2020. The previous version of this policy can be viewed here.
1.A Your Account with saferhealthtravel.com You’ll need to create an account with saferhealthtravel.com to use some of our Services. Here are a few rules about accounts with saferhealthtravel.com:
A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision.
Children under 13 years are not permitted to use saferhealthtravel.com or the Services. You are responsible for any and all account activity conducted by a minor on your account. For more information, see saferhealthtravel.com’s Minors Policy.
B. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
D. You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
F. Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and saferhealthtravel.com
DISTANCE SALES AGREEMENT
ARTICLE 1: DEFINITIONS
“CONSULTANT” means the company described in Article 2 that provides consultancy services via its website;
“CUSTOMER” means any real person without Turkish nationality who wants to receive consultancy services to improve the legislation, medical and technical decision-making processes related to health tourism and sends his consultancy service requests to the website based on the package content purchased from the website;
“WEBSITE” means the website www.saferhealthtravel.com;
“SOLUTION PARTNERS” mean all professionals from whom the Consultant receives support to fulfill his responsibilities under this Agreement;
“PARTIES” mean the Consultant and the customer;
“FEE” means the compensation for “package contents ” detailed on the consultant’s website;
“FORM” means the form filled out by the customer on the website, containing the information required for the consultant to prepare the requested report;
“REPORT” means the digital PDF file that is downloaded and delivered to the customer from the link provided on the website and contains the information prepared by the consultant based on research and evaluation;
“ONLINE MEETING” means that the questions submitted to the consultant in writing are answered by the consultant also in writing;
“FACE-TO-FACE MEETING” means that the consultant’s solution partners will be present at the hospital or clinic when the customer is about to sign documents in order to inform and support the customer;
“CLASSIFIED INFORMATION” means any information disclosed by the customer to the consultant or vice versa;
Article 2. Parties
This Agreement is concluded between the consultant who provides technical, medical and legislative consultancy services aimed at improving the independent decision-making processes of the individuals who are considering to receive health care services, and the person (customer) who purchases the consultancy services in return for the predetermined fees.
The consultancy services on the website are not provided to Turkish citizens, and the payment of Turkish citizens will be refunded without the delivery of any consultancy service. Any report submitted to any person who files an application using a foreign national fake name and concealing his Turkish nationality will be null and void and the Agreement will be deemed terminated and the fee will not be refunded as a penal clause.
Name and Surname
Name Surname #
Phone Number: #
E-mail address: #
Article 3. Subject and Scope of the Agreement
This Agreement is drawn up in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts. The Parties hereto acknowledge and represent that they know and understand their obligations and responsibilities under this Agreement arising from the Law and the Regulation on Distance Contracts. This distance sales agreement is valid for consumer customers.
The subject of this Agreement involves the determination of the mutual rights and obligations of the Parties in accordance with the provisions of the law and the regulation of distance agreements regarding the sale and performance of the consultancy service with the qualifications specified in the Agreement and the product page, where the customer has placed an online order on the website of the consultant for the purchase of the consultancy services.
Article 4. Contractual Services
Information such as the name, type, sales price of the services subject to this Agreement are as follows:
Pre-Travel Package: Delivery by the Consultant of the report in a digital PDF file, prepared as a result of the research and evaluations of the consultant, to the customer via the user account page on the website and/or e-mail, depending on the form filled in by the customer after purchasing this consultancy service.
Document Evaluation Package: Delivery by the Consultant of the report in a digital PDF file, containing matters that are evaluated to be against the interests of the customer, via the user account page on the website and/or e-mail after the customer delivers to the Consultant the documents that need to be read and/or signed before and/or after the medical application.
Face-to-Face Package: A maximum of 2 hours face-to-face meeting held between the customer and the consultant’s solution partners at the specified date & hour after the customer informs the consultant of the date and hour when he will sign the documents related to the medical application.
Online Interview: Submission of additional questions requested by the customer to the consultant in writing, notifying the charge for the service to be provided by the consultant and delivery of the consultant’s opinions in a digital PDF file to the customer on the user account page on the website and/or e-mail after the customer makes the required payment.
Article 5. Duration of Agreement
The mutual rights and obligations of the Parties will become effective once the consultancy service package is selected on the website, the information requested for the provision of the service is provided by the customer completely and accurately, the customer pays the required consultancy fee, the consultant notifies the customer of the confirmation that the information provided is sufficient and will be terminated when the selected report is delivered or the consultancy service is completed.
Reports will be prepared and submitted within 7 to 14 days.
If the person/institution refuses to provide some information that will be evaluated by the consultant, the customer is informed that the person/institution does not want to disclose this information. If the customer still decides to receive health services from that person/institution, it will be sufficient to share with the customer for which questions the answers will be obtained from the person/institution.
In case of an additional online interview request from the customer, the Agreement period will start when the customer prepares the extra questions and sends them to the consultant, the consultant determines the price of the answers to these questions and sends them to the customer, and then the customer agrees to and pays this fee and end with the delivery of the report containing the answers within a week.
