ARTICLE 1 – PARTIES

1.1.This Medical Service Agreement (“Agreement”) has been concluded between SERBAY GÜREL (“Doctor”) a doctor located in Mansuroğlu Mah. İslam Kerimov Cad. No: 4 A Bayraklı/ İzmir, and the service recipient (“Patient”). The Parties will be referred to as the Doctor and the Patient respectively and together as the Parties.

1.2. Notifications to be made to the Patient within the scope of this contract will be made by means of communication tools such as the telephone number and e-mail address notified by the patient to the Doctor, and the Patient will immediately inform the Doctor in case of any change of number or change of e-mail address.

ARTICLE 2 – DEFINITIONS

2.1. Patient: The person who is a party to the contract and who will be treated by coming to Turkey with health tourism

2.2.Terms and Conditions: Refers to this contract

2.3. Package: The package is the service details agreed upon by the Doctor and the Patient, specifying which services will be provided, how and at what price.

2.4. Procedure: It is the operation to be performed on the patient

2.5. Website: The website of the Doctor, which is: https://www.serbaygurel.com/

2.6. Deposit: It is a prepayment to be received from the Patient and is necessary for the Doctor and the intermediary organizations to make the necessary arrangements.

ARTICLE 3 – SUBJECT

3.1. This contract sets out the details of the treatment, terms and conditions of the package deal between Doctor and the Patient. By approving this contract, the Patient expressly accepts and undertakes that he/she has read this Terms and Conditions Agreement fully and has been clearly informed about the matters contained in the contract and accepts these terms.

3.2. Within the scope of this contract, the Patient accepts, declares and undertakes that he/she has provided his/her identity and contact information and medical information correctly and that he/she does not have any health and/or travel disabilities. The Patient is obliged to sign the consent forms and the documents writing his/her full and correct name and surname in the official records. In the event that the Patient provides false or incomplete information, the Doctor will not have any responsibility, and in such a case, the Patient is responsible for any damages incurred by the Doctor or third parties.

ARTICLE 4 – PACKAGE FEE, PAYMENT AND DEPOSIT

4.1. Fees are determined on a package basis, and the price and package content are determined according to the procedures to be performed on the Patient and the rights that the Patient will benefit from.

4.2. The Patient is responsible for any additional and out-of-package costs that may arise due to reasons arising from the Patient. Similarly, If the Doctor has to pay additional costs due to the Patient’s inability to benefit from travel, accommodation and transportation or health services on the dates agreed in this Agreement, such additional cost shall be paid immediately by the Patient to the Doctor.

4.3. The price of the package is stated on the booking confirmation. This price includes the matters listed in article 4.1 of this agreement.

4.4. A deposit is taken in order to provide better service to the patients and to complete the preparations with third parties, relevant institutions and doctors before the Patient’s arrival in Turkey. The deposit fee will be paid by the Patient by bank transfer, 3D, Western Union, mail order, cash.

4.5. If the Patient fails to pay the deposit, the Doctor has the right to unilaterally terminate the contract. Again, the Doctor is not responsible for delays due to non-payment of the deposit.

4.6. The full package fee must be paid at the latest on the date of the operation and the Patient will be in default if this payment is not made. In such a case, the Doctor has the right to cancel the services covered by the package.

4.7. The deposit will not be refunded if the contract is terminated without just cause and the operation is not performed after the deposit is paid by the Patient. The Patient agrees that he/she understands and undertakes that the deposit will not be refunded.

4.8. After the payment is made and the operation is performed, the Patient agrees and undertakes that he/she cannot request a refund on the grounds that he/she is not satisfied with the result. The doctor does not guarantee any result, and a specific treatment and operation plan is made on a patient-by-patient basis. The patient accepts and undertakes that he/she understands this situation. What to do in case of dissatisfaction is explained in Article 6 of this contract, and the complaint process will be operated as stated in the said article and the Doctor will decide whether a refund is required after this process.

4.9. If the patient wishes to make the payment by credit card, he/she agrees to pay a commission up to the rate determined in accordance with legal regulations.

4.10. In the event that the Patient refuses to sign any contract or document after the reservation is made, fails to fulfill the agreed and signed obligations, refuses to have the operation, doesn’t come to Turkey or similar situations, the operation will not be performed and the deposit and the expenses incurred by the Doctor (and the intermediary agency) in this process will be deducted from the price paid by the Patient and the remaining amount will be refunded.

