WhereToCure Terms & Condition
Welcome to the website of WHERETOCURE,
(“WHERETOCURE”), and thank you for using WHERETOCURE’s healthcare services
These Terms of Service (the “Terms”)
Ozsoy Danismanlık Hizmetleri Saglik Turizm Dis Ticaret LTD STI (WHERETOCURE)
with its main office at the address of Egitim Mah. Abdi Bey Sok. No.24/B
Kentplus B Blok K.11 D.262 Kadikoy, Istanbul, Turkey.
By using the digital platformas well as
healthcare and concierge services, users hereby warrant that user agree with
the terms set out in this agreement and user will apply best efforts in order
to comply with these Terms and conditions. In the event user disagreeing with
this Agreement in full or any part of it, user may immediately stop using the digital
platformand its related healthcare and concierge services.
By using WHERETOCURE’s services, you as the
user (“User”) are agreeing to these General Terms and Conditions (the “Terms”).
Please read them carefully. Some of our Services are subject to additional
terms. Additional terms will be available with the relevant Services and those
additional terms become part of your agreement with WHERETOCURE if you use
of WHERETOCURE’s Services
1.1 WHERETOCURE is a digital platform with
a purpose of a marketplace for healthcare service providers including but not
limited to hospitals, clinics, thermal centers/hotels, spa&wellness
centers/hotels, senior care centers and disabled care centers (“Healthcare Provider”) around the world,
whether through our website or on our microsites, landing pages and mobile
applications (“Digital Platform”) to the user (“User”).
1.2 WHERETOCURE provides additional
services to the users, each services requires individual costs, including but
not limited to health care case management, in-country transfers, medical
record translations, native language interpreters, MSO, organization of visa
and accommodation of the healthcare receiver and his/her companions.
1.3 WHERETOCURE does not refer the user or
other patients to specific Providers but only provides information about
Providers based on the User’s needs, i.e. time frame of availability,
geographic area, healthcare needs, etc. Thus, the User will not be allocated to
any Provider but will instead be provided with a list of Providers (including
the name, address, specialization, sometimes prices or package prices etc.) of
which the User can choose one and book an appointment.
1.4 WHERETOCURE discloses details and
information on Providers based on data, either provided by the Providers or
collected from online and offline information from a variety of sources.
Although WHERETOCURE uses reasonable skill and care in performing the Services
it will not verify if, and cannot guarantee that, all information provided is
accurate, complete or correct, nor can WHERETOCURE be held responsible for any
mistakes, inaccurate, misleading or untrue information provided by the
Providers or non-delivery of information by the Providers. The website does not
constitute and should not be regarded as a recommendation or endorsement of the
quality, service level or qualification of any Provider.
1.5 WHERETOCUREacts as a bridge and
facilitates the communication between the User and Providers. In particular,
WHERETOCURE provides different forms the User may use in order to require a
Provider’s medical services. Should the User and the Provider decide to
conclude anagreement , WHERETOCURE is not involved in this relationship between
the User and the Provider. WHERETOCURE does not assume any rights, obligations
or liabilities in such an agreement used between a Provider and the User.
1.6 WHERETOCURE does not provide healthcare
services itself. The information provided on WHERETOCURE’s digital platform including
the information provided by the Providers and other third parties shall not be
considered as a medical advice, consultation or a medical examination and shall
not be used to independently decide whether to terminate a medical treatment.
2.1 The use of WHERETOCURE’shealthcare and
concierge services requires the User to provide contact details for WHERETOCURE
or Providers to assist the User with the medical travel facilitation services.
The User will have to (1) provide his or her full name (as written in the
passport) and phone number, email address and (2) agree to these Terms and (3)
2.2 WHERETOCURE Services are free for the
User. The User can, however, solicit additional personal or logistical support
or order other additional services which will be an extra charge for the user.
2.3 With the placement of an order, the
User does submit an offer to WHERETOCURE for the conclusion of a contract
concerning the requested healthcare and concierge services. The User will then
receive an automatic confirmation email regarding the receipt of the electronic
order which does not, however, constitute the acceptance of the order.
2.4 The User may request to remove their
submitted personal, specific personal and medical data from WHERETOCURE
databases at any time by sending an email to firstname.lastname@example.org
WHERETOCURE will delete or block the personal data and specific personal data
of the User as soon as the User has requested to do so. However, for the
purpose of being able to trace and document the history of inquiries of the
User or Providers in the event of any legal disputes related to Providers
contacted by the User via WHERETOCURE’s platform, WHERETOCURE will keep the
first and the last name of the User and his or her email address. WHERETOCURE
will not use this data for any other than the aforementioned reason, in
particular not for any promotional purposes, after such a request from the
3.1 WHERETOCURE also provides Additional
Services that the User can purchase in order to streamline their health travel
organization. Each service has a different cost and will be informed by
WHERETOCUREhealthcare team once the User selects these services fromthe digital
platform.WHERETOCURE reserves the right to update the information for
Additional Services at its discretion and will display such info in the relevant
section of the Additional Services list.
