Distance Sales Contract
Please read our distance sales contract carefully.
This Distance Sales Contract ("Contract") has been signed between QBA Medi Turizm Sağlık ve Dış Ticaret A.Ş ("QBA") registered at Zafer Mahallesi 185. Sok. B Blok No:4-B2/301 Esenyurt / İstanbul on one side and the resident [•] ("CUSTOMER") at the address of [•] on the other side, under the following conditions. QBA and the CUSTOMER may be referred to as "Party" separately and together as "Parties" in the contract.
Commercial Title : QBA Medi Turizm Sağlık ve Dış Ticaret A.Ş.
Full Address: Zafer Mahallesi 185. Sok. B Blok No:4-B2/301 Esenyurt / İstanbul
Phone: +90 553 172 11 48
Mersis No: 0630049216700019
E-mail address: email@example.com
QBA: The Party undertaking to supply the contractual services by itself or through third parties,
CUSTOMER: The person/persons who approve the Contract and Preliminary Information form upon the request transmitted through the Website and benefit from the services subject to the Contract in this way,
Services: The service/services that QBA undertakes to provide to the CUSTOMER in return for a price, the content and scope of which are specified in Article 3 of the Contract,
Website : The website of the QBA to which service orders will be sent is at www.qba-meditours.com
2. Subject and Scope of the Contract
The subject of this Contract is the determination of the rights and obligations of the Parties regarding the procurement of the Services against the payment of the Service Fee upon the request made by the CUSTOMER from QBA's website, in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and numbered 29188.
3. Contractual Services, Fees and Payment Terms
The scope of the "Service" covers the organization and follow-up of the Service within the scope of the contract by QBA and the performance of the relevant Service by QBA or a third person/persons assigned by QBA. The content of the Service undertaken by QBA for the prices specified in Article 3 (B) of this Contract is as follows;
Following the approval of the Preliminary Information Form and Contract submitted to the CUSTOMER on the Website in accordance with the CUSTOMER's request sent via the Application Form to be filled out on the Website, collecting the necessary documents for the CUSTOMER to receive treatment services in Cuba and preparing the application file containing the CUSTOMER information and submitting the application file to complete the application, in this context, correspondence with the Cuban government and the Ministry of Health ("Service") shall be provided by QBA under the conditions specified in the Contract. The Service Fee shall be covered by the CUSTOMER. The fees for the service are regulated under the title of Pricing in Article 3(B) of the Contract.
The performance of the service is conducted within the stipulated period after the payment. QBA performs the Service within 15 working days from the time the CUSTOMER requests the Service in full, but this period may rarely exceed 15 working days depending on the qualification of the file provided that the fulfilment of the service subject to the request becomes impossible.
The Service Fee is determined in accordance with the language of the application file as follows:
If the application file is in Turkish: 2.000,00 Turkish Liras;
If the application file is in English: 150,00-Euro;
If the application file is in a language other than the languages mentioned above: 400,00-Euros.
The Service Fee covers the English translation of the documents to be added to the application file.
The Service Fee relates only to the Service specified in Article 3 (A) of this Contract and the application made on behalf of the CUSTOMER is accepted, travel assistance, travel and reservation procedures and treatment costs are not included in the Service Fee, being outside the scope of this Contract.
The announced prices and commitments are valid until they are updated and modified. The prices announced to be temporary are valid until the end of the specified period.
The Service Fee for the Service to be provided by QBA by the CUSTOMER is collected through Paytr integrated e-collection systems. Credit card information used in payments made through Paytr integrated e-collection systems is encrypted and the system provides the infrastructure that shall provide the necessary privacy and security.
The Service fee, together with the Preliminary Information Form and the Contract submitted to the CUSTOMER upon the request sent to QBA with the Application Form, is the fee present in the invoice sent to the CUSTOMER. QBA discounts, coupons and other applications are reflected in the Service Fee.
4. Declaration, Rights and Obligations of the Parties
a. The CUSTOMER agrees, declares and undertakes that the basic characteristics of the Contractual Service or Services, the service fee including VAT, the payment method, the duration of the payment, the costs shall be borne by the CUSTOMER, and read the preliminary information form regarding the full trade name, full address and contact information of QBA, it understands, has accurate and complete information about the Contract and its terms and gives the necessary approval in electronic environment.
b. The CUSTOMER acknowledges, declares and undertakes that it has information regarding the basic characteristics of the Contractual Service or Services subject to the contract, the service fee, payment method, terms of performance and all other preliminary information and right of withdrawal, confirms these preliminary information electronically and then orders the Service or Services in accordance with the provisions of this Contract.
c. Due to the CUSTOMER's incorrect or incomplete notification and not providing the necessary information and documents, providing incomplete and/or faulty, in the event that the contractual Service/Services cannot be performed, the CUSTOMER agrees and declares that it is responsible for compensating immediately the performance/delivery expenses arising from QBA if the Service/Services have started to be performed.
d. Due to all negligence and faults of the CUSTOMER in matters such as the security, storage, keeping away from third parties' information, QBA has no direct or indirect liability for any damages incurred or incurred by the CUSTOMER and/or third parties.
e. The CUSTOMER can send their requests and complaints as a consumer to the above mentioned QBA contact information and/or e-mail address. firstname.lastname@example.org
f. The CUSTOMER confirms that it has obtained the correct and complete information about the address, the basic features of the ordered goods or service, the price of the goods or services including taxes, the payment and delivery and delivery price information that should be given to the CUSTOMER by the QBA prior to the conclusion of the distance contracts with the CUSTOMER's confirmation of this Contract and the Preliminary Information Form in electronic environment.
g. If the relevant bank or financial institution fails to pay the price of the Service to QBA due to the fact that the credit card belonging to the CUSTOMER is used unfairly or unlawfully by unauthorized persons after the performance of the service, the CUSTOMER is obliged to pay the costs incurred before QBA or the Service Fee within 3 (three) days provided that the performance has been initiated.
h. QBA is not a healthcare institution and undertakes only the provision of Services under this Contract and it does not have any responsibility for the diagnosis and treatment processes and results. QBA does not under any circumstances guarantee that the application made within the scope of the Services whose terms and conditions are regulated under this Contract shall be accepted by the relevant authorities and if the treatment application mentioned within the scope of the service is not approved by the Cuban State institutions, QBA has no liability in this regard. Nothing in this Contract can be interpreted otherwise.