4.11. The Patient will incur additional charges for any pre-operative tests considered necessary because of a pre-existing or new condition. If the test results or preliminary examinations are unfavorable and the operation is canceled because it is deemed dangerous, the deposit and the expenses incurred by the Doctor in this process will be deducted from the price paid by the Patient and the remaining amount will be refunded.

4.12. The Patient will inform the Doctor if the Patient makes the payment by credit card in the name of a third party and not in his/her name or the third party will make the payment on his/her behalf. In such a case, the Patient shall be deemed to have undertaken the third party’s knowledge and consent and shall indemnify the Doctor if the Doctor suffers any loss as a result thereof.

4.13. The patient will be able to receive treatment within 12 months of paying the deposit. However, if the Patient does not come to Turkey for any reason within 12 months after the payment of the deposit, the deposit will not be refunded and if the Patient decides to receive treatment after 12 months, the deposit payment will be taken again. It should also be noted at this point that although the Patient may come for treatment within 12 months, the Doctor will use reasonable endeavors to adhere to the agreed terms in the event that the Patient does not come at the originally agreed time. However, the Patient acknowledges that there is no guarantee in this respect.

ARTICLE 5 – RIGHT OF WITHDRAWAL, CANCELLATION, CHANGES, TERMINATION AND REFUND

5.1. Although the patient has the right of withdrawal within the scope of the law on consumer protection, any cancellations requested by the patients within 2 weeks after the sale is made will be subject to cancellation fee which is 75% of deposit payment, and the remaining 25% of total deposit payment will be refunded conditioned not to schedule a surgery date yet. If a surgery date is booked and refund requested, no refund will be applicable and total deposit will be the Patient’s sunk cost. If the cancellation is made after 2 weeks of the sale, no deposit will be refunded.

5.2. The Doctor, while not guaranteeing anything, will try to accommodate any reasonable changes that the Patient wishes to make on his/her treatment as long as he/she gives the Doctor reasonable notice ahead of time and as long as it is medically possible and not harmful to the patient. In such a case, the Doctor will let the Patient know if this is possible and inform him/her of any alterations to either the Fees, the timescales of the services, or anything else which would be necessary as a result of the requested change. The Patient is required to confirm in writing whether he/she wishes to go ahead with the change. The Patient is also required to pay for any additional costs relating to such changes.

5.3. In the event that circumstances beyond the Doctor’s control force the Patient to shorten or extend his/her stay, the Patient will be liable for any additional costs, services and work incurred by the Doctor during the Patient’s stay.

5.4. The Doctor may make changes to the Procedures to reflect changes in relevant laws and regulatory requirements. The Doctor shall inform the Patient about small changes which do not significantly alter the information given to the Patient about his/her treatment before the Procedure(s) date.

5.5. In case the operation cannot be performed on the agreed day due to any reason originating from the hospital or the doctor, a new day will be determined. In such a case, the Doctor will not have any responsibility and at the same time, except for the provisions of force majeure, this situation will not be considered as a valid reason for the Patient to terminate the contract.

5.6. The Patient may request a postponement of the operation date with at least 30 days’ notice before the operation. In such a case, the Doctor will take reasonable efforts to make such a change, however, if postponement is not possible, the Doctor shall have no liability and the Patient shall not be entitled to terminate the contract for just cause. If a change is possible, the Patient will be informed and written consentwill be obtained (If consent is given via Whatsapp, this will also be considered as written consent). The Patient agrees that in the event of such a change, if there are additional costs, the Patient will be required to cover these costs. The deposit will not be refunded if the requested change is not possible.

5.7. It has been accepted by the Patient that if the Patient buys the flight ticket to Turkey through the Doctor and cancels it later, there may be no refund or a refund may be made with deductions due to the principles of the transportation company, tax deductions, etc.

 ARTICLE 6 – UNDESIRED RESULTS, COMPLICATIONS AND COMPLAINTS

6.1. The patient is thoroughly informed about the operation both before the operation, during booking and when he/she arrives in Turkey for treatment, and informed consent texts are read. The operation is performed only and solely after the Patient has read, understood and signed the said consent texts. Therefore, it is not possible for the Patient to claim that he/she did not know the matters written in the consent texts. The Patient is obliged to read the consent texts carefully and accept the operation by understanding the complications and risks that may occur.

