Terms-And-Conditions

TERMS AND CONDITIONS

TurkuazPort Dental Clinic ≫ Terms and Conditions

 

TERMS AND CONDITIONS

 

ARTICLE 1 – PARTIES

 

1.1. This Medical Services Agreement (“Agreement”) is executed between TurkuazPort2 Oral and Dental Health Clinic (“Clinic”), a branch of Çamlıkaya Private Oral and Dental Health Services Trade Ltd. Co., a healthcare tourism entity located at Akdeniz Mah. Atatürk Cad. No:162/A (MERSIS No: 0228074698000017), and the recipient of the services (“Patient”). The parties shall be referred to individually as the Clinic and the Patient, and collectively as the Parties.

 

ARTICLE 2 – DEFINITIONS

 

2.1. Clinic: Refers to TurkuazPort2 Oral and Dental Health Clinic, an institution providing oral and dental health clinic services in the field of health tourism.

 

2.2. Patient: Refers to the individual who is a party to this Agreement and who travels to Turkey for treatment within the scope of health tourism.

 

2.3. Terms and Conditions: Refers to this Agreement.

 

2.4. Dental Treatment Services: The details of the services mutually agreed upon by the Clinic and the Patient, specifying which services will be provided, how they will be performed, and at what cost.

 

2.5. Dental Treatment Procedure: Refers to the dental treatment procedure(s) to be performed by a Dentist/Dental Surgeon as part of the dental treatment services accepted by the Patient.

 

2.6. Medical Assessment Forms: Refers to forms such as the General Medical History Form, General Dentistry Consent Form, and Implant Consent Form provided to the Patient by the Dentist/Dental Surgeon during the consultation in Turkey.

 

2.7. Website: Refers to the Clinic’s website: [https://turkuazport.com/](https://turkuazport.com/).

 

2.8. Deposit: A prepayment collected from the Patient, required for the Clinic to make the necessary arrangements.

 

2.9. Reservation: Refers to a booking for a dental treatment procedure.

 

2.10. Reservation Confirmation: Refers to the written confirmation sent by the Clinic to the Patient following the Patient’s request for a dental treatment procedure.

 

ARTICLE 3 – SUBJECT

3.1. This Agreement establishes the details, terms, and conditions of the dental treatment agreement between TurkuazPort2 Oral and Dental Health Clinic, which provides services in the field of health tourism, and the Patient.

By approving this Agreement, the Patient explicitly acknowledges, declares, and undertakes that they have fully read and understood this Terms and Conditions Agreement, have been clearly informed about the matters contained herein, and accept these terms.

 

3.2. Under this Agreement, the Patient represents, declares, and undertakes that they have provided accurate identity, contact, and medical information and that they have no health and/or travel restrictions. The Patient is obliged to sign consent forms and official documents using their full and correct name and surname.

The Clinic shall bear no responsibility in the event that the Patient provides false or incomplete information. In such a case, the Patient shall be liable for any damages suffered by the Clinic or third parties.

 

ARTICLE 4 – DENTAL TREATMENT SERVICE FEES, PAYMENT, AND DEPOSIT

4.1. Fees are determined based on the dental treatment services, and the price and scope of the dental treatment services are set according to the procedures to be performed on the Patient and the rights the Patient will receive.

 

4.2. The Patient shall be responsible for any additional expenses and non-treatment-related costs arising due to reasons attributable to the Patient.

Similarly, if the Clinic incurs additional costs due to the Patient’s inability to utilize travel, accommodation, transportation, or healthcare services on the dates specified in this Agreement, such additional costs shall be immediately paid by the Patient to the Clinic.

 

4.3. The price of the dental treatment service is specified in the reservation confirmation. This price includes the matters listed in Article 4.1 of this Agreement.

 

4.4. A deposit is collected to ensure better service for Patients and to allow the necessary preparations to be made with third parties, relevant institutions, and dentists before the Patient’s arrival in Turkey. The deposit fee shall be paid by the Patient via bank transfer, 3D Secure Payment Link, Western Union, mail order, or in cash.