3.2 The Additional Services may include but
are not limited to the following:
– WHERETOCURE Personal Assistance package.
This service of case facilitation includes:full healthcare case management process
with a dedicated Healthcare Team member who will assist the User with their
needs from filling up the inquiry form to treatment then to recovery until the
patient goes back to his/her country of origin.
– 24-hour response to the inquiry by
WHERETOCURE Healthcare team members who works in different shifts.
– Airport-Hotel-Hospital Transfer. This
service includes a car service and a driver to pick the user from the airport to the hospital or hotel and from
hospital or hotel to airport. For more complex transportation needs (including
wheelshair support, ambulance services etc), WHERETOCURE also offers discounted
package rates which are available upon request. This services should be
requested at least 24 hours before the arrival to the country.
– Visa Service offers an invitation letter
for the user, which is often required in order to obtain a medical treatment
visa. There is a certain fee requested by the governmental offices to
facilitate the visa procedures. This fee does not cover any extra charges which
will have to be paid directly to the Embassy or the relevant governmental
– Translation service for the medical
services including doctor consultation may be provided by the healthcare
Providers. If the user requests more than doctor consultation’s translation
services then WHERETOCURE provides translators paid on hourly or daily basis
includes an experienced medical interpreter who will accompany the User at the
hospital and support the communication between medical staff and the User. This
Service can be booked for minimum two hours. WHERETOCURE offers discounted
rates for medical interpretation exceeding 24 hours.
– Concierge Services are avaliable for the
users to support the users with finding and booking travel, accommodation or
even leisure services (such as finding a daily city tour, cultural tours etc) at
the destination of treatment. A WHERETOCURE Care Team representative will
present the user with travel and/or accommodation options with their prices.
WHERETOCURE does not provide the travel or accommodation services. The costs of
the actual accommodation and/or flights are paid by the User.
– There are also all-inclusive service
packages, which include transfer and accommodation included. The contents and
price of the package will be discussed with the User and all conditions will be
provided as adverstised in the package.
– MSO. WHERETOCURE can organize a review of
the User’s medical files by a specialist doctor with the purpose of getting a MSO
regarding the current medical diagnosis of the User. The outcome of a MSOservice
is a report written by the selected specialist. Service includes identifying
the specialist, the exchange of the medical files and the transfer of the final
report to the User.
3.3 WHERETOCURE will not provide any travel
services itself but only assists the User in booking the respective Travel
Services carried out by the “Travel Service Provider”. Thus, the respective
agreement will only be concluded between the User and the Travel Service
Provider and any declarations, queries or claims regarding the Travel
Service(s) should be addressed directly towards the Travel Service Provider.
3.4 By making a health travel booking with
a Travel Service Provider (either directly or through WHERETOCURE as User’s
agent), the User accepts and agrees to the relevant terms and conditions of the
Travel Service Provider (Travel Service Provider’s cancellation, and refund
Should the User wish to review, adjust or
cancel the Travel Service once the booking is made, he or she should contact
the Travel Service Provider and follow the instructions given by them.
4.1 WHERETOCURE provides MSO services upon
request submitted by the User. A MSOis an evaluation of User’s current and past
condition(s), medical history, diagnosis, and treatment plan by a medical
specialist. It is not a substitute for primary care. The service provided
through the portal varies by condition of the User. The User should have
obtained primary care from a local medical professional before using
4.2 The User agrees and accept that: the
diagnosis received is limited and provisional; the MSO is not intended to
replace a full medical evaluation or physical consultation with a physician;
the medical professionals providing services through this portal do not have
important information that is usually obtained through a physical examination;
and the absence of a physical examination may affect the medical professional’s
performance to diagnose user’s health condition.
4.3 The User can choose to see the MSO physician
in person upon their availability if the medical case cannot be judged remotely
even by obtaining all the necessary medical records.