6.2. The patient understands and accepts that different complications may occur during any operation in medical science, that they may be caused by many different reasons (such as the patient’s existing disease), and that these cannot be considered malpractice unless the doctor is seriously negligent. Also, the doctor does not guarantee any result, and a specific treatment and operation plan is made on a patient-by-patient basis. The patient accepts and undertakes that he/she understands this situation

6.3. The patient also understands and accepts that definitive results cannot be guaranteed in the field of medical science and especially in the field of aesthetics, and that the same procedure may look different in different people due to the physical characteristics of each individual, therefore, the fact that she/he does not like the result will not mean a violation of the terms of the contract or malpractice in the absence of any operational error.

6.4. The patient has been informed that the result of the operation may not be exactly as he/she would like, for example, the same result as in a reference photograph may not be possible to achieve due to the physical characteristics of the patient. Accordingly, the Patient understands and agrees that, in the absence of malpractice, he/she cannot claim a refund or similar claims solely because he/she does not like the result or because an ordinary complication has occurred.

6.5. In any case, The Doctor shall not be liable for any complication or undesirable result due to the Patient providing the Doctor with incorrect or incomplete information regarding the Patient’s medical history, medical condition, substance use, drug use, allergies, etc., and the Patient shall not be entitled to a refund or compensation.

6.6. In the event that the Patient does not like the result or in the event of a complication, the Patient is expected to contact the Doctor or the intermediary agency via contact information in this contract or the Doctor’s website as soon as possible to make a complaint. In the event that the Patient visits another physician and undergoes an operation or treatment without notifying the Doctor of the complaint, the Patient cannot claim anything from the Doctor and it is accepted that the Patient understands the risks of visiting another physician.

ARTICLE 7 – BREACH OF CONTRACT

7.1. In the event of a breach of this Agreement by the Patient, the Doctor shall no longer be obliged to fulfill its contractual obligations.

7.2. In the event that the Doctor suffers any damage due to the Patient’s breach of the contract, the Patient shall compensate the Doctor for the damages. In such a case, the Doctor has the right to terminate the contract with a just cause and the deposit will not be refunded.

7.3. Force majeure circumstances regulated in Article 19 of this contract shall not constitute a breach of contract for the parties.

ARTICLE 8 – PATIENTS RIGHTS AND RESPONSIBILITIES

8.1. Certain information must be submitted to the Doctor by the Patient prior to booking and operation. The Patient shall be responsible for the accuracy of this information, and in case of failure to provide accurate information, the Patient shall be fully liable, similarly, if the Patient provides incorrect or incomplete information about his/her medical condition, medical history, substance use, medication use, piercings etc., the Doctor shall not be responsible in any way for the failure of the operation, the occurrence of unexpected complications and any damage to the Patient, and the Doctor shall not be liable in any way, and no compensation, etc. shall be requested from the Doctor. The Patient has been thoroughly informed that any complications that may occur in such a case will in no way constitute malpractice.

8.2. Similar to the above article, in the event of incorrect or incomplete information in the Health Check form and similar forms to be filled in by the Patient, all liability belongs exclusively to the Patient.

8.3. In the event that the patient fails to provide the information requested by the Doctor in a timely manner or if it is found that incomplete or incorrect information has been provided, the Doctor has the right to terminate the contract immediately or to change the content of the package without any compensation or refund. The patient hereby agrees to these conditions.

8.4. Without limitation, the Patient must provide the Doctor with accurate and complete information, including but not limited to the following information and such other information as may be requested by the Doctor:

• Personal information of the Patient,
• Passport information of the Patient,
• A copy of any prescriptions the Patient has which sets out any medication that he/she require and/or is currently taking, and any instructions issued by practitioner,
• Information on current and past diseases, previous surgeries, allergies, drug and substance use, piercings etc.
• Emergency contact details and those of his/her next of kin. It must be noted that Turkey is not part of the EU and, as such, the European Health Scheme is not applicable,
• The Patient’s inbound and outbound flight details,

8.5. Patient has to;

• Make sure that his/her passport is valid for at least 6 (six) months after the proposed Departure Date,
• Making the necessary visa applications on time,
• Consult his/her doctor if any vaccination and/or medication is required.

