CANCELLATION AND REFUND CONDITIONS
1. PURPOSE AND SCOPE
These Cancellation and Refund Conditions ("Conditions") govern the principles applicable to the cancellation, modification and refund of bookings created through the websites www.treatx.health and tr.treatx.health (including their subdomains) and the TreatX mobile applications (collectively, the "Platform"), operated by TREATX Medikal Turizm Sanayi ve Ticaret A.Ş. ("TreatX") under the "TreatX Health" brand. These Conditions shall be read together with the Distance Service Agreement, Preliminary Information Form, Privacy Policy, Security Policy and Membership Agreements. The definitions set out in the Distance Service Agreement shall also apply to these Conditions. TreatX is an intermediary service provider within the meaning of Law No. 6563; the relevant Service Provider is the provider of the healthcare service.
2. RELATIONSHIP WITH THE RIGHT OF WITHDRAWAL
The Service Recipient's 14-day right of withdrawal from the date on which the agreement is concluded is governed by the Distance Service Agreement. These Conditions do not eliminate or restrict the right of withdrawal. Where cancellation is made within the withdrawal period and the right of withdrawal is available, a full refund shall be made without any deduction. These Conditions shall apply where: (i) the withdrawal period has expired; (ii) the right of withdrawal is subject to an exception (services whose performance has commenced within the withdrawal period with the Service Recipient's explicit consent, services performed instantly in an electronic environment, and Travel Components - see Articles 10-11 of the Distance Service Agreement); or (iii) a request concerns an appointment change that does not constitute withdrawal. Where no right of withdrawal exists, it may not be possible to create a withdrawal/refund request through the Platform; such requests shall be resolved in accordance with these Conditions.
3. CANCELLATION AND MODIFICATION BY THE SERVICE RECIPIENT
• Appointment change: An appointment may be rescheduled through the Platform, free of charge, to a later date according to the Service Provider's availability, provided that the request is made at least 48 (forty-eight) hours before the appointment time and no more than 2 (two) times.
• Free cancellation: For cancellations made at least 48 (forty-eight) hours before the appointment time, the full amount shall be refunded.
• Late cancellation: For cancellations made less than 48 (forty-eight) hours before the appointment time, a deduction may be applied, up to the rate expressly displayed on the booking screen and in the Preliminary Information Form (maximum 30%), in order to cover the Service Provider's reserved capacity and preparation costs; the remaining amount shall be refunded.
• Failure to attend (no-show): If the Service Recipient does not attend the appointment and has not provided prior notice of cancellation or modification, a deduction of up to 50% may be applied; the remaining amount shall be refunded.
• Graduated schedule for planned procedures and packages: For surgical/interventional procedures, multi-stage treatments and bookings containing a Travel Component, the Service Provider may apply a day-based graduated cancellation schedule according to the time remaining before the procedure, provided that it is clearly displayed on the booking screen and in the Preliminary Information Form (for example, free cancellation more than 30 days before the procedure, partial deduction between 30 and 7 days, and the maximum rate during the final 7 days). In such case, the announced schedule shall apply instead of the 48-hour rule above; however, at no stage may the deduction exceed the maximum limits of 30% for late cancellation and 50% for failure to attend. If no graduated schedule has been announced, the default rules above shall apply.
• Multi-session/multi-stage services: The price of sessions and stages already performed shall be calculated and deducted on the basis of the unit prices announced in the Booking (or, if no unit price has been specified, in proportion to the performed portion of the total price); the remaining amount relating to unused sessions and stages shall be refunded, subject to the deduction rules set out in these Conditions.
The thresholds and rates above are maximum limits; cancellation conditions announced by the Service Provider on the Booking screen may not exceed these limits to the detriment of the Service Recipient, but may be more favourable to the Service Recipient. The applicable thresholds and rates shall be displayed on a transaction-specific basis during the Booking step and in the Preliminary Information Form. Deposits and advance payments form part of the amount collected and are subject to the refund rules set out in these Conditions; general statements such as "deposit is non-refundable" shall not apply. Booking changes (date, scope, price) made by mutual agreement between the Service Recipient and the Service Provider shall not constitute cancellation or withdrawal; the updated terms shall be approved and recorded on the Platform and any price difference shall be collected or refunded separately, as applicable.
4. CANCELLATION BY THE SERVICE PROVIDER
If the appointment is cancelled by the Service Provider, the Service Provider is unable to provide the service, or the Service Provider is not available at the appointment time, an appropriate alternative date shall first be offered to the Service Recipient. The Service Recipient is under no obligation to accept the alternative; upon request, the price of the unperformed portion shall be refunded without any deduction and no later than 14 days after notification of the cancellation. Repeated cancellations attributable to the Service Provider shall be subject to the sanctions set out in the Service Provider Membership Agreement.
Where performance of the Service becomes impossible, the Service Recipient shall be notified in writing or via a durable medium within 3 (three) days of becoming aware of such impossibility, and all payments collected shall be refunded no later than 14 (fourteen) days from the date of notification; the Service Provider's schedule being full shall not, by itself, constitute impossibility of performance. The Service may be transferred to another Service Provider offering services of equivalent characteristics only after the Service Recipient has been informed through the Platform and has given explicit approval; in such case, no additional charge shall be imposed on the Service Recipient, and if approval is not given, the amount shall be refunded without deduction (see Articles 7.4-7.5 of the Distance Service Agreement).
