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Main Office

Bostan Sok. No:2/6 Nişantaşı İstanbul Turkey 34367

Phone Number

+90 532419 4868

E-Mail Adress

support@wellesclinic.com

Main Office

Bostan Sok. No:2/6 Nişantaşı İstanbul Turkey 34367

Phone Number

+90 532419 4868

E-Mail Adress

support@wellesclinic.com

AGREEMENT ON MEDICAL SERVICE BROKERAGE
PARTIES 1
This Medical Service Brokerage Agreement (“Agreement”) was executed with the free will of the parties on the date of signature by and between Welles INC. (“Welles”) and the undersigned Patient (the Patient). The Patient agrees, declares, and undertakes that he or she understands and will comply with these guidelines by accepting the Agreement.
Welles reserves the right to change this Agreement at any time.

 

2. THE AGREEMENT’S Purpose
2.1 This agreement governs medical tourism in Turkey, for which Welles acts as an intermediary company, and the arrangement of all types of services required in this context, such as medical attendants, hospitals, lodging, travel, and transportation; the price and payment basis for these services; and the parties’ rights and obligations. Welles is not a service provider, but rather an organisation that connects people with service providers.

 

2.2 In accordance with the Agreement, the Patient accepts, declares, and agrees that he or she has received preliminary information about medical tourism from Welles, which will be provided to him or her as an intermediary institution, and that he or she will comply with this Agreement in accordance with the information provided.
2.3 The Patient acknowledges that Welles’ service is an intermediary service, and agrees and undertakes that he or she is aware that the party responsible for any potential dispute is the actual service provider for disruptions during the intermediary services provided under this Agreement, such as hospital, medical attendant, transfer, and accommodation.

 

2.4 Within the scope of the Agreement, the Patient accepts, declares, and agrees that he/she provided correct personal identity and contact information, that he/she has no health and/or travel obstacles, that Welles has no obligation or liability if the Patient provides incorrect information, that if ClinicalHub suffers any loss as a result of the provision of incorrect information, Welles has no obligation or liability, and that if ClinicalHub suffers any loss as a result of the The Patient is completely responsible for any missing information or documents that he or she has submitted.

 

2.5 In accordance with the information and instructions provided by Welles, any additional charges will be reimbursed by the patient if he or she is late or misses the transportation facilities.

 

3. PRICE AND PAYMENT METHOD OF THE AGREEMENT
3.1 In exchange for Welles providing the Patient with an intermediate service, the Patient must first pay a 30% deposit. The day of the Patient’s necessary arrangements is reserved with this prepayment, as guaranteed by the company and/or persons who will provide health, accommodation, and transfer services on the Patient’s behalf. Welles is not liable if you sign this Agreement without paying anything in advance.

 

3.2 Services that are not included in this Agreement or that are supplied after the patient has received medical intermediary services will be subject to additional charges. The Patient is responsible for all costs originating from the Agreement, as well as equivalent payments and expenses. In the event of default, default interest will be demanded.

 

3.3 Up until the day of operation, all arrangements subject to intermediate service must be paid in full to Welles. If the Patient refuses to sign any contracts or documents submitted by service providers, fails to perform his or her agreed and signed duties, or in any other similar event, there will be no reimbursement of the price. If the patient incurs additional costs for Welles because he or she is unable to use travel, lodging, transportation, or health services on the agreed-upon dates, the patient must pay the additional costs to Welles promptly.

 

4. WELLES’ RIGHTS AND OBLIGATIONS 4.1 Welles will act as an agent for aesthetic, dental, hair transplantation, and general surgery or general healthcare services, as well as accommodation, travel, and transportation services, to be provided to the Patient under this Agreement, and will direct the Patient to the clinic and/or the medical attendant where the healthcare will be provided.

 

4.2 The Patient irrevocably accepts, declares, and agrees to keep Welles harmless from any and all pecuniary or non-pecuniary losses resulting from medical services, with the exception of intermediary service. The Patient accepts, proclaims, and guarantees that Welles, as an intermediary institution, will provide all of these services to him or her.

