Health Tourism Terms & Conditions
This Health Tourism Brokerage Agreement is issued by Elitica by Elitica Medical Travel Services, regulating all intermediation services between the patient and third-party providers for medical tourism in Türkiye.
Health Tourism Brokerage Agreement
This Health Tourism Brokerage Agreement (“Agreement”) is entered into by and between:
Elitica Medical Travel Services, a TURSAB-accredited medical tourism facilitator operating under the brand name Elitica, having its registered office at Mall of ISTANBUL, The Office, Kat 4, Başakşehir, İstanbul, Türkiye (“Elitica”),
and
the individual (“Patient”) who submits a service request and/or reservation through the website https://elitica.tr or its affiliated platforms.
The Patient acknowledges, declares, and undertakes that by submitting a reservation request, he/she has carefully reviewed, understood, and agreed to the terms and conditions of this Agreement in full.
2. Purpose of Agreement
This Agreement governs the rights and obligations of the parties with respect to the Patient’s use of medical tourism intermediation services. The Patient seeks to benefit from medical services provided in Türkiye, as well as associated services such as accommodation, transportation, translation, and travel arrangements. These services shall be provided by third-party service providers (“Providers”), coordinated by Elitica, acting solely as an intermediary agency.
3. Obligations of Elitica
- 3.1 Elitica shall refer the Patient to licensed and reputable healthcare Providers, accommodation facilities, and transportation/travel service providers in accordance with the Patient’s preferences.
- 3.2 Elitica operates solely as an intermediary agency and is not the provider of any medical or ancillary services. The full responsibility for the services lies with the designated Provider.
- 3.3 Elitica does not guarantee any specific medical outcomes or levels of satisfaction and disclaims liability for the adequacy, quality, or success of the services delivered by Providers. Patients are encouraged to obtain travel and medical insurance at their own discretion.
- 3.4 Elitica shall not be liable for delays, disruptions, or non-performance due to force majeure events, including but not limited to pandemics, natural disasters, war, governmental restrictions, or other unforeseen circumstances. In such cases, Elitica shall notify the Patient promptly. If force majeure conditions persist beyond three months, either party may terminate this Agreement without compensation. In such event, only the unused intermediary fee will be refunded, less payments already transferred to Providers.
4. Obligations of the Patient
- 4.1 The Patient affirms that he/she has been informed of the intermediation services and agrees to abide by the terms of this Agreement.
- 4.2 The Patient shall make timely payments as described herein and shall be responsible for any consequences of non-payment or delay.
- 4.3 The Patient agrees to attend all scheduled appointments and services on time. Failure to do so—regardless of fault—may result in additional costs which the Patient agrees to bear.
- 4.4 The Patient accepts that all liability for the provision and outcomes of services lies with the Providers. The Patient shall not hold Elitica liable for any damages, losses, or dissatisfaction related to services rendered.
- 4.5 The Patient agrees to provide accurate and complete personal, contact, and medical information necessary for coordination of services. Elitica disclaims responsibility for any issue arising from misinformation and reserves the right to claim damages.
- 4.6 The Patient agrees not to make negative, defamatory, or misleading public statements (including reviews, social media posts, blogs, etc.) about Elitica or its affiliates without substantiated legal cause.
5. Fees and Payment Terms
- 5.1 A 50% advance payment is required to confirm the reservation of services. This Agreement becomes effective only after receipt of this advance payment.
- 5.2 The remaining 50% of the total service cost shall be paid no later than ten (10) days prior to the commencement of services. Failure to pay shall result in cancellation with no refund.
- 5.3 Any additional services requested that are outside the original scope shall incur additional charges.
6. Termination
- 6.1 In the event of a breach of this Agreement, the non-breaching party shall notify the breaching party in writing and allow a period of seven (7) working days to remedy the breach. If not remedied, the non-breaching party may terminate the Agreement. Elitica may terminate the Agreement immediately and without notice in the event of the Patient’s default in payment obligations. In such case, the advance payment shall be retained as a cancellation fee.
- 6.2 The Patient may terminate the Agreement only upon submission of a valid medical report (apostilled and issued by a fully equipped hospital) proving that he/she is unable to receive medical services. In this case, after deductions made by the Providers, any remaining balance shall be refunded within fifteen (15) days. Elitica shall not be liable for delays caused by third-party institutions or credit card providers.