In the event that the Patient is unable to enter Turkey or is deported due to non-compliance with these requirements or fails to meet the medical requirements, the Doctor shall have no liability whatsoever and the deposit will not be refunded. In the event that the Patient misses the flight despite meeting these requirements, the Patient shall bear the responsibility.

8.6. The Patient is obliged to make payment as specified in this Agreement. In return, the Doctor is obliged to fulfill its contractual obligations. The Patient is personally liable for any delay caused by him/her. If this delay causes any additional costs or liabilities to the Doctor, the Patient must pay these costs and expenses to the Doctor immediately. If a delay caused by the Patient results in a postponement of the operation, the Doctor will use its reasonable best endeavors to plan accordingly in the interests of customer satisfaction and consumer rights, but this will not constitute an obligation, particularly in the case of delays caused by the Patient’s fault, and the Doctor will use its best efforts in good faith.

8.7. The patient must be over 18 years of age, i.e. of legal age, to enter into a contract with the Doctor and for the operation to be performed. Otherwise, the consent of the legal guardian is required and they must be present at all times.

8.8. If the authorized physician finds the operation risky according to the results of the tests performed before the operation, this will not be considered a breach of contract, and the Patient is obliged to comply with this decision due to the Doctor’s obligation to protect the Patient’s health and interests.

8.9. If additional tests are required due to the patient’s pre-existing condition, exposure to or susceptibility to a condition, the Patient shall bear the costs of these additional tests.

ARTICLE 9 – DOCTOR’S RIGHTS AND RESPONSIBILITIES

9.1. The Doctor will take all necessary steps to fulfill its contractual obligations and to ensure the satisfaction of the Patient. The Doctor is obliged to inform the Patient thoroughly before the operation. The Patient acknowledges that he/she has been informed by signing the consent forms.

9.2. The Doctor is not responsible for situations beyond the Doctor’s control, such as loss of belongings, and the Patient is expected to take due care in this regard.

9.3. The Doctor or the intermediary agency is obliged to inform the Patient about operation information about 2 weeks ( 5 days before the operation at the latest) before the operation date. This information is as follows:

• procedures
• procedure & consultation & control date and time

9.4. The package and operation details are determined in the first instance on the basis of the information provided remotely by the Patient. For this reason, the Patient’s treatment plan may change when the Patient is physically examined by the Doctor or any other physician. The Patient has the right to refuse this new plan. However, in such a case, the refund will be made by deducting the deposit and the expenses incurred until then.

9.5. If the Patient wishes to proceed with a new treatment plan, Doctor will provide a revised quote taking into account the doctor’s and hospital’s costs. Doctor is not liable for any irregularities, impossibilities and additional costs that may arise due to the Patient’s change of treatment plan.

9.6. In the event that the operation has to be postponed due to third parties such as hospitals, other doctors, hotels, etc., the Doctor does not have any responsibility.

ARTICLE 10 – POST-OPERATION AND CHECK-UP

10.1. The patient will be thoroughly informed about what to do, what not to do and what to be cautious about after the operation. The Patient must strictly follow these recommendations and the Doctor will not be responsible for any damages that may occur if the Patient does not follow these recommendations, and this will not mean that any incorrect medical procedure has been performed in any way.

10.2. The patient must comply with the check-up time specified by the doctor. Failure to attend the check-up will be the sole responsibility of the patient.

10.3. The patient is expected to contact the Doctor and the intermediary agency in case of any complications or problems after returning his/her home country. It is never advisable for the Patient to go directly to another doctor as changing doctors always carries a certain degree of risk. The Doctor will not be liable for any costs incurred in seeking treatment from another doctor, nor will the Doctor be liable for any damages that may be caused by such second operations.

10.4. In case of any problems or complications during the stay at the hotel after the operation, Doctor’s staff should be contacted immediately. Otherwise, the Doctor will not be responsible for any damages that were caused by this delay.

ARTICLE 11 – FEEDBACK, REVIEW AND NON-DISPARAGEMENT

11.1. By accepting this agreement, the Patient agrees, represents and undertakes that he/she will not attack or criticize the Doctor or any of its employees, associates or partners in a manner that exceeds freedom of expression and amounts to defamation or libel on review websites, social media networks, blogs, public forums, etc. in relation to the treatment and actions of the Doctor, doctor, hospital or third parties.

