HEALTH TOURISM BROKERAGE AGREEMENT
This Health Tourism Brokerage Agreement (“Agreement”) is made and entered into by and between, Hotelistan Turizm Otelcilik Bilgi İşlem ve Ticaret Limited Şirketi (“Arpanumedical”), Mersis No: 0464054089100012, operating at Merkez Mahallesi Abide-i Hürriyet Cad. No: 171/8 Şişli İstanbul, and the person who requests a reservation for the provision of services through the website www.arpanumedical.com (“Patient”). The Patient accepts, declares and undertakes that, with the reservation request, he/she has fully examined, read and understood the terms and conditions in this agreement and shall be bound by them.
2. SUBJECT MATTER
The Patient desires to avail of medical services in Turkey and the ancillary services such as travel, accommodation and transportation that he/she will need shall be provided by the medical service providers, accommodation facilities, transportation and travel service providers (hereinafter referred to as the “Provider”) through Arpanumedical as an intermediary company. Parties regulated their mutual rights and obligations with this agreement.
3. RIGHTS AND OBLIGATIONS OF ARPANUMEDICAL
3.1. Arpanumedical, as an intermediary company between the Patient and the Providers, shall refer the Patient to the relevant in-network provider in accordance with the requests of the Patient and shall facilitate coordination between the parties for the provision of services.
3.2. Arpanumedical acts only as an intermediary company. The relevant Provider, providing the service, such as medical services, accommodation, travel, transportation and similar ancillary services, is fully responsible for the provided service.
3.3. Arpanumedical does not give any guarantees or commitments regarding the accuracy, quality, safety or Patient satisfaction of the services provided by the relevant Provider. Arpanumedical recommends the Patient to take out the necessary insurances within the scope of the services.
3.4. Due to unforeseen circumstances or causes beyond the Arpanumedical’s reasonable control, including, without limitation, epidemics, natural disasters, war, fire, acts of civil or military authorities, which will partially or completely, temporarily or permanently stop the working opportunities of Arpanumedical, are considered force majeure. Arpanumedical shall not be liable for any failure to perform its obligations hereunder or damages arising due to force majeure or unexpected events. Arpanumedial shall give notice to the Patirnt of any event of Force Majeure as soon as reasonably practicable via channels designated by Arpanumedical. In the event that the force majeure and/or its effects last more than three months, parties can terminate the agreement without paying any compensation. In that case Arpanumedical, shall only refund the intermediary fees to the Patient after deducting the amounts paid to the providers.
4. RIGHTS AND OBLIGATIONS OF THE PATIENT
4.1. The patient accepts, declares and undertakes that he/she has been informed in advance about all kinds of health tourism intermediation services created and offered by Arpanumedical upon his/her request, and that he/she has read, understood and shall be bound by this agreement within the framework of the information provided.
4.2. The patient shall fulfil his/her payment obligations agreed in this agreement. The patient shall be responsible for all kinds of disruptions arising from not fulfilling his/her obligations.
4.3. The patient shall comply with all kinds of appointment dates and times, including transportation, arranged within the services mediated by Arpanumedical. On the contrary, the patient irrevocably accepts, declares and undertakes that he/she shall be responsible for all the extra costs and expenses even if he/she is faultless.
4.4. The patient irrevocably accepts, declares and undertakes that, relevant provider shall solely be responsible for the services provided and events or direct or indirect damages occurred during the provision of services and Arpanumedical shall not be held responsible and the patient shall not claim any right or compensation.
4.5. The patient shall inform Arpanumedical in a truthful and complete manner all information necessary for the provision of services to be mediated, including identity, communication and health. The patient accepts, declares and undertakes that Arpanumedical shall not be held responsible in the event that the provided information is incorrect or incomplete and he/she shall compensate all damages of Arpanumedical in cash and in full.
4.6. The patient accepts, declares and undertakes to not make negative declarations against Arpanumedical (including but not limited to; using evaluation websites, social media networks, blogs, public forums for this purpose) regarding the services and actions of the Service Provider.
5. FEES AND PAYMENT METHOD
5.1. The patient shall make an advance payment equal to half of the total amount for the services which shall be reserved. This agreement shall be in effect for Arpanumedical after fulfillment of the advance payment. Arpanumedical shall make reservations from relevant providers upon advance payment.
5.2. The patient shall pay the remaining balance to Arpanumedical for all services subject to intermediation, at the latest, ten days before the provision of the services. No refund shall be made in case the patient refrains to sign agreements or documents provided by the service providers or not present at the scheduled date(s) or time(s) or non-fulfillment of obligations arising from this agreement.
5.3 Additional services not covered by this agreement shall be subject to additional charges.
6.1 In case of breach of this agreement, non-breaching party shall notify the breaching party in written and demand the remedy of the breach in seven working-days. In case breach is not fully remedied within this period, the non-breaching party has the right to terminate the agreement. Arpanumedical can terminate the agreement immediately and without notice, in case of a patient’s default in payment obligations. In that case, the amount collected as advance payment shall be invoiced to the Patient as the cancellation fee.
