Facility Registration Agreement

Facility Registration Agreement

Article 1

Parties

This Facility Registration Agreement (hereinafter referred to as the Agreement) is between Health World Tourism Company LTD., continuing its operations at Office 408, Screenworks 22 Highbury Grove, London, United Kingdom, N5 2ER (hereinafter referred to as the Company) and the institution and organization (hereinafter referred to as the Facility - Healthcare Institution) that wishes to receive services using the website www.healthworldtourism.com, operated by the Company (hereinafter referred to as the Platform), and electronically signs this agreement on the Platform. The Agreement will come into effect upon electronic acceptance by the Facility - Healthcare Institution. The agreement will remain in effect unless terminated by the parties in accordance with the agreement or if a situation arises that justifies the termination of the agreement.

 

Article 2

Scope of the Agreement 

2.1 This Agreement regulates the rights and obligations of the parties regarding the listing of services by Facilities on the Platform, accepting reservations, providing services to users, performing treatment procedures, processing payments, and the cooperation between the Platform, the Company, and the Facility. 

2.2 The Platform only provides listing, promotion, advertising, reservation, payment facilitation, and related technical services. The medical content, quality, outcome, clinical application, diagnosis, and treatment decisions of the services are entirely the responsibility of the Facility. The Platform and/or the Company do not assume any responsibility regarding services and treatment. 

2.3 By signing this agreement, the Facility acknowledges that it has reviewed and accepted the User Agreement, which is clearly presented on the Platform, and accepts all the terms of the User Agreement that are binding for it. 

2.4 The Platform is not responsible for and is not a party to any agreements or documents signed between the facility and the user before, during, and after treatment. The Facility cannot act on behalf of the Platform, sign agreements, or make commitments. 

 

 

Article 3 

License and Authority 

3.1 The Facility declares and accepts that it fully possesses all licenses, medical licenses, permits, certificates, specialty documents, physician competencies, and any kind of permissions required by the Ministry of Health of Turkey (and/or relevant regulatory bodies) as per the applicable legal regulations, that these are current and valid, that it is legally authorized to perform all procedures requested by the User, and that it meets all technical and legal requirements. All responsibility in this regard belongs to the facility. In the event of the removal, modification, cancellation, or invalidation of these documents and authorizations, the Facility will immediately inform the Company and cancel all reservations. It declares and undertakes to provide these documents upon the request of the Platform. 

3.2 The Facility undertakes to comply with all applicable legislation, all health legislation, medical practice standards, patient safety protocols, infection and control requirements, occupational health and safety measures, and medication and device usage legislation. The Facility accepts and undertakes not to provide any service that would be legally obstructed or problematic under the legislation. All responsibility in this regard belongs to the Facility. 

3.3 The Facility will personally fulfill valid legal notifications, all taxes, fees, and payments related to its work and transactions. 

3.4 The Facility declares that the competencies, certificates, and all necessary documents and paperwork under the Ministry of Health to which it is affiliated are complete and up-to-date.

3.5 The Facility declares and undertakes that the authorized doctor who will perform the treatment possesses all certificates, diplomas, work permits, and all competencies and that no person other than the doctor reported to the Platform will perform the treatment.

3.6 In cases where the doctor changes, is on leave, or cannot participate in the treatment, the Facility agrees and declares that it will inform the Platform and the user before the treatment and obtain written approval. It accepts and undertakes to obtain written approval from the User for this situation. The User has the right to cancel the reservation in the event of a doctor change, and this right is reserved.

3.7. If the procedure is performed by another doctor, healthcare worker, etc., other than the doctor specified on the Platform and agreed upon during the reservation (preferred), the Facility accepts and undertakes to pay a penalty of 10,000 USD. 

 

 

 

