GENERAL TERMS AND CONDITIONS OF ESTHENEWERA ESTABLISHED IN ISTANBUL, TURKEY
These General Terms and Conditions apply to the agreement between EstheNewEra, registered in the trade register of the Turkish Chamber of Commerce (Ticaret Odası) under number 4044430205600001, and the customer, unless expressly deviated from in writing by the parties.
Art. 1: Definition
EstheNewEra: Agency that offers people accommodation and/or transfers and/or guidance for medical treatments abroad.
Agreement: The agreement whereby EstheNewEra undertakes to provide the customer with the following services, or parts of the following services:
Putting the client in touch with a specialized medical institution based on the quotation issued between the client and the medical institution;
Stay in hotel/apartment or similar accommodation;
Necessary transfers between airport, hotel/apartment and/or medical facility;
In some cases, the customer can decide in consultation with EstheNewEra to choose only a few of the above components. For example, the customer can choose an individual arrangement, in which several of the above components will be provided by the customer himself.
Service Provider: The carrier, accommodation provider and/or other service providers, in the broadest sense of the word, with whom the customer enters into an agreement and who is responsible for the performance of the service in accordance with the applicable terms and conditions.
Medical institution: The medical institution where the client undergoes medical treatment and for which the client may have received a quote prior to the treatment.
Customer: Any natural person or legal entity that has contacted EstheNewEra in order to use the services of EstheNewEra.
Article 2: Applicability of these conditions
Art. 2, lid 1
These terms and conditions form part of all registration forms for the respective medical treatments and apply to all related (legal) transactions between EstheNewEra and the customer.
Art 2, lid 2
These conditions prevail over any General Terms and Conditions of the customer. Art 2, paragraph 3
The customer waives the applicability of his or her General Terms and Conditions.
Article 3: Conclusion of the agreement
Art. 3, paragraph 1 The agreement is concluded by the customer’s acceptance of EstheNewEra’s offer. This offer consists of a specified statement of costs for the medical treatment incl. guidance, accommodation, return flight ticket and transfer to and from the airport. Acceptance takes place by accepting the offer and/or price quote via email. As soon as approval has been received by EstheNewEra, EstheNewEra will confirm the registration. The agreement is thus concluded. Art. 3, paragraph 2 The customer hereby accepts these General Terms and Conditions and payment terms set by EstheNewEra. Art. 3, paragraph 3 The customer provides EstheNewEra with all information about himself and the fellow travelers registered by him that may be important for concluding or executing the agreement before or at the latest on the day of acceptance. If it appears that the medical treatment cannot take place due to the customer’s unsuitability for such a treatment, this unsuitability will be at the customer’s expense and risk.
Art 3, paragraph 4 EstheNewEra is not responsible for photos, brochures and other information material, insofar as they are published under the responsibility of third parties, medical institutions and/or service providers.
Article 4 Payment and/or cancellation
Art. 4, paragraph 1 Upon conclusion of the agreement, the total amount for the medical treatment, accommodation, flight ticket, transfers, as stated under art. 1 b, must be paid, whereby a payment term of 1 week applies, unless otherwise agreed. If the services of EstheNewEra are to be provided within 1 week, payment must be made immediately. Art. 4, paragraph 2 All amounts charged by EstheNewEra must be paid without discount or deduction. The customer is not authorized to offset. Furthermore, the customer is not entitled to suspend any payment obligation towards EstheNewEra. Art. 4, paragraph 3 In the event of late payment of the total costs, including the medical costs, the customer is in default. EstheNewEra will notify the customer of this in writing. The customer then still has the opportunity to pay the amount due within 7 working days. If payment is still not made, the agreement is deemed to have been cancelled on the day of default. EstheNewEra then has the right to charge the cancellation costs due, as stated in art. 4, paragraph 4. Art. 4, paragraph 4 Cancellation by the customer In the event of cancellation of the agreement by the customer, the customer is liable for cancellation and administration costs for the stay, transfer and flight ticket.
In case of cancellation up to 60 days before departure: Total costs of the stay, transfer and flight ticket if booked, excluding the costs for medical treatment as specified in the quotation to the customer. Also €45,- administration costs.
In case of cancellation between the 60th day and 1 month before departure: Total costs of the stay, transfer and flight ticket if booked, excluding the costs for medical treatment as specified in the quotation to the customer. Also €70,- administration costs.