 

4.5. If the Patient fails to pay the deposit, the Clinic has the right to unilaterally terminate the Agreement. Additionally, the Clinic shall not be liable for any delays caused by the non-payment of the deposit.

 

4.6. The full payment for the dental treatment service must be completed no later than the operation date. If this payment is not made, the Patient shall be in default. In such a case, the Clinic reserves the right to cancel the services covered under the dental treatment service. Therefore, if the Patient cancels the Agreement without a justified reason after paying the deposit and the operation does not take place, the deposit will not be refunded. The Patient acknowledges and agrees that the deposit is non-refundable.

 

4.7. After the payment has been made and the procedure has been performed, the Patient acknowledges and agrees that they may not request a refund on the grounds of dissatisfaction with the results.

In the event of dissatisfaction, the procedure to be followed is outlined in Article 6 of this Agreement, which details the complaint process. The Clinic shall determine, following this process, whether a refund is warranted.

 

4.8. If, after making a reservation, the Patient refuses to sign any contract or document, fails to fulfill the agreed and signed obligations, refuses to undergo the procedure, does not travel to Turkey, or in similar circumstances, the procedure shall not be performed, and the deposit shall not be refunded.

 

4.9. The Patient shall be subject to additional charges for any tests that may be deemed necessary before any surgical procedure due to pre-existing or newly developed conditions. If the test results or preliminary examinations indicate a high risk and the procedure is canceled for safety reasons, the deposit and any expenses incurred by the Clinic during this process shall be deducted from the amount paid by the Patient, and the remaining balance shall be refunded.

 

4.10. If the Patient makes the payment via credit card in the name of a third party or if a third party makes the payment on behalf of the Patient, the Patient shall inform the Clinic and sign the relevant document.

In such cases, the Patient shall be deemed to have undertaken the responsibility for obtaining the third party’s information and consent. If the Clinic suffers any loss due to this, the Patient shall compensate the Clinic accordingly.

 

4.11. After paying the deposit, the Patient may receive treatment within 12 months. However, if the Patient does not travel to Turkey for any reason within 12 months of paying the deposit, the deposit shall not be refunded, and if the Patient decides to receive treatment after 12 months, the deposit payment must be made again. It should be noted that although the Patient may undergo treatment within 12 months, if the Patient does not arrive at the initially agreed-upon time, the Clinic will make reasonable efforts to adhere to the agreed terms. However, the Patient acknowledges that there is no guarantee in this regard.

 

4.12. The Clinic accepts Visa, Mastercard, and American Express. If the payment is made via credit or debit card, the physical card must be present at the local clinic. The Clinic does not accept payments via Apple Pay, any other applications, or cryptocurrency.

 

4.13. If the Patient makes the payment via credit card, they agree to cover any commission differences.

 

4.14. After the in-person consultation in Turkey, if the Patient accepts the dental treatment, full payment must be made (excluding treatments requiring two or multiple visits). If the treatment can be completed in a single appointment, the full payment must be made before the procedure begins after the consultation. If two or more appointments are required, 70% of the total fee must be paid during the first appointment, and the remaining 30% during the second appointment. If a third or more visits are required, the payment cannot be split into three or more installments. Payment may be made in cash or by credit card.

 

4.15. Cash Payment: The Clinic only accepts cash payments in the following currencies:

– GBP – British Pound Sterling. Other types of pounds, such as Irish Pound, Scottish Pound, or Northern Irish Pound, are not accepted.

– Euro and USD – Only U.S. Dollars are accepted; other dollars, such as Canadian or Australian Dollars, are not accepted.

 

4.16. The Clinic shall not be liable for the following:

– Passport and visa expenses;

– Any necessary vaccinations and medications before, during, or after travel to Turkey;

– Any food and beverages purchased during the Patient’s stay in Turkey, excluding the purchased dental treatment services.

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

5.1. Although the patient has the right of withdrawal under consumer protection laws, cancellations requested by patients within 2 weeks after the sale will be subject to a cancellation fee of 75% of the deposit payment, and the remaining 25% of the total deposit payment will be refunded, provided that no operation date has been scheduled. If an operation date has been reserved and a refund is requested, no refund will be issued, and the total deposit will be considered a sunk cost for the patient. If the cancellation occurs more than 2 weeks after the sale, the deposit will not be refunded.