Article 4 

Provision of Service 

4.1 The Facility guarantees that the Service – Treatment descriptions listed on the Platform are current, accurate, and complete. The descriptions will clearly include possible medical risks and complications, expected recovery time, necessary pre-preparation, and follow-up requirements. Additionally, it will provide detailed answers to all questions users may ask through the platform, covering all possibilities. 4.2 The Facility will obtain the User's informed consent, record the approval processes, and provide translation and interpreter services when necessary. The Facility agrees to provide clear information on travel risks for patients, post-operative follow-up, and complication management. 4.3 The Facility will obtain approval for all legal texts related to the service offered to the User. It is the Facility's obligation to ensure that all legal warnings and information are provided completely and accurately, and to have all documents confirming this approved in writing. 4.4 Regarding hospital treatment and procedures, the Facility will share and upload all documents related to the HOSPITAL MINISTRY OF HEALTH AUTHORITIES AND SERVICE RECORD, REFERRAL PROTOCOL, SUT CODES, and HOSPITAL COMPETENCY with the Platform. Article 5 Pricing, Application, and Payments 5.1 The Facility is responsible for the accuracy of the service fee (list price) shown on the Platform. The Platform will exercise due diligence in displaying prices; however, final pricing and medical fees are approved by the Facility. The parties have developed an application in this regard, as separate pricing may be required for each service-procedure. All payments, including fees specially evaluated and agreed upon with the User by the Facility, will be made through the Platform. If the Facility acts contrary to this and receives direct payments, the Company may unilaterally terminate the contract and claim all damages and losses from the Facility. The Facility agrees and undertakes to pay the damages and losses requested by the Company in this regard without objection. 5.2 Prices approved by the Facility are reported to the Admin via the Site, including the User's name. After the User makes the payment fully and completely through the Platform, the Platform shares the payment confirmation form with the Facility via the Website. After the service is provided to the User and/or the treatment is completed, the remaining amount, after deducting the agreed commission fee, is transferred to the IBAN number provided by the Facility during registration (membership) on the Platform, within 3 business days at the latest (after the user declares that they have received the service completely and fully from the facility and notifies the Platform that they have received the service, within 3 business days). Required financial transactions are concluded in this way. 5.3 The Facility cannot request payment without providing the service and/or completing the treatment and without having the User sign the service approval text available on the site. 5.4 The Company cannot avoid making the payment after notifying the payment approval and after the service approval. 5.5 The Parties will make a separate protocol regarding the commission rate to be received by the Platform, the method of calculating the commission, and the collection procedure. 5.6 The Facility will ensure the accuracy of patient payments collected by the Platform and the fulfillment of all legal obligations (tax, invoicing, receipt, etc.). 5.7 REGARDING THE PROCESSING AND ACCOUNTING OF PAYMENTS, HOW TO FINANCIALLY SETTLE AFTER PAYMENTS, INVOICE, ETC. Periodic reconciliation forms and/or annual release forms will be signed between the company and the facility during periodic accounting periods (monthly, semi-annually, or annually). The accounting spreadsheet in Excel format available on the Platform can also be used as a reconciliation form. An invoice will be issued for the amount agreed upon and paid by the company to the facility after the completion of the treatment (including taxes and other expenses). Article 6 Cancellation and Postponement Policy 6.1 The Facility will share its cancellation and postponement policies (timelines, pricing, refund conditions, etc.) on the Platform, and the Platform will share them with the User. Existing reservations will continue to be subject to the rules in effect as of the reservation date. 6.2 The facility will implement appropriate refund, rescheduling, and patient referral procedures for procedures canceled for health reasons or that need to be medically postponed. Users will be informed in detail transparently in this regard. Information and application details in this regard will be continuously shared online by the Facility on the site. 6.3 The facility will clearly specify possible fee deductions for not attending a scheduled procedure, arriving late, and not reaching the appointment on time, and will share these details with the patient both on the site and in direct consultations with the user. Article 7 Malpractice and Insurance Liability 7.1 The facility agrees and undertakes to exercise maximum care and diligence in all services and treatments, to take all necessary precautions, and to ensure all professional and commercial safety measures. The facility also agrees and undertakes to follow current changes and developments. 7.2 The facility agrees and undertakes to obtain detailed health information from the user, to request in detail, and to evaluate all medical possibilities in the broadest manner to offer the most accurate service and treatment to the User. 7.3 The facility will inform the User that detailed health information must be provided, and that incorrect and incomplete notifications in this regard may create risky situations in service and treatment. 7.4 The facility will inform, explain, and describe the risks of the service to be provided and the treatment to be applied to the User in the broadest sense. The facility will also document these in writing and upload them to the Platform. 7.5 The facility accepts responsibility for claims arising from medical damages, malpractice, professional faults, and/or negligence due to its activities. The Platform cannot be held responsible for such and similar medical errors and outcomes. The Platform-Company is merely an intermediary service that brings the user and the facility together. 7.6 The facility agrees to provide the professional liability/malpractice insurance, minimum coverage amount, and policy conditions stipulated in the applicable legislation and to present the necessary insurance documents to the Platform upon request.

7.7 The Facility shall notify the Platform regarding compensation claims, allegations, lawsuits, and expenses that may arise during the execution of services. In claims that may arise due to physicians or other personnel between the parties, the responsibility lies with the Facility.

