Distance
Sales Contract

This Distance Sales Agreement (“Agreement”) is between QBA Medi Turizm Sağlık ve Dış Ticaret A.Ş. (“QBA”), whose registered office is located at Zafer Mahallesi 185. B Blok No:4-B2/301 Esenyurt / Istanbul (“QBA”) and [-] (‘CUSTOMER’) residing at [-] (“CUSTOMER”) on the other side under the following conditions.

In the Agreement; QBA and the CUSTOMER may be referred to separately as “Party” and together as “Parties”.

QBA’s;

Trade Name : QBA Medi Turizm Sağlık ve Dış Ticaret A.Ş.

Address : Zafer Mahallesi 185. Sok. B Blok No:4-B2/301 Esenyurt / İstanbul

Telephone : +90 553 172 11 48

Mersis No : 0630049216700019

E-Mail Address: info@qba-meditours.com

Name and Surname of the CUSTOMER :

Address :

Telephone No :

E-Mail Address :

1. Definitions

QBA : The Party that undertakes to supply the services subject to the Agreement by itself or through third party/persons,

CUSTOMER : The person/persons who approve the Agreement and the Preliminary Information form upon the request submitted through the Website and thus benefit from the services subject to the Agreement,

Services : The service/services that QBA undertakes to provide to the CUSTOMER for a fee, the content and scope of which are specified in Article 3 of the Agreement,

Website : QBA’s website www.qba-meditours.com addressed where service orders will be transmitted.

2. Subject and Scope of the Agreement

The subject of this Agreement is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188, regarding the supply of Services in return for the payment of the Service Fee upon the request of the CUSTOMER from the Website of QBA.

3. Services Subject to the Agreement, Fees and Payment Terms

The organization and follow-up of the Service subject to the Agreement by QBA and the realization of the relevant Service by QBA or third person(s) assigned by QBA constitute the “scope of Service”.

The content of the Services undertaken to be performed by QBA in return for the fees specified in Article 3(B) of this Agreement is as follows;

A. Service

Following the approval of the Preliminary Information Form and the Agreement provided to the CUSTOMER on the Website in accordance with the request of the CUSTOMER communicated through the Application Form to be filled out on the Website, the collection of the necessary documents for the CUSTOMER to receive treatment services in Cuba and the preparation of the application file containing the CUSTOMER’s information (“Service”) will be provided by QBA under the conditions specified in the Agreement. The Service Fee shall be borne by the CLIENT. The fees for the Service are set out in Article 3(B) of the Agreement under the heading of Remuneration.

The performance of the Service shall take place within the promised period after the payment has been made. QBA shall perform the Service within 15 business days from the date the Service is requested in full by the CUSTOMER, without prejudice to the cases where it is impossible to fulfill the requested performance of the Service, but this period may rarely exceed 15 business days due to the nature of the file.

B. Pricing

The Service Fee is determined as follows according to the language of the application file:

If the application file is in Turkish : 2.000,00 Turkish Lira;

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-Euro.

The Service Fee includes the translation of the documents to be attached to the application file into English.

The Service Fee is only related to the Service specified in Article 3(A) of this Agreement and in case the application made on behalf of the CUSTOMER is accepted, travel assistance, travel and reservation procedures and treatment expenses are not included in the Service Fee as they are outside the scope of this Agreement.

The advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.

C. Payments

The Service Fee for the Service to be provided by QBA is collected through Paytr integrated e-collection systems. Credit card information used in payments made through Paytr integrated e-collection systems are encrypted; the system provides the infrastructure to ensure the necessary confidentiality and security.

The service fee is the fee included in the Preliminary Information Form provided to the CUSTOMER upon the request submitted to QBA with the Application Form and the invoice sent to the CUSTOMER together with the Agreement. Discounts, coupons, and other applications made by QBA are reflected in the Service Fee.

4. Declaration Rights and Obligations of the Parties

a. The CUSTOMER accepts, declares and undertakes that he/she has read and understood the preliminary information form regarding the basic characteristics of the Service or Services subject to this Agreement, the Service price including VAT, the payment method, the performance period, the costs to be borne by the CUSTOMER, the full trade name, open address and contact information of QBA, that he/she has accurate and complete information about the Agreement and its terms and conditions and that he/she has given the necessary approval electronically.

b. The CUSTOMER accepts, declares and undertakes that he/she has been informed about the basic qualifications of the Service or Services subject to the Agreement, the Service price, the payment method, the terms of performance and all other preliminary information and the right of withdrawal, confirms this preliminary information electronically and then orders the Service or Services in accordance with the provisions of this Agreement.

c. In the event that the Services/Services subject to the Agreement cannot be performed due to the CUSTOMER’s incorrect or incomplete notification and failure to provide the necessary information and documents, incomplete and / or incorrect provision, the CUSTOMER accepts and declares that if the performance of the Services / Services has started, the CUSTOMER is responsible for immediately compensating the performance / delivery expenses arising before QBA.

d. QBA shall not be liable, directly or indirectly, for any damages incurred or to be incurred by the CUSTOMER and/or third parties due to the CUSTOMER’s negligence and defects in matters such as the security, storage, keeping away from the knowledge of third parties and use of the CUSTOMER’s system entry tools.

e. The CUSTOMER, in his/her capacity as a consumer, may send his/her requests and complaints by using the QBA contact information above and/or to the e-mail address info@qba-meditours.com.

f. By confirming this Agreement and the Preliminary Information Form electronically, the CUSTOMER confirms that he/she has correctly and completely obtained the address, basic features of the goods or services ordered, the price of the goods or services including taxes, payment and delivery and delivery price information that must be provided to the CUSTOMER by QBA before the conclusion of distance contracts.