5.2. The Clinic does not provide any guarantees but will make reasonable efforts to accommodate reasonable changes to the patient’s travel schedule, provided that the patient gives prior reasonable notice to the Clinic. In such cases, the Clinic will inform the patient whether the requested change is possible and will notify the patient of any adjustments to fees, service schedules, or any other necessary changes resulting from the requested modification. The patient must confirm in writing whether they wish to proceed with the change. The patient must also pay for any additional costs incurred due to such changes.

5.3. If circumstances beyond the Clinic’s control force the patient to shorten or extend their stay, the patient shall be responsible for any additional costs, services, and work incurred by the Clinic during their stay.

5.4. The Clinic may modify the Procedures to reflect changes in applicable laws and regulatory requirements. The Clinic will inform the patient of minor changes that do not significantly alter the information provided regarding accommodation or dental treatment services before the procedure date.

5.5. If such changes occur during the patient’s stay, the Clinic does not guarantee anything but will make alternative arrangements as close as possible to the travel schedule and dental treatment service descriptions.

5.6. If, for any reason, the operation cannot be performed on the scheduled date, a new date will be determined. Except for force majeure, this shall not constitute a valid reason for the patient to terminate the contract.

5.7. The patient may request to postpone the operation date by notifying at least 30 days in advance. In such a case, the Clinic will make reasonable efforts to accommodate the change. However, if postponement is not possible, the Clinic shall have no liability, and the patient shall not have the right to terminate the contract for a justified reason. If a change is possible, the patient will be informed, and written confirmation will be obtained. The patient acknowledges that in the event of such a change, they shall bear any additional costs incurred. If the requested change is not possible, the deposit will not be refunded.

5.8. If the patient purchases their flight ticket to Turkey through the Clinic and later cancels it, the patient acknowledges that no refund may be made, or a refund may be issued with deductions due to airline policies, tax deductions, etc.

5.9. The contract is deemed complete when the patient’s dental treatment procedure is finalized and full payment has been made by the patient.

5.10. Except in cases of force majeure, only the person who made the reservation may cancel the reservation.

5.11. Transferring a reservation to another person is possible under the following conditions:

• Providing timely notification,
• Signing the relevant documents,
• The deposit period has not been exceeded,
• The minimum deposit amount has been paid,
• Acceptance of the current dental treatment fee.

5.12. The Clinic may terminate the contract under the following circumstances and shall notify the patient of the termination in writing:

• If the patient fails to provide the necessary information required for the dental treatment procedure within a reasonable time after the Clinic’s request,
• If the patient obstructs the reasonable completion of the dental treatment procedure,
• If the patient behaves disrespectfully towards the Clinic staff or other customers,
• If the patient fails to make any payment required for the dental treatment procedure.

5.13. If the Clinic terminates the contract under the conditions specified in Article 5.12, it will refund all fees paid by the patient for treatments not yet completed. However, the Clinic reserves the right to claim compensation for any costs incurred due to the patient’s breach of contract.

5.14. The patient has the right to terminate the contract in the following cases. In such cases, the Clinic shall refund the costs of the dental treatment procedure that has not been provided to the patient:

• If a change is made to the dental treatment procedure or these terms that the patient does not accept;
• If the Clinic suspends the patient’s dental treatment procedure for more than four (4) weeks.

 

 

 

ARTICLE 6 – UNWANTED OUTCOMES, COMPLICATIONS, AND COMPLAINTS

 

6.1. The Patient is thoroughly informed about the operation both before the procedure, during the reservation process, and upon arrival in Turkey for treatment, and the informed consent documents are read. The operation will only be performed after the Patient has read, understood, and signed these consent documents. Therefore, the Patient cannot claim that they were unaware of the contents of the consent documents. The Patient is obligated to read the consent documents carefully and accept the operation after understanding any potential complications and risks.

