MEDICAL SERVICES BROKERAGE AGREEMENT
This agreement set out the terms and conditions about any medical package you buy from Health Tourism
International Ltd, or if you are a clinic or a Doctor dealing with Health Tourism International Ltd.
Please read these Terms & Conditions and the documents referred below.
By accepting our terms and
conditions, you confirm that you will be bounded with these Terms & Conditions and you agree to
comply with them.
Health Tourism International Ltd has the right to change and modify the Terms and Conditions without any
prior notice.
1. PARTIES
This Medical Service Brokerage Agreement has been executed on the date of signature by and between Health Tourism Ltd. (UK Company Number 15802237), the undersigned Patient, and the Doctor or Clinic/Hospital, with the free will of the parties.
By accepting this Agreement, the Parties hereby accept, declare, and undertake that they understand these rules and will comply with them.
Health Tourism International Ltd. reserves the right to amend this Agreement when necessary.
2. SUBJECT OF THE AGREEMENT
2.1 This agreement regulates medical tourism internationally which Health Tourism International Ltd
serves as an intermediary company in accordance with the Patient’s request and the arrangement of all
kinds of services necessary in this context such as medical attendants, hospital, accommodation, travel
and transportation; price and payment basis of these services and the rights and obligations of the parties.
Health Tourism International Ltd is not a service provider, but an institution which serves as an
intermediary to reach service providers.
2.2 In accordance with the Agreement, the Patient accepts, declares and undertakes that he/she has been
provided preliminary information regards to the medical tourism, which will be given to him/her as an
intermediary institution, by Health Tourisam International Ltd and that he/she will comply with this
Agreement in accordance with the information provided.
2.3 The Patient acknowledges that the service provided by Health Tourism International Ltd is an
intermediary service, and agrees and undertakes that he/she knows that the party for any potential dispute
is the actual service provider for the disruptions during the intermediary services provided under this
Agreement such as hospital, medical attendant, transfer, accommodation.
2.4 Within the scope of the Agreement, the Patient accepts, declares and undertakes that the Patient gave
his/her personal identity and contact information correctly, that he/she does not have any health and/or
travel obstacles, that, in the event of giving incorrect information, Health Tourism International Ltd does
not have any obligation or liability, that, if Health Tourism International Ltd suffers any loss due to the
provision of incorrect information, he/she will cover the loss immediately and without delay, and that
he/she can be reached via the contact information given. The Patient is personally liable for the missing
information and documents provided by him/her.
2.5 In line with the information and details given to him/her by Health Tourism International Ltd, in cases
where the patient is late or misses the transportation facilities, all additional costs will be covered by the
Patient.
3. AGREEMENT PRICE AND METHOD OF PAYMENT
3.1 In return for the intermediary service to be provided to the Patient by Health Tourism International
Ltd, the Patient must first make a 10% prepayment. With this prepayment, the day of the necessary
arrangements for the Patient is reserved as guaranteed from the company and/or persons who will provide
health, accommodation and transfer services on behalf of the Patient. Signing this Agreement without
making any prepayment does not create any liability for Health Tourism International Ltd.
3.2 Services which are not included in this Agreement or which will be performed after the patient been
has provided with medical intermediary services shall also be subject to additional charges. All fees
arising from the Agreement and similar payments and expenses are charged to the Patient. In case of
default, default interest payment will be requested.
3.3 The prepayment of 10% mentioned above is not refundable unless the patient sends a medical report
indicating he/she is not medically suitable for the treatment the parties agreed on before. The prepayment
can be transferred to another person upon the approval of every parties involved.
3.4 Balance payment concerning all arrangements subject to intermediary service is payable to Health
Tourism International Ltd until the day of operation. Once the reservation is made, there will be no refund
of the fee if the Patient refrain from signing any contracts or documents submitted by service providers,
fail to fulfil his/her obligations agreed and signed, and in any similar cases. If the patient cause additional
cost to Health Tourism International Ltd in case he/she cannot benefit from travel, accommodation and
transportation or health services on the dates agreed in the Agreement, the additional cost in question will
be paid to Health Tourism International Ltd immediately by the patient.
3.5 All payments received will be paid and held in an ESCROW account and only released with the
express permission of the patient and Health Tourism International Ltd.
4. RIGHTS AND OBLIGATIONS OF HEALTH TOURISM INTERNATIONAL LTD
4.1 Health Tourism International Ltd will act as an agency for bariatric, aesthetic, dental, hair
transplantation and general surgery or general healthcare services, accommodation, travel and
transportation services which will be provided to the Patient under this Agreement and will direct the
Patient to the clinic and/or to the medical attendant where the healthcare will be provided.
4.2 The Patient irrevocably agrees, declares and undertakes that Health Tourism International Ltd has no
legal obligation, except intermediary service, for medical services that will be provided to the Patient and
that he/she will hold Health Tourism International Ltd harmless of any and all pecuniary or non-pecuniary
damages arising from medical services. The Patient agrees, declares and undertakes that he/she will get all
these services from Health Tourism International Ltd as an intermediary institution.