 

Article 8

Protection of Personal Data, Commercial Electronic Communication, and Intellectual-Industrial Rights

8.1. The Platform, Facility, Company, and Site, under Turkish Law and within the scope of the Personal Data Protection Law No. 6698, may record, store in written/magnetic archives, use, update, share, transfer, and process in other ways any kind of name, surname, email address, Turkish ID number, Passport Information, communication channel information, address, financial data, photos, documents, and records to be uploaded to the Platform, past operation information, etc., which can be defined as personal data; for the purposes of receiving orders, providing products and services, developing products and services, solving systemic problems, performing payment transactions, using in marketing activities regarding orders, products, and services, updating User information, managing and maintaining memberships, and fulfilling the distance sales contract and other agreements established between the User and the Company, and ensuring that third parties perform technical, logistical, and other similar functions on behalf of the Company.

8.2. The Company may carry out commercial electronic communications with the Facility in accordance with the applicable legislation for the purpose of promotion, advertisement, communication, promotion, sales, and marketing of all kinds of products and services, credit card and membership information, transactions, applications via SMS/short message, instant notification, automatic call, computer, phone, email/mail, fax, and other electronic communication tools.

8.3 The Facility shall personally take the necessary precautions for the security of the passwords, codes, information, and transactions provided by the Company and entered into the Platform. 

8.4. The Platform and the Company have taken necessary security measures within their system infrastructure according to the nature of the information and transaction, to the extent of current technical possibilities. However, since the said information is entered from devices belonging to the Facility, the responsibility for taking necessary precautions to protect them and prevent unauthorized access (including those related to viruses and similar harmful applications) lies with the Facility. 8.5. The privacy-security policies and terms of use of other sites accessed from the Website are valid. Article 9 Processing of Personal Data 9.1 The Facility and the Platform will act in accordance with the applicable data protection legislation (e.g., KVKK) in the processing of personal data such as patient information, medical records, contact data, and special category health data. Especially for the processing of sensitive data such as health data, the necessary specific basis, explicit consent, medical necessity, or other appropriate legal justifications will be provided by the Facility. 9.2 The Facility will retain patient medical records for the periods required by law and will act in compliance with the law regarding access requests and judicial/administrative requests. 9.3 The Parties will keep each other's trade secrets, patient/user lists, pricing information, technical, etc. information confidential and will not share them with unauthorized third parties. Article 10 Advertising and Listing Permissions 10.1 The Facility will provide written permission for the use of logos and brand marks used on the Platform, and any responsibility arising from the incorrect use of these marks will belong to the Facility. 10.2 The Facility will not provide content to the Platform that could result in incorrect or misleading outcomes or mislead the patient. 10.3 The Facility will promote and advertise itself in detail on the page allocated to it on the Platform. Additionally, it can also advertise on the main page with additional charges. Article 11 Notification Procedures 11.1 The Facility will immediately notify the Platform of infection outbreaks, deaths, and similar serious complications. The Platform may request cooperation from the Facility regarding notification mechanisms to relevant regulatory bodies. 11.2 Correspondence between the Facility and the platform will be conducted via the Site and through a specially created channel for this purpose. Notifications made through this channel directly bind the Facility and the Company, and neither the Company nor the Facility can claim otherwise regarding the correspondence made and logged through this channel. Article 12 Termination Rights 12.1 The parties have the right to terminate the contract in cases of breach of contract terms by the other party, license cancellation, closure by public authorities, serious risks to health and safety, or necessary reasons. 12.2 The Platform reserves the right to temporarily suspend or remove the Facility from the list to ensure patient safety and with reasonable justification. Article 13 Disputes 13.1 Disputes arising from the contract will primarily be attempted to be resolved through negotiation and mediation. 13.2 Turkish Law will be applied in disputes, and the Istanbul (Çağlayan) Courthouse will be used for dispute resolution. 13.3 The addresses provided by the parties during the contract are their official correspondence addresses, and changes in this regard must be notified to the other party in writing. Article 14 Contract and Amendments 14.1 This contract constitutes the entire understanding between the parties, replacing all oral or written agreements. Amendments are not valid unless made in writing and signed by authorized persons. 14.2 If any provision becomes invalid or unenforceable by court decision, the remaining provisions remain in effect, and the parties will decide on a new provision to replace the invalid one through consultation. 14.3 In case of a request for an additional article, amendment, correction, and/or addition to the contract, it will become valid if an EK-1 document is prepared and mutually signed as an annex to the contract. This contract has come into effect at the moment it is read, accepted, and signed electronically by the Facility. It has become binding for the parties with all its articles. Facility Company