 

6.2. The Patient understands and agrees that during any medical procedure, various complications may arise, which can be caused by different factors (such as the patient’s existing health conditions), and these cannot be considered as malpractice unless there is gross negligence on the part of the dentist.

 

6.3. The Patient also understands and agrees that in the field of medical science, guaranteed results cannot be promised, and that due to individual physical differences, the same procedure may appear differently in different people. Therefore, dissatisfaction with the result will not constitute a breach of the contract or malpractice if there was no operational error.

 

6.4. The Patient has been informed that the result of the operation may not be exactly as desired, and for example, obtaining the exact same result as shown in a reference photo may not be possible due to the Patient’s physical characteristics. Accordingly, the Patient understands and agrees that they cannot request a refund or make similar claims merely because they are dissatisfied with the result or in the case of a normal complication, provided that there was no incorrect application.

 

6.5. In any case, the Clinic will not be held responsible for any complications or unwanted outcomes arising from incorrect or incomplete information provided by the Patient regarding their medical history, medical condition, substance use, medication, allergies, etc., and the Patient will not be entitled to a refund or compensation.

 

ARTICLE 7 – BREACH OF THE AGREEMENT

7.1. In the event of a breach of this Agreement by the Patient, the Clinic’s obligation to fulfill its contractual duties will be null and void.

7.2. If the Clinic suffers any damages due to the Patient’s breach of the agreement, the Patient will indemnify the Clinic for the damages. In such a case, the Clinic has the right to terminate the agreement with just cause, and the deposit will not be refunded.

7.3. The force majeure situations specified in Article 18 of this agreement will not be considered as a breach of the agreement by either party.

 

 

ARTICLE 8 – PATIENTS’ RIGHTS AND RESPONSIBILITIES

8.1. Before the reservation and operation, the Patient must provide certain information to the Clinic. The Patient is responsible for the accuracy of this information, and if incorrect information is provided, the Patient will be fully responsible. Similarly, if the Patient provides incorrect or incomplete information about their medical condition, medical history, substance use, pregnancy status, medication, piercings, etc., the Clinic will not be held responsible for any failure to perform the procedure, any unexpected complications, or any harm to the Patient. The Patient will not have the right to claim compensation from the Clinic in such cases. The Patient has been fully informed that any complications arising from such situations will not constitute malpractice.

8.2. Similarly, in case of incorrect or incomplete information provided on the Health Check-up form or similar forms that the Patient fills out, the full responsibility will lie with the Patient.

8.3. If the Patient fails to provide the required information in a timely manner or if it is determined that the information provided is incomplete or incorrect, the Clinic has the right to terminate the agreement immediately or change the contents of the dental treatment services without any compensation or refund.

The Patient accepts these conditions through this agreement.

8.4. The Patient must provide the Clinic with accurate and complete information, including but not limited to the following and any other information that the Clinic may request:

• The Patient’s personal information,
• The Patient’s passport details,
• A copy of prescriptions indicating the medications the Patient needs or is currently taking and instructions from the practitioner,
• Information about existing and past diseases, previous operations, allergies, medication and substance use, piercings, etc.,
• Information about pregnancy status (The Clinic does not provide dental treatment services to pregnant patients),
• Approval for dental X-rays and 3D tomography scans (The Clinic does not provide dental treatment services to patients who refuse X-rays or tomography scans),
• Emergency contact details and contact information of close relatives. Please note that Turkey is not part of the EU, and therefore the European Health Program is not applicable,
• The Patient’s inbound and outbound flight details,
• Flight e-tickets and payment receipts.

8.5. The Patient is required to:

• Ensure that their passport is valid for at least 6 (six) months after the suggested Departure Date,
• Submit necessary visa applications on time,
• Consult their doctor if any vaccinations and/or medications are required. If the Patient fails to comply with these conditions or medical requirements and is unable to enter Turkey or is deported, the Clinic will not be held responsible, and the deposit will not be refunded. If the Patient misses their flight despite fulfilling these requirements, the responsibility will lie with the Patient.