In case of a face-to-face meeting request, it will end when the consultant approves the request, the consultant’s solution partners are present at the predetermined place, date& hour and the customer is notified of the matters found to be important in the documents to be signed by the customer maximum within 2 hours.
Article 6. Agreement Price
The fee to be paid for the consultancy services specified in this Agreement is the amount specified on the relevant service package page of the website. Customer will pay the fee specified in the consultancy service package to be selected from the products that constitute the subject matter of this Agreement when he is directed to the payment page of the consultant.
Customer will only be able to benefit from the report after the payment terms are accepted, the payment is made and the consultant approves the sales of service.
Consultant will start to perform the service after the consultant confirms the purchase of service and thus, any refund will not be made for any reason, including the termination of Agreement.
Article 7 Payment Terms
Consultant will forward the invoice for the purchased service to the e-mail address notified by the customer.
Customer, consultant or third parties approved by the consultant may store the Customer’s credit card and payment information in order to make payment transactions or bank integration and the required updates.
Article 8 Product Delivery and Delivery Method
In the Pre-Travel Package, Document Evaluation Package and Online Interview packages, the consultancy service purchased by the customer will be provided to the customer with the delivery of the report in a digital PDF file via the user account page on the website and/or e-mail.
In the face-to-face meeting package, a contract will be established when the customer notifies the consultant’s solution partners of the date & hour when the customer requests the accompaniment; the consultant confirms this date of appointment according to his availability, and the payment is made accordingly. It will terminate once the consultant provides a 2-hour consultancy service by accompanying the customer at the predetermined place and date.
Article 9 Right of Withdrawal
For Instant Services: In accordance with Article 15 of the Regulation on Distance Contracts promulgated in the Official Gazette numbered 29188 and dated 11/27/2014 and the clause “Contracts for services performed instantly on electronic environment and intangible goods delivered immediately to consumers , online consultancy services provided by the consultant are among the services that constitute the exception of the right of withdrawal and when the customer makes the payment and provides the information to be investigated and subsequently, the consultant confirms the purchase of service, this will be accepted as an approval for the commencement of the service, and thus, the right of withdrawal may not be used in contracts related to these services.
The right of withdrawal may not be exercised in the contracts regarding the on-site consultancy service in the scope of the Face-to-Face Meeting Package, which is planned to be delivered at a particular place and date, due to the reservation and payment that the consultant will make to the solution partners on such particular date.
Article 10 Rights and Obligations of the Parties
a) Rights and Responsibilities of the Consultant:
- The reports are prepared on the basis of the information that can be obtained from the customers and the individuals and institutions to be investigated in order to provide preliminary information to improve the decision-making process. Therefore, the guarantee or assurance of the health service to be received may not qualify or be used as definite information and legal proof.
- The purpose of the consultancy service is to provide preliminary information on a particular medical doctor, hospital, health care services and agency to foreign persons who plan to receive medical treatment in Turkey. Customer is completely independent of the consultant in his decision-making process, and the information provided is aimed at improving the decision-making process. The information provided by the consultant is solely at the consultant’s discretion and is related to matters that he deems important and necessary, and the consultant will not be responsible for other matters.
- If the consultant does not find the information obtained from the patient to be true or sufficient to prepare a report, he will inform the customer for revision. If the information provided is not suitable for preparing a report despite the request for revision, the consultant has the right to reject the report request and refund the fee without any deduction. Therefore, the customer may not claim any rights under any title whatsoever other than the fee paid to the consultant. Consultant will approve the requested consultancy service within 48 hours at the latest; otherwise, the fee will be refunded.
- For online payments, if the payment card is used illegally by someone other than the holder of the card, action will be taken pursuant to the provisions of the Law Numbered 5464 and dated 02/23/2006 on the Bank Cards and Credit Cards and the Regulation on the Bank Cards and Credit Cards promulgated in the Official Gazette numbered 26458 & dated 03/10/2007.
- Customer has agreed to receive all messages sent by the consultant to the e-mails and phone numbers he has provided for the purchase of consultancy services. In case of any change in e-mail addresses and phone numbers, the customer will immediately report such change to the consultant. Unless the change is notified, all information and update messages will continue to be sent to the e-mail addresses and phone numbers advised at the time of the purchase of the consultancy service.
- The reports subject to consultancy service will be prepared in English only. Consultant has no responsibility to issue reports in any other language.
- Consultant does not have to disclose which solution partners were commissioned to compile the reports he prepared and the information of these solution partners.
b) Rights and Responsibilities of the Customer:
- Customer represents that he has the legal capacity to enter into this Agreement.
- Customer represents knowing that he must provide the information requested by the consultant in a complete, true and updated manner and approve this Agreement in order to benefit from the consultancy services. Consultant will not be liable for any errors in the report that result from incomplete, false or obsolete information.