11.2. Feedback is always welcomed as long as it does not reach the level of insult or defamation.

ARTICLE 12 – LIABILITY IN RESPECT OF THIRD PARTIES

12.1. The patient agrees and accepts that the Doctor does not have any legal liability or obligation to indemnify the damage in case of any damage caused by third parties such as hotels, hospitals, other doctors, etc.

12.2. Similarly, the Doctor shall not be liable if the Patient loses any of his/her belongings in hotels, hospitals, etc.

ARTICLE 13 – CHANGES TO THE TERMS AND CONDITIONS

13.1. Doctor has the right, in its sole discretion, to change the terms in these Terms & Conditions at any time. The Patient will be notified as soon as possible if the change is substantial and there is an ongoing contractual relationship with the Patient. However, the Doctor has the discretion as to what constitutes a substantial matter. The Patient’s continued use of the Doctor will constitute a tacit acceptance of the new terms.

ARTICLE 14 – SEVERABILITY AND WAIVER

14.1. If any clause(s) of this Agreement becomes invalid for any reason, the remaining clauses shall remain in full force and effect.

14.2. The failure of a party to claim a right under the contract or to require the other party to fulfill its obligation shall not constitute a waiver of the said right.

ARTICLE 15 – PROTECTION OF PERSONAL DATA

15.1. The Doctor stores the Patient’s personal data, including medical records, with the utmost sensitivity. The Doctor does not use or disclose, sell or rent this data for any other purpose. The Doctor is committed to complying with applicable data protection legislation in Turkey to ensure Patient confidentiality. It may be used to promote the patient’s before and after treatment pictures, to improve the Doctor’s website, to provide patients with the necessary services and results of treatments, and to conduct research and analysis for product development. At the same time, the Patient will be asked to sign a Personal Data Protection clarification text and an explicit consent text, and the data will be processed as described in these texts. If there is an intermediary agency, the provisions of this article shall also apply to the intermediary agency.

ARTICLE 16 – CONFIDENTIALITY

16.1. The parties agree and declare that the information provided to them is confidential, that they will keep such information 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. Doctor is not under any legal obligation or liability for sharing information in cases where information sharing is a legal obligation in accordance with legal regulations or in cases of urgency for the performance of this Agreement. The Doctor also has the right to process data as specified in the protection of personal data clarification text and explicit consent text.

ARTICLE 17 – SOCIAL MEDİA

17.1. If the Patient’s explicit consent is obtained, before and after photos of the Patient’s operation will be shared on the Doctor’s various social media accounts and website. The Patient has the right to withdraw this consent at any time. In such a case, the photos will be removed promptly.

ARTICLE 18 – INTELLECTUAL PROPERTY RIGHTS

18.1. All content, graphics, format, design, user interface and other copyrighted materials on the Site and in any media owned by the Doctor are protected by copyright law and other intellectual property laws and are owned by the Doctor. The materials on the Site other platforms are available for informational

ARTICLE 19 – FORCE MAJEURE

19.1. In addition to general force majeure situations (strike, war, pandemic, etc.), the Doctor’s inability to fulfill its contractual obligations due to the actions of third parties such as doctors, hospitals, hotels, etc. will be considered as force majeure. In case of force majeure lasting more than 90 days, both parties have the right to terminate the contract. In such a case, the deposit will not be refunded. If any other payment other than the deposit has been made by the patient, the remaining balance amount will be refunded after deducting all expenses incurred.

ARTICLE 20 – DISPUTE RESOLUTION AND EVIDENTIAL AGREEMENT

20.1. In the event of a contractual or operational dispute, the parties will prioritize the peaceful resolution of the dispute in good faith and, if necessary, with the assistance of a mediator.

20.2. In the event of any dispute arising out of this Agreement, the official records (including but not limited to whatsapp messages, mails, internet records, provider records and GSM operator records, etc)  of the Doctor shall serve as evidence.

ARTICLE 21 – GOVERNING LAW

21.1. In any case, the laws of the Republic of Turkey will be applied in disputes that may arise from this contract and Izmir Courts and Izmir Enforcement Offices are hereby authorized.

ARTICLE 22 – FINAL PROVISIONS

22.1. The “Anesthesia Assessment Form” is an attachment to this Agreement and therefore constitutes part of this Agreement.

22.2. Neither party may transfer or assign its rights and obligations under this Agreement without the prior written consent of the other party.