8.6. The Patient is obligated to make payments as stated in this Agreement. In return, the Clinic is obligated to fulfill its duties under the agreement. The Patient is personally responsible for any delays caused by themselves. If such delays cause any additional costs or obligations for the Clinic, the Patient must pay these costs immediately. If the delay caused by the Patient results in the postponement of the operation, the Clinic will make reasonable efforts to reschedule the treatment in a way that considers customer satisfaction and consumer rights, but this will not create an obligation for the Clinic, particularly in cases of delays caused by the Patient’s fault.

8.7. In order to enter into an agreement with the Clinic and undergo the operation, the Patient must be over 18 years of age, i.e., an adult. Otherwise, the consent of a legal guardian is required and must always be present.

8.8. If an accompanying person will be present during the stay, the Clinic must be notified in advance.

8.9. If the authorized physician finds the procedure risky based on pre-operative tests, this will not be considered a breach of the agreement. However, due to the Clinic’s obligation to protect the Patient’s health and interests, the Patient must comply with this decision.

8.10. If the Patient’s pre-existing condition, exposure to a condition, or predisposition to a condition requires additional tests, the Patient will be responsible for the costs of these tests.

ARTICLE 9 – RIGHTS AND RESPONSIBILITIES OF THE CLINIC

9.1. The Clinic will take all necessary steps to fulfill its contractual obligations and ensure the Patient’s satisfaction. In this regard, the Clinic will send a confirmation email to the Patient regarding the reservation via mail, WhatsApp, or similar communication methods after the deposit fee has been paid and the flight details have been communicated to the Clinic.

9.2. The Clinic is not responsible for situations beyond its control, such as lost belongings, and the Patient is expected to exercise due care in this regard.

9.3. The Clinic is obligated to inform the Patient about accommodation and operation details 2 weeks before the operation date. These details are as follows:

• Arrival airport and pick-up time and date
• Procedures
• Procedure & consultation & control dates and times
• Clinic address
• Contact information for all emergency contacts and the patient coordinator.

9.4. The details of the dental treatment services and operation are initially determined based on the information provided by the Patient remotely. Therefore, when the Patient is physically examined by a dentist, the treatment plan may change. The Patient has the right to reject this new plan. However, in such cases, a refund will be made after deducting the deposit and any expenses incurred up to that point.

9.5. If the Patient wishes to proceed with a new treatment plan, the Clinic will offer a revised price quotation, taking into account the new treatment costs, accommodation, travel expenses, and other related costs. The Clinic is not responsible for any irregularities, impossibilities, or additional costs arising from changes to the Patient’s treatment plan.

9.6. The Clinic cannot be held responsible for any complications, emergencies, or medical requirements that may arise during or after treatment due to the Patient’s existing or past diseases, allergies to certain medications, or known or unknown side effects during treatment.

9.7. The Clinic guarantees that all patients will receive the same level of service and respect from the Clinic’s staff and that the following will be strictly adhered to:

• Respect for different choices, cultures, and beliefs,
• Providing a comfortable and safe environment both physically and mentally,
• Ensuring that the Patient is fully informed about the treatment offered and any available alternatives,
• Keeping the treatment details and dental records of patients confidential.

 

ARTICLE 10 – FEEDBACK, REVIEWS, AND DEFAMATION

10.1. By accepting this agreement, the Patient agrees, declares, and commits that they will not defame or criticize the Clinic, any of its employees, affiliates, or partners on public forums, social media, blogs, review sites, etc., in a manner that exceeds freedom of expression and constitutes slander or defamation regarding the actions of the dentist or third parties involved in the treatment.

10.2. Feedback is always welcome, as long as it does not reach the level of slander or defamation.

 

ARTICLE 11 – INSURANCE

11.1. Travel insurance is included in the dental treatment services.

11.2. The Patient’s complication insurance under the dental treatment procedure is included in the dental treatment services.

 

 

 

ARTICLE 12 – CHANGES TO THE TERMS AND CONDITIONS

12.1. The Clinic reserves the right to change the terms and conditions of this agreement at any time, at its sole discretion. If the change is significant and there is an ongoing contractual relationship with the Patient, the Patient will be notified as soon as possible. However, the Clinic has the discretion to determine what constitutes a significant matter. The Patient’s continued use of the Clinic’s services will imply acceptance of the new terms.