- 6.3 If the Patient cancels the Agreement without a valid cause, the advance payment shall be retained as a cancellation fee. Elitica reserves the right to claim compensation for damages exceeding the amount of the advance.
- 6.4 If the Patient requests to postpone services, Elitica may approve such request at its sole discretion, subject to an additional fee. If the Patient fails to pay the additional fee within five (5) working days following approval, the Agreement shall be considered terminated and the advance payment shall be retained as the cancellation fee.
7. Confidentiality and Data Protection
- 7.1 Both parties agree not to disclose any confidential information obtained during the term of this Agreement to third parties without prior written consent, except where disclosure is required by law or necessary for performance of this Agreement.
- 7.2 The Patient shall not share or publish any correspondence, messages, photos, videos, or audio recordings involving Elitica, its employees, Providers, or their employees. Any breach of this clause shall result in a penalty of €10,000, without prejudice to Elitica’s right to claim additional damages.
-
7.3 The Patient consents to the collection, processing, and transfer of personal data, including sensitive health data, within Türkiye or abroad, solely for the purpose of fulfilling this Agreement. Personal data may be shared with:
- 7.3.1 Accommodation partners
- 7.3.2 Travel and transportation service providers
- 7.3.3 Medical service Providers
- 7.3.4 Payment and financial institutions
+ - + 7.4 At the time of collecting personal data under this Agreement, Elitica provides the information required by GDPR Article 13. + For the full, official text see + https://gdpr-info.eu/art-13-gdpr/ +
- 7.3.1 Accommodation partners
- 7.3.2 Travel and transportation service providers
- 7.3.3 Medical service Providers
- 7.3.4 Payment and financial institutions
8. General Provisions
- 8.1 The Patient acknowledges and agrees that the terms, conditions, and cancellation policies of the relevant Providers shall apply to all services received.
- 8.2 Elitica reserves the right to modify or cancel reservations due to force majeure or operational requirements without obtaining prior consent from the Patient. In such cases, the Patient is not entitled to cancel or claim compensation.
- 8.3 The Patient acknowledges that departure times and aircraft types are subject to change by airlines and that Elitica shall not be held liable for such changes.
- 8.4 Depending on the Patient’s nationality, entry requirements such as passport validity, visas, vaccinations, or other documents may be required. The Patient confirms that he/she has been informed and is responsible for compliance.
- 8.5 The accommodation provider is responsible for room allocations. Any extra services not included in the accommodation package must be paid by the Patient directly at the hotel during check-out.
- 8.6 Pets are not permitted in transportation vehicles or accommodation facilities unless otherwise agreed in writing.
- 8.7 This Agreement, including any rights and obligations arising from it, may not be assigned by either party without the prior written consent of the other party.
9. Notifications
- 9.1 All official communications and notifications between the parties regarding this Agreement shall be sent to the contact details (including email and phone number) provided in this Agreement unless updated in writing by either party.
- 9.2 Notifications sent to the last known contact details shall be deemed delivered even if the recipient has not updated their information.
- 9.3 The Patient agrees to promptly notify Elitica of any changes to his/her contact details. Failure to do so shall result in the Patient being solely liable for any resulting damages or missed communications.
10. Severability
- 10.1 If any provision or part of this Agreement is found to be invalid, unlawful, or unenforceable by a competent authority, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
- 10.2 The parties shall make reasonable efforts to replace any invalid or unenforceable provision with a valid one that most closely reflects the original intent of the parties.
11. Language of Agreement
- 11.1 This Agreement is executed in both English and Turkish languages.
- 11.2 In the event of any discrepancy or conflict between the two versions, the Turkish version shall prevail and be legally binding.
12. Evidential Contract
- 12.1 In the event of any dispute arising from or in connection with this Agreement, all types of records including, but not limited to, correspondence, books, electronic communications, digital records, and notifications shall constitute valid and binding evidence.
- 12.2 Both parties accept the evidential value of such materials exclusively, waiving any objections to their admissibility or authenticity unless proven otherwise.
13. Governing Law and Resolution of Disputes
- 13.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Türkiye.
- 13.2 Any disputes arising out of or in connection with this Agreement that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the Istanbul Courts and Enforcement Offices.