In case of cancellation between 1 month and 7 days before departure: Total costs of the stay, transfer and flight ticket if booked, excluding the costs for medical treatment as specified in the quotation to the customer. Also €95,- administration costs.
In case of cancellation within 7 days before departure: Total costs of the stay, transfer and flight ticket if booked, excluding the costs for medical treatment as specified in the quotation to the customer. Also €120,- administration costs.
Art. 4, lid 5
If the customer is in default towards EstheNewEra, he is obliged to fully reimburse EstheNewEra for the extrajudicial and judicial costs. The extrajudicial costs to be reimbursed by the customer amount to at least 20% of the unpaid amount, with a minimum of €250.
Article 5 Costs
Art. 5, paragraph 1 EstheNewEra has the right to change the costs up to 5 weeks before departure, if the costs of EstheNewEra’s services increase by more than 20%. Art. 5, paragraph 2 The customer has the right to reject an increase in the costs as referred to in the previous paragraph. He must, under penalty of forfeiture, make use of this right within 3 working days after receipt of the notification of the increase.
Article 6 information Art. 6, paragraph 1 The customer is aware that the medical treatment takes place abroad. The customer must be in possession of the necessary travel documents, such as a valid passport and any required visas, proof of vaccinations and the like, upon departure and during the trip. In addition, the customer must book a flight to the location of the medical institution abroad. The flight can be arranged by EstheNewEra. Unless otherwise agreed with the customer. The ANVR conditions apply to the flight tickets. Art. 6, paragraph 2 If the customer cannot (fully) make the trip to the medical institution due to the lack of any (valid) document, this will be at his expense with all associated consequences and the cancellation conditions as stated in art. 4, paragraph 4 will apply.
Article 7 information about residence
The necessary information about hotel/apartment and/or transfers will be provided to the customer no later than 1 week before departure, unless this period must be exceeded for justified reasons.
Article 8 Changes by the customer Art. 8, paragraph 1 After the agreement has been concluded, the customer can request a change to it. Up to 1 month before departure, these changes will be made as far as possible and in that case confirmed in writing by EstheNewEra.
Art. 8, paragraph 2 EstheNewEra will decide on the request for change as soon as possible after receipt of the request for change. Rejection will be motivated and must be communicated to the customer without delay. The customer can either maintain the original agreement or cancel it. In the latter case, the cancellation costs as stated in art. 4, paragraph 4 apply. Art. 8, paragraph 3 Changes will generally not be possible from 1 month before departure.
Article 9 Change, possibly followed by termination of stay by EstheNewEra.
Art. 9, paragraph 1 EstheNewEra has the right to change the agreed service provision concerning accommodation on one or more essential points due to important circumstances. Important circumstances are understood to mean circumstances that are of such a nature that EstheNewEra cannot reasonably be expected to continue to be bound by the agreement. If the cause of the change can be attributed to the customer, any resulting damage will be borne by the customer. If the cause of the change can be attributed to EstheNewEra, any resulting damage will be borne by EstheNewEra. This article does not apply to medical treatment. Art. 9, paragraph 2 EstheNewEra must submit a change proposal in the form of an alternative offer to the customer within 48 hours (2 working days) after the important circumstances have occurred. This obligation lapses if the cause of the change can be attributed to the customer. The customer can reject the change(s). Art. 9, paragraph 3 The alternative offer must be at least equivalent. The equivalence of an alternative accommodation must be assessed according to objective criteria. Art. 9, paragraph 4 EstheNewEra may also amend the agreement on a non-essential point due to important circumstances that are communicated to the customer without delay. In that case, the customer may only reject the amendment if the amendment causes him a disadvantage of more than average minor significance. Art. 9, paragraph 5 In the event of termination on the basis of the previous paragraph, EstheNewEra shall compensate the customer for the damage suffered by the latter, unless the termination is the result of force majeure as referred to in Article 10, paragraph 4.
Article 10 Liability and force majeure
Art. 10, paragraph 1 Without prejudice to the provisions of Articles 8, 9, 11, 12 and 13, EstheNewEra is obliged to execute the agreement in accordance with the expectations that the customer could reasonably have on the basis of the agreement. This liability is limited to the stay and any transfers as stated in Article 1b, points 2 and 3. EstheNewEra cannot be held liable for the medical treatment and/or the result thereof. Art. 10, paragraph 2 If the said stay and/or transfers do not proceed in accordance with the expectations referred to in paragraph 1, the customer is obliged to inform the persons concerned as referred to in Article 13, paragraph 1, of this as soon as possible.