4.3 The Patient cannot take actions incompatible with this article, the Patient accepts, declares and
undertakes that service provider is liable for medical services and additional services which are not under
the liability of Health Tourism International Ltd. The Patient cannot take any negative action against
Health Tourism International Ltd because of his/her unsatisfaction with medical services provided,
otherwise the Patient will be under obligation to pay, as a penalty, the amount of remuneration paid.
4.4 Health Tourism International Ltd advises the Patient to insure the risks of any accident, all kinds of
damages arising from an accident and expenses of treatment before this Agreement enters into force.
4.5 Health Tourism International Ltd cannot be held liable for the damages arising from non performance
of the Agreement at all or as is due because of force majeure or unexpected events. Force majeure events
provided by law, events that constitutes an obstacle for the initiation, continuation or termination of the
Agreement which are extraordinary and unpredictable even if all the measures are taken and the events
that Health Tourism International Ltd does not have any impact on will be regarded as force major.
5. RIGHTS AND OBLIGATIONS OF THE PATIENT
5.1 Health Tourism International Ltd, as an agency, will provide medical service, travel, accommodation
and transportation services to the Patient.
5.2 The Patient is obliged to inform Health Tourism International Ltd of his/her medical background
correctly and clearly by filling the medical form that is available on the website with his/her health
information.
5.3 The Patient is obliged to make payment as specified in the Agreement. The Patient is personally liable
for any delay caused by him/her. If such delay causes Health Tourism International Ltd any additional cost
or obligation, the Patient must pay these costs and expenses to Health Tourism International Ltd.
5.4 If the Patient is under 18 years old, it is obligatory to provide Health Tourism International Ltd with
the contact information which can be used for direct communication with legal representative of minor
5.5 The Patient is obliged to cover the expenses in case of a free-of-charge transfer to a facility agreed
over Health Tourism International Ltd and compulsory accommodation.
5.6 The Patient will arrange through Health Tourism International any repeat treatment or appointments
required by the patient, the doctor shall pay damages to Health Tourism International Ltd the sum of
£10,000,00 GBP for failure to disclose this information to Health Tourism International Ltd.
5.7 By accepting this Agreement, the Patient agrees, declares and undertakes not to attack or criticise
Health Tourism International Ltd or any of its employee, associate or partner publicly (review websites,
social media networks, blogs, public forums etc.) in regards to Service Provider’s treatments and actions.
As Health Tourism International Ltd cannot be held responsible for the services, medical treatments and
procedures provided by the Service Provider, the Patient agrees, declares and undertakes not to bring bad
name to Health Tourism International Ltd or any of its employees or take action that negatively affects
Health Tourism International Ltd, its reputation, services or management at any time during or subsequent
to contract period. In case of breach of this clause, the Patient agrees, declares and undertakes to remove
and take down the content immediately upon Health Tourism International Ltd’ assessment. If content
remains, in part or in whole, the Patient agrees, declares and undertakes to pay 10,000,00 GBP to Health
Tourism International Ltd as a penalty in addition to all damages.
6. RIGHTS AND OBLIGATIONS OF THE DOCTOR / CLINIC
6.1 Health Tourism International Ltd, as an agency, will provide medical service, travel, accommodation
and transportation services to the Patient.
6.2 The Doctor / Clinic / Hospital is obliged to inform Health Tourism International Ltd of their medical
expertise.
6.3 The Doctor/ Clinic / Hospital is liable for any delay caused. If such delay causes Health Tourism
International Ltd any additional cost or obligation, the Doctor / Clinic / Hospital must pay these costs and
expenses to Health Tourism International Ltd.
6.4 If the Patient is under 18 years old, it is obligatory for the Doctor / Clinic / Hospital to provide Health
Tourism International Ltd with the contact information which can be used for direct communication with
legal representative of minor.
6.5 The Doctor / Clinic / Hospital is obliged to cover the expenses in case of a free-of-charge transfer to a
facility agreed over Health Tourism International Ltd and compulsory accommodation.
6.6 The Doctor / Clinic / Hospital will arrange through Health Tourism International any repeat treatment
or appointments required by the patient, the doctor shall pay damages to Health Tourism International Ltd
the sum of £10,000,00 GBP for failure to disclose this information to Health Tourism International Ltd.
6.7 By accepting this Agreement, the Doctor / Clinic / Hospital agrees, declares and undertakes not to
attack or criticise Health Tourism International Ltd or any of its employee, associate or partner publicly
(review websites, social media networks, blogs, public forums etc.) in regards to Service Provider’s
treatments and actions. As Health Tourism International Ltd cannot be held responsible for the services,
medical treatments and procedures provided by the Service Provider, the Patient agrees, declares and
undertakes not to bring bad name to Health Tourism International Ltd or any of its employees or take
action that negatively affects Health Tourism International Ltd, its reputation, services or management at
any time during or subsequent to contract period. In case of breach of this clause, the Patient agrees,
declares and undertakes to remove and take down the content immediately upon Health Tourism
International Ltd’ assessment. If content remains, in part or in whole, the Patient agrees, declares and
undertakes to pay 10,000,00 GBP to Health Tourism International Ltd as a penalty in addition to all
damages.