6.2 Patient cannot terminate the contract unless he/she informs and proves in writing to Arpanumedical that there is a medical condition that prevents him/her availing healthcare services with an apostilled and valid health report, which he/she shall receive from a full-fledged hospital. In case of termination based on this reason, the remaining amount from the deductions to be made by the relevant Providers shall be refunded to the Patient within fifteen days. Arpanumedical cannot be held liable for any delay of refund of fees paid by credit card.
6.3 In case the patient terminates this agreement without a valid cause, the amount collected as advance payment shall be invoiced to the Patient as the cancellation fee. Arpanumedical reserves the right to demand compensation for the losses exceeding the cancellation fee.
6.4 In case the patient requests the reservations to be postponed, Arpanumedical has the right to accept the postponement with an additional fee. In case of acceptance of postponement by Arpanumedical; The patient is obliged to pay the additional fee within five working days. Otherwise, the agreement shall be terminated without a notice and advance payment shall be invoiced to the Patient as the cancellation fee.
7. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
7.1 Parties accept and undertake that they shall not share confidential information to be disclosed to each other under this agreement with third parties without the written consent of the sharing party and confidential information shall only be used for the performance of the contract. Arpanumedical have no legal obligation or responsibility for sharing confidential/personal information in cases where it is mandatory to share confidential/personal information due to laws and regulations and for the performance of the agreement.
7.2 Patient accepts and undertakes that he/she shall not share any message, correspondence, audio, photo or video recordings between himself/herself and Arpanumedical, Arpanumedical’s employees or Providers and Providers’ employees or regarding the services. Patient accepts, declares and undertakes that in case of violation of this article, he/she shall pay 10.000.00 Euro to Arpanumedical as a penalty. Arpanumedical reserves the right to demand compensation for all kinds of damages.
7.3 Patient accepts and declares that he/she consents for collection, processing of personal data including special categories of personal data and transfer of those to the business partners located in Türkiye or abroad. Personal data shall only be collected and processed within the scope of the service, only for the purpose of performance of this agreement.
Arpanumedical can transfer personal data, including special categories of personal data, to its business partners located in Türkiye or abroad for below mentioned purposes.
– for reservation of accomodation
– for provision of transportation and travel services,
– for planning healthcare services,
– for financial transactions,
You can get more information about your rights regarding your personal data from https://www.arpanumedical.com/privacy-policy web page.
8.1 Patient accepts and declares that relevant provider’s terms and conditions and cancellation policies shall be valid in the provision of the relevant services.
8.2 Arpanumedical, reserves the right to make alterations or cancellations on reservations due to force major or operational reasons. In this case, the patient’s approval is not necessary and he/she does not have the right to cancel or demand compensation.
8.3 The Patient accepts and declares that he/she has been informed about that departure time or the type of plane can be changed by the airline company and Arpanumedical cannot be hold responsible for these alterations.
8.4 Depending on the country, a passport, entry visa, vaccination certificate and/or additional documents can be required for foreigners. The Patient acceptes and declares that he/she is informed by Arpanumedical about these conditions.
8.5 The accommodation facility is responsible for room blockage. All additional service fees other than the type of accommodation specified within the scope of the Agreement shall be paid by the Patient in cash during the check-out from the hotel.
8.6 Pets are not allowed in transportation vehicles and accomodation facilities.
8.7 Parties cannot assign this Agreement including any rights and obligations deriving therefrom without the prior written consent of the other Party.
Any notification between parties regarding this contract will be delivered to the addresses (including e-mail address and mobile phone number) stated in this agreement unless a party notifies the other about change of its address. Notifications sent to the addresses stated in this agreement shall be deemed to have been delivered, unless the change of address is notified to the other party. In case of any change, Patient accepts and declares that he/she shall notify Arpanumedical immediately otherwise he/she shall be responsible for all kinds of damages.
In the event that any terms, conditions or provisions contained in this Agreement or any part thereof are found to be invalid, unlawful or unenforceable to any extent, the Parties shall endeavor to agree such amendments which shall in as far as possible effect the intentions expressed therein. In default of such agreement, such invalid terms, conditions or provisions shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
11. LANGUAGE OF AGREEMENT
This Agreement is drawn up in the English and Turkish languages. In case of discrepancy in versions, the Turkish language text prevails.
12. EVIDENTIAL CONTRACT
In disputes arising out of or in connection with this Agreement, all kinds of records, books, computer records and all kinds of correspondences and notifications including electronic ones shall be deemed evidence exclusively.
13. GOVERNING LAW AND RESOLUTION OF DISPUTES
The Parties agree that this Agreement shall be governed, construed, and interpreted in accordance with Laws of Turkish Republic. Any disputes arising out of or in connection with this Agreement, which cannot be satisfactorily settled by amicable arrangement of the Parties, shall be finally settled by the Istanbul Courts.