 

4.3 The Patient may not act in a manner that is inconsistent with this article; the Patient recognizes, declares, and agrees that the service provider is responsible for medical services and additional services that are not covered by Welles’ liability. The Patient may not take any adverse action against Welles as a result of his or her dissatisfaction with the medical services provided; otherwise, the Patient will be required to pay the amount of remuneration paid as a penalty.
4.4 Before this Agreement takes effect, Welles urges the Patient to insure against the risks of any accident, all types of losses stemming from an accident, and treatment expenses.

 

4.5 Welles is not liable for any damages resulting from non-performance of the Agreement in whole or in part due to force majeure or unforeseeable events. Force significant events, as defined by law, are extraordinary and unpredictable circumstances that obstruct the beginning, continuation, or termination of the Agreement, even if all steps are taken, and events over which Welles has no control.

 

5. THE PATIENT’S RIGHTS AND OBLIGATIONS
5.1 Welles shall offer medical services, travel, lodging, and transportation to the Patient as an agency.
5.2 The Patient is responsible for informing Welles of his or her medical history in a complete and accurate manner by completing the medical form available on the Internet with his or her health information.
5.3 The Patient is required to pay according to the terms of the Agreement. Any delay created by the patient is his/her personal responsibility. If Welles incurs any additional expenditures or obligations as a result of the delay, the Patient is responsible for these fees and expenses.

 

5.4 If the Patient is a minor, it is mandatory to give Welles with contact information that may be used to communicate directly with the minor’s legal agent.
5.5 In the event of a free-of-charge transportation to a facility agreed to over Welles and mandatory lodging, the Patient is required to cover the costs.
5.6 By accepting this Agreement, the Patient accepts, proclaims, and agrees not to publicly attack or criticize Welles or any of its employees, associates, or partners in regards to Service Provider’s treatments and actions (review websites, social media networks, blogs, public forums, etc.).

 

Because Welles cannot be held liable for the services, medical treatments, and procedures provided by the Service Provider, the Patient agrees, declares, and agrees not to bring a bad name to Welles or any of its employees, or to take any action that harms Welles, its reputation, services, or management at any time during or after the contract period. In the event of a breach of this provision, the Patient accepts, declares, and agrees to remove and take down the content as soon as Welles determines it. If any of the content remains, in part or in whole, the Patient agrees, declares, and agrees to pay Welles a penalty of £10.000.00 GBP in addition to all damages.

6. ASSIGNMENT AND CANCELLATION OF THE AGREEMENT
6.1 In accordance with the goodwill, Welles has the right to unilaterally terminate this Agreement. Except for mandatory taxes, fees, and similar charges deriving from legal responsibilities and expenses paid to third parties that can be proved and cannot be returned, the Patient will receive a refund for the amount he or she spent if Welles cancels the Agreement. In this case, the cancellation and change policies of the firms relating to already acquired aircraft, train, and navigation tickets, as well as lodging fees, would apply. Penalties, if any, will be passed on to the passenger, i.e. the patient.

 

6.2 For reimbursements issued through a bank, the Patient will cover the bank transfer cost. Welles has no claim to remuneration as a result of this. Welles is not responsible for any delays in refunding credit card costs.
6.3 If one of the parties breaks the Agreement, the non-breaching party must notify the non-breaching party in writing via notary public within 7 (seven) working days of the breach. If the breach cannot be remedied within a reasonable amount of time, the non-breaching party has the right to terminate the Agreement.

 

6.4 Welles has the right to assign the Agreement in part or in whole to real and legal persons with whom it has negotiated for the performance of the Agreement. In this instance, the linked real person or legal entity is the successor for the assigned components.

6.5 The Patient does not have a right of recission and/or cancellation unless he/she provides a complete and appropriate apostilled and valid medical report explaining why he/she cannot get medical service due to another medical cause. If the prerequisites are met, the recession or cancellation is only legal if the notification is in writing. In the event of an adjournment, Welles has the right to deduct a refund and/or refuse to accept.