5. Performance of the Services and Delivery Costs
The Contract has entered into force upon being approved by the CUSTOMER electronically, and it is executed by the completion of the Services specified in Article 3 of the Contract that the CUSTOMER has procured from QBA. The service shall be performed at the above address of QBA.
In the event that the Service Fee is not paid by the CUSTOMER for any reason before the service is initiated or the payment is cancelled in the bank records, QBA shall be deemed to have been released from the obligation to perform the Service.
In cases where the performance of the service subject to the request becomes impossible due to reasons arising from QBA, QBA shall inform the CUSTOMER within three days as of the date it becomes aware of this situation and shall refund all payments collected for the related service, including delivery costs, within 14 (fourteen) days at the latest from the date of notification.
6. Right of Withdrawal
The CUSTOMER can use the right of withdrawal within 14 (fourteen) days from the day the contract is established in distant contracts for the sale of the Service, without undertaking any legal and criminal liability and without any justification.
The CUSTOMER can exercise its right of withdrawal by notifying its e-mail address. email@example.com
If the Service has not yet begun for Service purchases made using credit cards the Service Fee shall be refunded to the account associated with the loan in cases where the right of withdrawal is duly exercised. It is sufficient to send the notification that the right of withdrawal has been exercised to QBA before the right of withdrawal expires, in writing or with a permanent data storage.
The burden of proof regarding the use of the right of withdrawal belongs to the CUSTOMER. In order to use the right of withdrawal, it is necessary to notify QBA in accordance with the provisions of the legislation and the right of withdrawal option in the link.
7. Conditions That the Right of Withdrawal Cannot be Used
In accordance with the provisions of the Distance Contracts Regulation, the CUSTOMER cannot use the right of withdrawal in the following cases:
In contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of QBA (e.g. jewellery, gold and silver category products); in the contracts regarding the delivery of goods that are prepared in line with the CUSTOMER's requests or clearly its personal needs, which are not suitable for return due to their qualification and that are in danger of rapid deterioration or are likely to expire; from the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; in contracts for the delivery of those whose return is not suitable in terms of health and hygiene; in contracts for goods that are mixed with other products after delivery and cannot be separated by their qualification; in contracts for goods that are mixed with other products after delivery and cannot be separated by their nature; in contracts regarding books, audio or video recordings, software programs and computer consumables provided in material environment provided that the protective elements such as packaging, tape, seal, package are opened by the CUSTOMER; in contracts related to the delivery of periodicals such as newspapers and magazines other than those provided under the subscription agreement; in contracts regarding the utilization of leisure time for accommodation, moving furniture, car rental, food and beverage supply and entertainment or recreation, which must be done on a specific date or period; in contracts for the performance of betting and lottery services; Before the expiration of the right of withdrawal, in the contracts regarding the services started with the approval of the consumer; in contracts related to services performed instantly in electronic environment and intangible goods delivered to consumers instantly (gift card, gift voucher, voucher substitute for money, etc.); in the event that the goods / services subject to the contract consist of the types of goods / services that are excluded from the application of the Distance Contracts Regulation.
8. Settlement of Disputes
The applications regarding the complaints and objections of the CUSTOMER, who has the title of consumer, can be made to the Consumer Arbitration Committee or to the Consumer Court in the place where the CUSTOMER purchases the goods or services or is domiciled, within the monetary limits determined in December every year.
QBA is responsible for the performance of the Service sold within the scope of the Law on the Protection of Consumers No 6502 and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and numbered 29188. On the other hand, CUSTOMERS shall send their complaints about the Services they have purchased to QBA by making a notification to the e-mail address firstname.lastname@example.org specified in the Contract
9. Failure to Meet Financial Obligations and Its Legal Results
In the case that the CUSTOMER defaults on transactions made by credit card, the cardholder shall pay interest and be liable to the bank within the framework of the credit card contract made with the bank. In this case, the relevant bank may apply for legal remedies and request the costs and the counsel's fee from the CUSTOMER and under any circumstances, in case the CUSTOMER goes into default due to its debt, the CUSTOMER shall be responsible for the loss and damage incurred by QBA due to the delayed performance of the CUSTOMER's debt.
10. Notifications and Evidential Contract
Any correspondence between the parties under this Contract shall be made via e-mail, except for the mandatory cases listed in the legislation. The CUSTOMER acknowledge, declare and undertake that, in conflicts arising from this Contract, the QBA's official books and commercial records, the electronic and computer records held on its databases and servers are binding, precise and exclusive evidence, and this article is in the nature of evidential contract in the sense of Article 193 of the Law on Civil Procedure.
When the confirmation box of this Contract is checked by the CUSTOMER, it is accepted that the articles of the Contract have been read and accepted by the CUSTOMER and entered into force. The invalidity, non-compliance or non-enforceability of any provision of the Contract shall not affect the validity or enforceability of the remaining provisions of the Contract.