Art. 10, paragraph 3 If the stay and/or transfers do not proceed in accordance with the expectations referred to in paragraph 1, EstheNewEra is obliged to compensate for any damage, unless the failure to comply cannot be attributed to him; or the failure to perform the agreement is due to force majeure as referred to in paragraph 4 of this article. Art. 10, paragraph 4 Force majeure means abnormal and unforeseeable circumstances that are independent of the will of the person invoking them and the consequences of which could not have been avoided despite all precautions. Examples of this are the cancellation and/or modification of flights, insofar as EstheNewEra could not have had any influence on this.
Article 11 Exclusion and limitations of liability EstheNewEra
Art. 11, paragraph 1 If EstheNewEra is liable for the damage suffered by the customer on the basis of article 10, its liability will be limited or excluded in accordance with the applicable treaties. It also accepts no liability for damage for which a claim for compensation exists under an insurance policy (for example by taking out a travel and/or cancellation insurance policy or health insurance policy), nor liability for damage suffered by the customer in the context of exercising a profession or business (including damage caused by missing connections or not arriving at the destination on time). Art. 11, paragraph 2 EstheNewEra accepts no liability for damage resulting from the actions and/or omissions of the service provider(s) involved, nor for the accuracy of the information provided by this service provider(s). EstheNewEra is not responsible for photos, folders, brochures and other information material, insofar as they are issued under the responsibility of third parties. Art. 11, paragraph 3 EstheNewEra accepts no liability for damage resulting from medical treatment and/or medical examination. The client is informed of the intended medical treatment and the costs thereof by means of the quotation sent. The client declares that EstheNewEra cannot be held liable for the consequences of the medical treatment undergone. The doctors are medically autonomous and are themselves responsible for the work they are assigned in the employment relationship with the medical institution. Damage resulting from the medical treatment is entirely at the risk and expense of the doctor. Art. 11, paragraph 4 After completion of the preliminary examination, wherever in the world it is performed, the client cannot derive any rights from the doctor’s findings. EstheNewEra cannot be held liable for the doctor’s findings and advice. EstheNewEra will not cooperate in legal matters. Art. 11, paragraph 5 The customer declares that he has been sufficiently and plausibly informed by the medical institution and that he is aware of the possible risks and limitations of the medical treatment and/or medical examination that he has undergone of his own free will. Art. 11, paragraph 6 If customers have questions about the functioning of the treating physician, they can contact EstheNewEra, who can play a mediating role between the customer and the treating physician. Art. 11, paragraph 7 In accordance with article 1c of these General Terms and Conditions, the terms and conditions of the relevant service provider apply to the agreement between the customer and the service provider (including the medical institution, hospital or physician). Art. 11, paragraph 8 EstheNewEra is not responsible for any commitments that clearly deviate from the conditions stated in these General Terms and Conditions or in the conditions of the responsible service provider, unless such commitments are subsequently confirmed in writing by e-mail or post. Art. 11, paragraph 9 The exclusions and/or limitations of EstheNewEra’s liability included in this article also apply to the employees of EstheNewEra, unless this is excluded by treaty or law.
Article 12 Customer obligations
The customer(s) is/are obliged to comply with all instructions from EstheNewEra and/or the medical institution to promote the proper execution of the services of EstheNewEra and/or the medical institution and is/are liable for damage caused by his/their unauthorized behavior, to be judged by the standard of behavior of a correct customer. In the event of non-compliance, all costs resulting from this will be borne by the customer.
Article 13 Complaints
Art. 13, paragraph 1 Any deficiency found in the execution of the stay and/or transfers as referred to in Article 10, paragraph 2, must be reported to the service provider concerned as soon as possible, so that they can find a suitable solution. If the deficiency is not resolved within a reasonable period of time and detracts from the quality of EstheNewEra’s services, it must be reported to EstheNewEra without delay. Art. 13, paragraph 2 If the deficiency has not been resolved satisfactorily and gives rise to a complaint, the customer must report this to EstheNewEra as soon as possible in writing by e-mail or post. Art. 13, paragraph 3 Turkish law applies to all disputes between EstheNewEra and the customer. Only a Turkish court has jurisdiction to hear these disputes.
