General Terms and Conditions of Medical Fly Sağlık Turizm LTD ŞTİ

(Hereinafter referred to as “medicalfly”)

1. Scope and Nature of medicalfly Services

medicalfly, within the scope of its activities, acts solely as an intermediary for transportation and organization services, including travel reservations, hotel reservations, and the arrangement of appointments with clinics and physicians. The agreement between you and medicalfly constitutes a contract with an authorized health tourism intermediary institution, separate from other contracts related to the purpose of your travel, and produces independent rights and obligations.

medicalfly is not a tour operator and does not assume the obligation of executing booked travel arrangements. On your behalf and with your consent, medicalfly facilitates individual agreements with necessary entities such as travel agencies, airlines, hotels, and others appropriate to the service and travel purpose you require. medicalfly‘s role is limited to intermediary services in these agreements.

Contracts regarding medical treatments are concluded directly between you and the clinic, hospital, or physician. medicalfly bears no responsibility for any claims related to treatments provided by clinics, physicians, or hospitals, including claims arising from malpractice.

The execution of operations, medical pre-and post-checkups, and all other medical services are provided solely by the clinics to which medicalfly acts as an intermediary. Information regarding prices, travel durations, etc., is based entirely on statements made by the respective service providers. Non-compliance by any of the contracting parties with their obligations shall not, under any circumstances, entitle any party to claim damages or other compensation from medicalfly.

The performance of the organized services is not among the contractual obligations of medicalfly. Consequently, medicalfly is not responsible for the proper provision of services by its service providers.

 

2. Right of Withdrawal

Pursuant to the applicable regulations and legal provisions governing this agreement, medicalfly makes the following clarifications regarding the right of withdrawal:

    •          As a general rule, the consumer has the right to withdraw from the agreement within fourteen days without incurring any penalties or compensation. This period begins upon your signing of this agreement.

    •          Notifications of withdrawal must be submitted in writing or via a durable data storage medium to the intermediary service provider before the expiration of the withdrawal period.

    •          However, contracts for services that commence with the consumer’s consent before the withdrawal period expires are excluded from this rule. Since travel organization, ticketing, accommodation arrangements, and reservations for the physician and operating room are initiated immediately upon signing the contract—and even the consultancy provided before signing is included in the fees—any advance payment/deposit received at the time of contract execution will not be refunded, even if the right of withdrawal is exercised.

    •          If there are fourteen days or fewer between the signing of the contract and the operation date, additional payments may be requested from you—beyond the deposit payment—based on the demands of the hospital and physician, provided that these do not exceed the total contract amount.

    •          The retention of the deposit by medicalfly in the event of withdrawal does not preclude the processing fees outlined in Section 4 from being claimed.

 

3. Additional Charges

Services listed in this agreement do not include additional charges that may arise due to services provided by the airline, hotel, clinic, hospital, or physician. Expenses for additional tests, analyses, prescribed medications, or optional but recommended treatments or supplements deemed necessary by the doctor are not included in medicalfly’s package and must be borne by the patient. Such additional payments are not included in the amounts payable under this agreement and cannot be deducted from payments to medicalfly.

4. Reservation Changes and Cancellations

medicalfly charges fees for changes or cancellations as follows:

    •          A processing fee of €50 will be charged for changes to hotel and/or flight bookings.

    •          A processing fee of €250 will be charged for rescheduling the operation date within 30 days or less of the initially scheduled operation date.

    •          If the operation is canceled more than 30 days before the scheduled operation date, the deposit will be retained by medicalfly, and an additional processing fee of 15% of the total operation cost will be charged.

    •          If an operation is canceled 30 days or fewer before the scheduled operation date, the deposit will be retained by medicalfly, and an additional processing fee of 30% of the total operation cost will be charged.

    •          Additional costs may arise due to hotel, airline, or clinic policies in cases of reservation changes or cancellations. If flight, hotel, or clinic services have been definitively reserved, additional costs resulting from cancellations, changes, or refunds by the service provider may occur, and medicalfly has no control over these amounts. These amounts cannot be deducted from payments made to medicalfly.

    •          Cancellation requests must be submitted in writing via mail or email. For claims arising from cancellations or changes, the respective service provider will be the responsible party. medicalfly has no legal standing or obligation to act as your representative in claims against these providers.

Cancellation notifications can be sent to the following address, number, or email:

1848 Sokak No:9 Daire:5 Soğukkuyu, Bayrakli, Turkiye, info@medicalfly.de, +902325041185

5. Equivalent Cases to Cancellation

The following situations will be treated as cancellations:

    •          Failure to adhere to pre-operation guidelines, necessitating the cancellation of the operation.

    •          Health issues discovered during the preliminary examination that prevent the operation.

    •          Rejection of the treatment plan based on the travel arrangement.

    •          Cancellation of the operation on-site by the patient for any reason.

Expenses incurred for preliminary examinations, hospital stays, prescribed medications, treatments, or imaging will be directly calculated by the hospital and must be borne by the patient.

6. Liability

medicalfly, in its role as an intermediary, is only responsible for the careful selection of service providers and for transmitting information in accordance with the contract.

Information related to flights, transfers, and hotel accommodations is based solely on the statements of the respective service providers. medicalfly assumes no liability for medical services, travel arrangements, or accommodations in hotels or clinics, as these are governed by contracts directly between the customer and the respective providers.

medicalfly accepts no liability for unprovided or defective services by service providers or for any incidents such as theft or accidents occurring at clinics, hospitals, airlines, or accommodations.

7. Obligations Related to Travel/Airlines

Please carefully review the terms and conditions of service providers (especially airlines). For detailed information on the obligations of the airline and your responsibilities, refer to the official website of the airline handling your booking. medicalfly is not responsible for transferring contractual obligations related to flights or travel to you.

 

8. Protection of Personal Data

Sharing your personal data with medicalfly is essential for conducting its business activities. In accordance with the Turkish Personal Data Protection Law No. 6698 and other applicable national and international regulations, your personal data will be securely stored in digital or physical environments by our company. You must review and approve our company’s policy on personal data protection and the related information document, accessible via the following link.

Following your review and approval, separate consent may be obtained from you in compliance with the Turkish Personal Data Protection Law and related regulations.

9. Governing Law and Jurisdiction

Any legal disputes arising between medicalfly and the customer shall fall under the exclusive jurisdiction of the courts in İzmir, Republic of Turkey. Turkish law shall apply to the resolution of such disputes.