4.4 The purpose of the service provided by
WHERETOCURE’s MSO is to give the User access to additional information and
medical evaluation via Doctors in WHERETOCURE’s network of Providers. A MSO ranges
to all major medical specialties in WHERETOCURE’s website, including but not
limited to general surgery, cardiology, oncology, neurology, orthopedics,
dentistry, ophthalmology, and gynecology. In the case that WHERETOCURE does not
have the right specialist in the Provider’s network, the User agrees that
WHERETOCURE contact third parties outside of WHERETOCURE’s network of
4.5 By requesting any service through the digital
portal, the User authorizes WHERETOCURE to collect the User’s medical records,
store those records, and transmit them to the physician or physician’s
appropriate for the User’s case. The User agrees that the MSO will not be used
in any legal dispute including but not limited to litigation, arbitration,
claim for disability benefits, claim for worker’s compensation and/or malpractice
The User can provide medical records on
behalf of a third party, by prior notification to WHERETOCURE that the third
party is a family member of the User, the User has prior consent from the third
party to represent him and, the third party is not able to send a request via
the portal by him/herself.
4.6 The information provided to WHERETOCURE
including the information provided by the Providers and other third parties
cannot replace a medical consultation or a medical examination. The information
shall not be used to independently decide whether to commence or terminate a
4.7 The User shall provide WHERETOCURE
current and accurate identification, contact and other information to verify
User’s identity and eligibility. The User is responsible for maintaining the
accuracy and completeness of this information, and certifies that the
information provided is true and accurate.
4.8 The User agrees that WHERETOCURE may at
any time review the User’s medical records from prior to and after your
interaction with the portal, and any records created as a result of services
received. WHERETOCURE may request additional medical records, including records
pertaining to care the User received after receiving the services. WHERETOCURE
may review these records to better understand the course of treatment for
User’s condition including information regarding outcomes and costs, and to
improve treatments and recommendations.
4.9 Upon the reception of the complete and
accurate documentation, WHERETOCURE will gather the User’s medical records and
will create a Medical Case file. In accordance to the information provided,
WHERETOCURE will match the User’s Medical Case file with up to 3 different
Doctors in WHERETOCURE’s network of Providers, according to the specialty which
the User diagnosis falls under. The User can choose which physician will
provide the User with a MSO report from the up to 3 Doctors shortlisted by
WHERETOCURE healthcare team. WHERETOCURE will then collect the complete medical
records in accordance to the Doctor’s needs to provide a Second Opinion.
WHERETOCURE will confirm the User via email once the full Medical Case file is
ready to be sent and will forward the information to the Doctor chosen by the
User. Within 72 working hours of receiving the complete documentation from the
User, the User will receive a MSO report via email with the Doctor’s opinion on
the User’s condition.
Deposits and Down Payments
5.1 WHERETOCURE processes all payments made
through its platform via a third party payment provider.
5.2 In order to secure a health travel booking
with a Provider or the time of a treating physician, WHERETOCURE may require
the User to provide a Credit Card Deposit (“Deposit”) or a Down payment (“Down
Payment”), on behalf of the selected Provider.
WHERETOCURE will process the transaction
and will hold it for the Provider in a non-interest-bearing trust account.
5.3 When making an appointment with one of
the Providers, the User may be asked to provide his or her credit card for
capturing a Deposit. However, WHERETOCURE will only authorize the third-party
payment provider commissioned for the handling of payments to collect the
respective amount from the credit card account the User identified in his or
her purchase order, if: a cancellation fee payable to WHERETOCURE applies or a
deposit is required with regard to the respective.
5.4 For certain treatments, the Providers
may require a Down Payment to be made by the User. The respective amount and
the cancellation policies will be displayed at the checkout page and in the
5.5 WHERETOCURE will communicate and charge
the respective Down Payment amount to the User and keep the Down Payment in its
non-interest-bearing trust account until: either the User cancels the treatment,
or The Provider has requested the Down Payment from WHERETOCURE and the
Provider has informed WHERETOCURE about the net amount of any prospective
invoice issued to a User
The Down Payment will be refunded for good cause in full if: a physician
determines that the User is not eligible for the treatment (the User should
provide WHERETOCURE up to two (2) weeks after cancellation, a physician’s
certificate stating the User’s non-eligibility to treatment); a physician
determines that the User is not eligible for travel and/or treatment (the User
should provide WHERETOCURE up to two (2) weeks after cancellation, a
physician’s official statement on the User’s non-eligibility to treatment); in
case of natural catastrophes such as earthquakes or wars or in case of death
5.7 If the User fails to cancel the
appointment and none of the cancellation for good cause policies applies,
WHERETOCURE will charge a cancellation fee from the respective Down Payment
made by the User. The respective cancellation fee will be displayed at the
checkout page and in the confirmation email.
6.1 The following cancellation clauses
should apply, if the User decides to cancel giving no further explanation to
WHERETOCURE: The User may cancel the treatment free of charge at the latest 15
days prior to the appointment. Should
the User cancel the treatment 8 to 14 days prior to the appointment, a
cancellation fee of EUR 25.00 applies. Should the User cancel the treatment up
to 7 days prior to the appointment or should the User not show up at the
appointment, a cancellation fee of EUR 50.00 applies.