- Customer represents that he has read and is informed about the preliminary information uploaded by the consultant regarding the basic qualities, delivery method, pricing and payment method of the contractual consultancy services on the website and has given the necessary confirmation electronically.
- Customer acknowledges that he has the right to defer the consultancy service once up to 6 months if he cannot benefit from the consultancy services to be provided in the scope of Face-to-Face Meeting Package during the purchase of health services to take place in Turkey due to the failure to get visa or border seal, etc. and that the service that cannot be used in this period will be considered used.
- Customer acknowledges, represents and warrants that the consultant provides consultancy services to improve the decision-making process through solution partners within the scope of the selected package, does not provide consultancy on matters other than health and beauty services nor guarantee any success regarding the medical feasibility, quality or success of the health and beauty service to be received by the customer and that the consultant is not responsible for the successful outcome of the health and beauty service.
- Since the consultancy service purchased by the customer will become subject to campaign after the date of purchase, it is not possible to request any refund from the consultant.
- Remote consultancy service is tailored to the customer. The service fee provided on the website covers the use by a single customer and the right of use may not be transferred to any third party. Consultancy service or membership may not be transferred to spouse, sibling, any family member or any other person without prior knowledge of the involved person.
- Customer agrees that the consultant may share the customer’s information with the relevant authorities, if requested by the judicial and administrative authorities, in accordance with the applicable legislation.
- Customer will be able to request this report for a maximum of 3 months from the date of purchase for the report that he has paid for, but has not provided the necessary information for, and after the expiry of this period, he will not be able to claim any rights.
- Customer may not transfer or assign to any third party its rights and obligations arising from the consultancy service purchased with this Agreement.
Article 11 Intellectual Property Rights
- All rights, titles and interests on the website and consultancy reports belong to the consultant.
- Customer will not use the trade name, trademark, service mark, logo, domain name, etc. of the consultant (or any affiliate of the consultant).
Article 12 Limitation of Liability
Consultant will not be liable for any direct, indirect, special, incidental or punitive damages arising from the use of the website and reports. Consultant further represents that he does not give any express or implied warranty. The consultant’s liability hereunder will, in any case, be limited to the package fee paid by the customer to the consultant.
Article 11 Effectiveness and Termination of Agreement
This Agreement is concluded and entered into force after the Parties hereto duly read its contents, the customer approved it electronically and made the required payment and the consultant confirmed the service.
Termination of Agreement will not release the Parties from their rights and obligations arising up to the date of termination. Upon the termination of the Agreement, the customer will be liable for all fees and costs incurred until the date of termination.
Article 12 – Force Majeure
- Any unforeseeable event that is beyond the reasonable control and will of the Parties and prevents and/or delays the performance of the obligations of the Parties hereunder, including but not being limited to epidemic, war, civil war, terrorism, earthquake, fire, flood and similar acts of God, cyber attacks and hacking will be treated as force majeure events.
- Either Party is obliged to notify the other party without delay in case of any Force Majeure event. In case of such an event, the Parties will jointly evaluate, determine and implement the measures.
- The Parties will not be held accountable for failing to fulfill their obligations in full or on time due to any force majeure event and if the force majeure event persists for 30 (thirty) days, this Agreement will automatically annulled. However, the rights and receivables of the Parties accrued before termination are reserved.
ARTICLE 13 Notifications and Disputes
- The Parties acknowledge, represent, and warrant that the e-mail address to be given by the customer for any notification arising from the Agreement and the firstname.lastname@example.org address as his legal domicile.
- This Agreement has been duly read, understood, and undersigned by the Parties. Once the application is sent online to the consultant, the Agreement will be deemed to be undersigned.
- This Agreement will be governed, construed, and enforced in accordance with the laws of the Republic of Turkey. Any dispute arising from or in connection with this Agreement will be settled by Istanbul Courts and Enforcement Offices.
ARTICLE 14 STORAGE OF INFORMATION AND DOCUMENTS
Consultant is obliged to keep the information and documents related to each transaction for the right of withdrawal, information, delivery and other issues for 3 years.
Article 15 Miscellaneous Provisions
- If any provision of this Agreement or any representation herein is found to be ineffective, unlawful or unenforceable, this will not affect the validity of the remaining provisions of this Agreement.
- The annexes form an integral part of this Agreement. In case of any conflict between the Agreement and its annexes, the provisions in the relevant annexes will prevail.
- Any communication with the customer will be made through the e-mail address they provide while registering or through the general information on the website. Communication by e-mail is equally valid as written communication. It is the customer’s responsibility to keep the e-mail address updated.
- Consultant’s records (including records in magnetic media such as PC, Whatsapp, e-mail and other online communication media and audio recordings) will constitute evidence in resolving any dispute that may arise from this Agreement and the rights of the Parties arising from the regulations in this regard are valid and reserved.
16. Contact Information If you have any questions about the Terms, please email us at email@example.com. *In some countries you may have additional rights and/or the preceding may not apply to you.
17. Changes to the Terms We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.