 

ARTICLE 13 – SEVERABILITY AND WAIVER

13.1. If any provision of this Agreement becomes invalid for any reason, the remaining provisions will remain in full force and effect.

13.2. The failure of either party to demand the performance of any right under the contract or to enforce any obligation by the other party does not constitute a waiver of that right.

 

ARTICLE 14 – PROTECTION OF PERSONAL DATA

14.1. The Institution keeps the Patient’s personal data, including medical records, with the utmost care. The Clinic does not use or disclose, sell, or rent this data for any other purpose. The Clinic commits to complying with the data protection regulations in force in Turkey to ensure patient confidentiality.

14.2. The Patient’s pre- and post-treatment photos may be used to promote the Institution, develop its website, provide necessary services and treatment outcomes to patients, and for research and analysis related to product development.

14.3. The Patient will also be asked to sign a Personal Data Protection Information Text and explicit consent form, and the data will be processed as explained in these documents.

 

ARTICLE 15 – CONFIDENTIALITY

15.1. The parties agree and declare that the information provided to them is confidential and will be kept confidential under the Personal Data Protection Law. They will not share the information with any institution or organization without the other party’s consent.

15.2. The Clinic is not under any legal obligation to share information, except in cases where information sharing is legally required or in urgent situations for the performance of this Agreement.

15.3. The Institution also has the right to process data as specified in the Personal Data Protection Information Text and explicit consent form.

 

ARTICLE 16 – SOCIAL MEDIA

16.1. With the Patient’s explicit consent, pre- and post-operation photos of the Patient will be shared on the Institution’s various social media accounts and website.

16.2. The Patient has the right to withdraw this consent at any time. In such a case, the photos will be immediately removed.

 

ARTICLE 17 – INTELLECTUAL PROPERTY RIGHTS

17.1. All content, graphics, formats, designs, user interfaces, and other copyright-protected materials on the website and any medium owned by the Clinic are protected by copyright law and other intellectual property laws and belong to the Clinic.

17.2. Materials on the website and other platforms are for informational purposes only.

 

ARTICLE 18 – FORCE MAJEURE

18.1. In addition to general force majeure events (such as strikes, war, pandemics, etc.), failure to fulfill the Clinic’s obligations due to actions of third parties, such as airlines, hotels, etc., will also be considered a force majeure.

18.2. If the force majeure lasts 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 payments beyond the deposit were made by the Patient, the remaining balance will be refunded after deducting the expenses incurred.

 

ARTICLE 19 – GUARANTEE CONDITIONS AFTER DENTAL TREATMENT PROCEDURE

19.1. The Clinic offers a guarantee for all dental treatment procedures.

19.2. However, the following situations are excluded from the guarantee after the dental treatment procedure:

• If the Patient neglects daily oral and dental care;
• If the Patient does not attend dental hygiene appointments once a year (email confirmation will be obtained);
• If damage occurs to the Patient’s teeth due to breaking, impact, etc.;
• If issues arise due to incorrect information provided by the Patient to the Dentist during consultation;
• If the Patient visits another dental clinic and undergoes extensive treatment that significantly affects the dental treatment performed by the Clinic;
• If the Patient experiences issues with their teeth due to medical conditions after the dental treatment procedure.

 

 

ARTICLE 20 – DISPUTE RESOLUTION AND EVIDENCE AGREEMENT

20.1. In case of a dispute arising from the contract or operational matters, the parties will prioritize resolving the dispute amicably, in good faith, and, if necessary, with the help of a mediator.

20.2. In case of any dispute arising from this Agreement, the Clinic’s official records (including but not limited to WhatsApp messages, emails, online records, provider records, and mobile operator records) will serve as evidence.

 

ARTICLE 21 – APPLICABLE LAW

21.1. In any case, Turkish law will apply to disputes arising from this Agreement, and the Courts and Enforcement Offices in İzmir will have jurisdiction.

 

ARTICLE 22 – FINAL PROVISIONS

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