ASSIGNMENT OF THE AGREEMENT
6.1 Health Tourism International Ltd has the right to cancel this Agreement unilaterally in line with the
goodwill. In case of cancellation of the Agreement by Health Tourism International Ltd, the Patient will
get a refund for the amount he/she paid except for compulsory taxes, fees and similar expenses arising
from the legal obligations and the expenses that have been paid to third parties, and can be documented
and cannot be refunded. Again in this context, the cancellation and change rules of the companies related
to the flight, railway and navigation tickets and accommodation expenses purchased previously shall be
applied as they are. If any, penalties shall be reflected to the passenger, namely the patient.
6.2 The Patient will cover the bank transfer fee for refunds that will be made through a bank. Health
Tourism International Ltd does not have a right for compensation for this. Health Tourism International
Ltd cannot be held liable for any delay of refund of fees paid by credit card.
6.3 If one of the parties violates the Agreement, non-breaching party requests for elimination of the breach
of the Agreement within 7 (seven) work days by a written notice via notary public. Non-breaching party
has the right to cancel the Agreement if the breach cannot be eliminated within the given period of time.
6.4 For the performance of the Agreement, Health Tourism International Ltd has the right to assign the
Agreement partially or fully to real and legal persons with whom it is contracted. In such case, the
successor for the assigned parts is the related real person or legal entity.
7. CONFIDENTIALITY AGREEMENT
7.1 “Confidential Information” that can be exchanged between parties means any and all information of
the Party owning them, which constitutes a trade secret and/or which is under possession of the said party;
and it includes, without any limitation, design information, technical information, trade secrets, ideas and
inventions, projects, drawings, models, software programs, algorithms, software modules, program source
code, specifications, product plans and technologies, software user manuals, marketing information,
Patient lists, estimations and evaluations, financial reports, contract terms, records and all information and
materials related to aforesaid Party’s business, all kinds of products, goods and services related to itself,
its shareholders, affiliates, other persons licensed by itself, its Patients and consultants, method used to
obtain these, trade secret, any kind of formula, know-how, patent, invention, design, Patient lists, budget,
business development, marketing and pricing plans and strategies and all similar information.
7.2 Health Tourism International Ltd and the Patient accept and declare that the information provided to
them is confidential, they will keep this information confidential in accordance with Personal Data
Protection Law, and will not share the information with any organization or institution without the
approval of the other Party. Health Tourism International Ltd is not under any legal obligation or liability
due to the sharing of information in cases where it is a legal obligation to share information in accordance
with legal regulations or in cases where it is urgent for the performance of this Agreement.
7.3 The Patient cannot make adjustments on his/her behalf or on behalf of other person by bypassing
Health Tourism International Ltd and directly contacting with persons and companies from which he/she
receives medical service. The Patient cannot disclose text messages, calls, conversations and images
between him/her and Health Tourism International Ltd on any platform and anywhere without written
permission. Otherwise, the Patient accepts, declares and undertakes that he/she is obliged to pay
10,000,00 GBP as a penalty clause and at once in addition to all damages.
8. OTHER TERMS
8.1 Children who are 0-6 years old are not given separate beds for hotel accommodations.
8.2 Since there is a seat requirement in means of transportation for children who are over 2 years old, they
are subject to fee.
8.3 The Patient has obligation to follow and control his/her belongings during the service period, and
Health Tourism International Ltd is not liable for lost/stolen/damaged belongings. Health Tourism
International Ltd is not liable for belongings lost and events experienced in third parties such as hotel,
transfer.
8.4 Health Tourism International Ltd reserves the right to make any adjustments or to cancel in its
program, accommodation facilities and means of transportation due to force major or operational reasons.
In such case, reservation owner’s approval is not necessary and he/she does not have the right to cancel or
compensation.
8.5 The Patient is specifically warned and informed during the Agreement that departure time or the type
of plane may change due to reasons arising from the airline company when traveling by airway, and this
has been accepted by the Patient.
8.6 The accommodation facility establishes blockage. A passport and depending on the state a visa is
required, including babies, for foreign trips. The Patient accepts and declares that he/she is informed by
Health Tourism International Ltd about this issue.
8.7 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.
8.8 It is compulsory to be present at the meeting point half an hour before for road transport and two
hours before for airway transport.
8.9 Seat number will not be given within the scope of execution of the Agreement including
transportation. Seat number shall be learned from the transfer guide in the vehicle during the departure.
8.10 Pets are not allowed in the means of transport and in the facility.
9. APPLICABLE LAW AND JURISDICTION
9.1 This Agreement is subject to the UK law.
9.2 Any change in meaning or contradiction between the provisions of this Agreement does not invalidate
any other provision. The Parties are responsible for stamp duty for the copy of this Agreement which they
possess.
10. EVIDENTIALAGREEMENT
10.1 The Patient accepts, declares and undertakes that Health Tourism International Ltd’ records
and books will be evidence for the disputes arising from this Agreement, that he/she will not
object to these record and books and will not present any other evidence.