g. In the event that the relevant bank or financial institution fails to pay the price of the Service to QBA due to the unfair or unlawful use of the credit card belonging to the CUSTOMER by unauthorized persons in a way that is not due to the fault of the CUSTOMER after the performance of the Service, the CUSTOMER is obliged to pay the costs incurred before QBA if the performance has started or the Service Fee within 3 (three) days, provided that it has been performed.

h. QBA is not a healthcare provider and hereby undertakes only the provision of the Services under this Agreement and shall have no responsibility for the diagnosis and treatment processes and their results. QBA in no way guarantees that the application for the Services, the terms and conditions of which are set out in this Agreement, will be accepted by the relevant authorities and QBA shall have no liability whatsoever if the application for treatment under the Services is not approved by the Cuban State authorities. Nothing in this Agreement shall be construed to the contrary.

5. Performance of Services and Delivery Costs

The Agreement shall enter into force upon approval by the CUSTOMER electronically and shall be deemed to have been executed upon completion of the Services specified in Article 3 of the Agreement procured by the CUSTOMER from QBA. The Service shall be performed at QBA’s address stated above.

If for any reason the Service Fee is not paid by the CUSTOMER or the payment is canceled in the bank records before the start of the performance of the Service, QBA shall be deemed to be released from the obligation to perform the Service.

In the event that the performance of the Service subject to the request becomes impossible due to reasons arising from QBA, QBA shall notify the CUSTOMER within three days from the date of learning of this situation and shall refund all payments collected for the relevant impossible Service, including delivery costs, if any, within 14 (fourteen) days at the latest from the date of notification.

6. Right of Withdrawal

The CUSTOMER may exercise the right of withdrawal within 14 (fourteen) days from the day of the establishment of the contract in distance contracts for the sale of Services without any legal and criminal liability and without any justification.

The CUSTOMER may exercise the right of withdrawal by notifying the e-mail address info@qba-meditours.com.

In Service purchases made using a credit card, if the Service performance has not yet started, the Service Fee will be returned to the account associated with the credit if the right of withdrawal is duly exercised. It is sufficient that the notification of the exercise of the right of withdrawal is directed to QBA in writing or by permanent data storage before the expiration of the right of withdrawal period.

The burden of proof regarding the exercise of the right of withdrawal belongs to the CUSTOMER. In order to exercise the right of withdrawal, it is essential to notify QBAy in accordance with the provisions of the legislation and the option to exercise the right of withdrawal in the link.

7. Cases where the Right of Withdrawal cannot be exercised

In accordance with the provisions of the Distance Contracts Regulation, the CUSTOMER cannot exercise the right of withdrawal in the following cases:

In contracts for goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of QBA (e.g. in contracts for the delivery of goods which are prepared in accordance with the wishes of the CUSTOMER or explicitly in line with his/her personal needs, which are not suitable for return due to their nature and which are in danger of spoilage or whose expiration date is likely to expire; in contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; in contracts for the delivery of goods whose return is not suitable in terms of health and hygiene; Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature; Contracts for the delivery of books, audio or video recordings, software programs and computer consumables provided that the protective elements such as packaging, tape, seal, package are opened by the CUSTOMER; Contracts for the delivery of periodicals such as newspapers, magazines, except those provided within the scope of the subscription agreement;

In contracts for accommodation, transportation of goods, car rental, car rental, food and beverage supply and leisure time for entertainment or recreation, which must be made on a specific date or period; In contracts for the performance of services related to betting and lottery; In contracts for services that are started to be performed with the consent of the consumer before the right of withdrawal period expires; In contracts for services performed instantly in electronic media and contracts for intangible goods delivered to the consumer instantly (gift cards, gift vouchers, coupons and similar); In case the goods / services subject to the contract consist of types of goods / services that are excluded from the application area of the Distance Contracts Regulation.

8. Dispute Resolution

Applications regarding the complaints and objections of the CUSTOMER, who has the title of consumer, may be made to the Consumer Arbitration Committee or the Consumer Court in the place where the CUSTOMER purchased the goods or services or where the CUSTOMER’s residence is located, within the monetary limits determined in December each year.

The responsibility for the performance of the Service sold within the scope of the Law No. 6502 on Consumer Protection and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188 belongs to QBA itself. However, CUSTOMERS shall notify QBA of their complaints regarding the Services they have purchased by notifying QBA to the e-mail address info@qba-meditours.com specified in the Agreement.

9. Event of Default and Legal Consequences

In the event that the CUSTOMER defaults in the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement concluded by the bank with the bank and will be liable to the bank. In this case, the relevant bank may apply for legal remedies; may demand the costs and attorney fees from the CUSTOMER and in any case, if the CUSTOMER defaults due to the CUSTOMER’s 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 Evidence Agreement

All correspondence to be made between visits under this Agreement shall be made via electronic mail, except for the mandatory cases listed in the legislation. CUSTOMER accepts, declares and undertakes that QBA’s official books and commercial records, its own data, electronic information stored in its servers and computer records shall constitute binding, definitive and exclusive evidence in disputes that may arise from this Agreement, and that Article 193 of this madden Code of Civil Procedure has the nature of an evidence agreement.

11. Enforcement

When the checkbox for this Agreement is marked by the CUSTOMER, it is deemed that the terms of the Agreement have been read and accepted by the CUSTOMER and have entered into force. The invalidity, illegality or inapplicability of any provision of the Agreement will not affect the validity or enforcement of the remaining provisions of the Agreement.