6.6 If the Patient exercises his or her right to cancel under article 6.5, the cancellation will take effect on the day Welles receives written notice of the Patient’s cancellation. The amount of fees due will be determined by when the cancellation notice is received. The cancellation fee, on the other hand, shall always be limited to the actual expenses and disbursements made. Patient’s money will be kept as a reservation fee in the event of a cancellation.

7. CONFIDENTIALITY AGREEMENT

7.1 “Confidential Information” that may be exchanged between the parties means any and all information of the owning Party, which constitutes a trade secret and / or which is in the possession of said party; and includes, without 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, estimates and evaluations, financial reports, contract terms, records and all information and materials related to the aforementioned Party’s businesses, all kinds of related products, goods and services with it, its shareholders, affiliates, other persons authorized by it, its patients and consultants, the method used to obtain them, trade secret, any type of formula, know-how, patent, invention, design, Patient lists, budget, business development, marketing and pricing plans and strategies, and all similar information.

7.2 Welles and the Patient acknowledge and agree that the information provided to them is confidential, that they will keep it confidential in accordance with Personal Data Protection Law, and that they will not share it with any organization or institution without the other Party’s consent. In circumstances where it is a legal obligation to disclose information in line with legal rules or in cases where it is urgent for the performance of this Agreement, Welles is not under any legal obligation or liability as a result of the sharing of information.

 

7.3 The Patient is unable to make changes on his or her own behalf or on behalf of another person by bypassing Welles and contacting the individuals and companies from whom he or she receives medical services directly. Without written authorization, the Patient cannot divulge text messages, calls, discussions, or photographs between him and Welles on any platform or anywhere. Otherwise, the Patient accepts, declares, and agrees to pay a penalty clause of £10.000.00 GBP in cash and immediately, in addition to all damages.

 

8. ADDITIONAL TERMS
8.1 For hotel stays, children aged 0 to 6 years old are not offered separate beds.

8.2 Children over the age of two must pay a price because all modes of transportation require them to have a seat.

8.3 During the service time, the Patient is responsible for keeping track of and controlling his or her goods, and Welles is not responsible for lost, stolen, or damaged items. Welles is not responsible for missing items or events caused by third parties such as hotels or transfers.

8.4 Welles maintains the right to make changes to its program, lodging facilities, and modes of transportation, or to cancel them altogether, due to serious or operational reasons. In this instance, the reservation owner’s approval is not required, and he or she has no right to cancel or receive reimbursement.

8.5 During the Agreement, the Patient is particularly cautioned and informed that when traveling by airway, the departure time or kind of plane may vary owing to reasons arising from the airline firm, and the Patient has accepted this.

8.6 The lodging facility creates a stumbling hurdle. For international travel, everyone, including babies, needs a passport and, depending on the country, a visa. The Patient accepts and declares that Welles has told him or her of the problem.

8.7 All additional service fees, other than the type of lodging indicated within the scope of the Agreement, must be paid in cash by the Patient at the hotel check-out.
8.8 For road transportation, you must arrive half an hour ahead of time, and for air transportation, you must arrive two hours ahead of time.
8.9 Within the scope of the Agreement’s execution, including transportation, no seat number will be issued. During the departure, the transfer guide in the car will inform you of your seat number.

8.10 Because the airway transportation transfer service is an aircraft + transfer package, this service is only valid for the airway transportation packages purchased by the Patient from Welles. When the Patient changes the plane or the departure schedule on his or her own, or when he or she leaves the hotel early, the transfer service will be void.

8.11 Pets are not permitted on the transportation system or in the facilities.
9. JURISDICTION AND APPLICABLE LAW
9.1 This Accord is governed by Turkish law. Disputes originating from this Agreement are to be resolved by Istanbul Courts and Execution Offices.
9.2 Any ambiguity or inconsistency in the meaning of this Agreement’s provisions does not render any other provision invalid. The stamp duty on the copy of this Agreement that each Party has is their responsibility.

10. EVIDENTIAL AGREEMENT 10.1 The Patient recognizes, declares, and agrees that Welles’ records and books will be evidence in any disputes emerging from this Agreement, that he/she will not object to them, and that no other evidence will be presented.