5. CANCELLATION FOLLOWING MEDICAL ASSESSMENT
If, following an assessment by the physician/relevant healthcare professional, the Service is found to be medically unsuitable for the Service Recipient (including contraindications), the Booking shall be cancelled and the price of the unperformed portion shall be refunded without deduction. Fees for examinations, consultations or tests actually performed may be charged only if they were separately and expressly priced in advance on the Booking screen and in the Preliminary Information Form. Rights relating to documented mandatory costs incurred as a result of inaccurate statements in the Service Recipient's health declaration are reserved.
6. CANCELLATIONS ARISING FROM SECURITY AND VERIFICATION
Where there is suspicion of unauthorised use of the card used for the Booking, or where the cardholder and the Service Recipient are not the same person, the Booking may be cancelled if the identity/card verification requested pursuant to Article 7.8 of the Distance Service Agreement is not completed within 24 (twenty-four) hours. Bookings that overlap within the same calendar period or exceed reasonable usage limits may also be blocked or cancelled. In such cases, all payments collected shall be refunded within the statutory period without any deduction.
7. FORCE MAJEURE
In circumstances beyond the control of the Parties that make performance impossible or materially more difficult (including natural disasters, epidemics, decisions of public authorities, travel restrictions, etc.), the Parties shall first cooperate to reschedule the appointment to a later date. If postponement is not possible or reasonable, the price of the unperformed portion shall be refunded without deduction.
8. TRAVEL COMPONENTS (ACCOMMODATION, TRANSPORTATION, TRANSFER)
Travel Components are provided as part of the relevant Service Provider's package or by the authorised travel agency/supplier specified on the Booking screen. TreatX is not the seller or carrier of these components; it may organise such components through authorised agencies and suppliers within the framework of international health tourism legislation and may manage the refund flow for components for which it intermediates the collection of payment. No right of withdrawal applies under Article 15 of the Distance Contracts Regulation to Travel Components included in a Booking that are to be performed on a specific date; passenger transport and package-tour components fall outside the scope of the Regulation (Article 2) and are governed by their own applicable legislation. The cancellation and modification conditions for such components are subject to the relevant supplier rules displayed on the Booking screen. If the healthcare service is cancelled for reasons attributable to the Service Provider or due to medical unsuitability, TreatX and the relevant Service Provider shall use their best efforts with the relevant supplier/agency to obtain cancellation and refund of the Travel Components. Any refund shall be made in accordance with the supplier's/agency's conditions disclosed in advance; amounts recoverable from the supplier shall be passed on to the Service Recipient by TreatX without any additional deduction. Cancellation and refund processing shall distinguish between individual components, and the applicable rule for each component shall be displayed on the cancellation screen. Flights, accommodation and similar items independently arranged by the Service Recipient outside the Platform are outside the scope of these Conditions and the Platform.
9. REFUND METHOD AND TIMEFRAMES
• As a rule, refunds shall be made to the payment instrument originally used, through the Payment Institution (currently iyzico), and in a single transaction. Where a right to refund arises, the refund shall be processed no later than 14 days; the time required for the amount to appear on the card/account depends on the Bank's processing procedures and may take approximately 2 (two) to 3 (three) weeks. TreatX and the Service Provider shall not be held liable for such delays.
• In exceptional cases where a refund cannot be made to the same payment instrument, such as where the card used for payment has been closed, the refund may be made to a bank account (IBAN) held in the Service Recipient's own name and notified by the Service Recipient; reasonable identity and account verification shall be carried out in such case.
• Refund processes shall be conducted only through the Platform. The Service Recipient shall never be asked to provide card details, a password or an SMS verification code for the purpose of a refund; any such request is a fraudulent attempt (see Security Policy).
• For transactions involving campaigns, discounts or coupons, the refund shall be calculated on the amount actually paid by the Service Recipient; any coupon or campaign entitlement used shall be reinstated or expire in accordance with the applicable campaign terms.
10. APPLICATION AND CONTACT CHANNELS
Cancellation, modification and refund requests shall be submitted through the account/support channel on the Platform; notification to TreatX shall be sufficient and shall be forwarded to the relevant Service Provider without delay. International Health Tourists may also obtain support via the 24/7 contact line at +90 531 6388295. The Service Recipient's rights to apply to Consumer Arbitration Committees and Consumer Courts within the applicable current monetary thresholds, and to the competent complaint authorities in relation to healthcare services, are reserved.
11. AMENDMENTS AND EFFECTIVE DATE
TreatX may update these Conditions with prospective effect; the current text shall enter into force on the date it is published on the Platform. Existing Bookings shall remain subject to the Conditions in force on the date the Booking was created. Previous versions shall be archived for evidentiary purposes. No provision of these Conditions that is contrary to mandatory consumer legislation shall produce any adverse effect against the Service Recipient.