6.2 The User may cancel the treatment free
of charge if: a physician determines that the User is not eligible for the
treatment (the User should provide WHERETOCURE up to two (2) weeks after
cancellation, a physician’s official statement on the User’s non-eligibility to
treatment); a physician determines that the User is not eligible for travel
(the User should provide WHERETOCURE up to two (2) weeks after cancellation a
physician’s official statement on the User’s non-eligibility to travel); in
case of natural catastrophes such as earthquakes or wars; or in case of death
6.3 The User may reschedule the treatment
free of charge if: the User may reschedule the appointment up to three (3)
times and up to three (3) days prior to the appointment. Should the User reschedule the appointment
later than three (3) days or should the User not show up at the appointment,
the cancellation fee of EUR 50.00 applies.
6.4 The User may
cancel the Additional Services up to 14 days after the purchase, as long as the
Services have not been rendered by the Provider or the WHERETOCURE Care Team.
When a User wishes to cancel Additional Services provided by a third-party
provider the Terms and Conditions of the third party provider apply.
6.5 If the User wishes to review, cancel or
reschedule his or her appointment, the User should revert to the confirmation
email and follow the instructions. Email
regarding the cancellation or rescheduling of an appointment should include the
full name of the User, the Provider, the treatment and the date and the time of
the treatment and to be emailed to: email@example.com
7.1 Certain types of systems and forums are
set-up on WHERETOCURE’s website enabling the User to provide information in
order to review the services of Providers and to provide experiences and
opinions to other users, to evaluate
Providers by way of a rating system and to give recommendations to WHERETOCURE, other
users or Providers . These Rating Systems shows personal perceptions,
experiences and assessments of the Users. WHERETOCURE may shut down the Rating
Systems at any time or interrupt the service.
7.2 The User may only rate services of
Providers or other third persons that he or she has personally used. The User
is prohibited from making any ratings in a user forum provided by WHERETOCURE,
if they contain untrue facts.
7.3 In the event of a violation of User’s
obligation pursuant to Section 8.2, WHERETOCURE is entitled to delete the
respective ratings and – while taking into account the relevant User’s
legitimate interests – to block the User’s account temporarily or permanently.
7.4 The User agrees to the long-term
storage and publishing of his or her ratings made in the forums, irrespective
of a termination of User’s registration with WHERETOCURE.
8.1 The services of WHERETOCURE are
available to individuals who are 18 years and older. The User is entitled of
using WHERETOCURE’s Services on behalf of a third person below the age of 18,
and shall inform WHERETOCURE of any activity performed on behalf of the
afford-mentioned third person.
8.2 The User shall only provide true and up
to date information to WHERETOCURE, Providers or other third persons on this
website or in connection with Services rendered by WHERETOCURE.
8.3 In the event of a violation of User’s
obligation, WHERETOCURE is entitled to delete the respective information and
while taking into account the relevant User’s legitimate interests – to block
the User’s account temporarily or permanently.
8.4 If a claim is made by a third person
against WHERETOCURE due to a violation of User’s obligation pursuant to
Sections 8.2 or 9.1, the User is obligated, to indemnify WHERETOCURE against
third parties’ claims as well as against costs which may be incurred by
WHERETOCURE as a result of an appropriate legal defence (e.g. court and
lawyers’ fees). The right to claim further damage compensation remains
of WHERETOCURE for own services
9.1 Other than as expressly set out in
these Terms or additional terms, WHERETOCURE does not make any promises or
quality declarations about the Services rendered by it and does not grant any
guarantees regarding those Services.
9.2 Unless stated otherwise in Sections
10.3 and 10.4, WHERETOCURE is only liable in the event of a deliberate act or
9.3 With regard to claims arising from
injury to life, body or health, WHERETOCURE is also liable for mere negligence.
9.4 WHERETOCURE is also liable for simple
negligence if a material contractual duty has been breached. Such a material
duty, which endangers the performance of the purpose of a contract, is involved
if the orderly execution of the contract is only possible by fulfilling the
respective duty and if the User may routinely trust that those duties will be
fulfilled. The User’s claim for damages in the event of a breach of material
duties on the basis of mere negligence is, however, limited to damages that are
foreseeable and typical for this type of contract.
9.5 Clauses to 9.4 shall also apply to
WHERETOCURE’s legal representatives, employees or any other of WHERETOCURE’s
Liability for Services of Third Persons
10.1 WHERETOCURE accepts no liability for
the correctness, completion and up-to-dateness of any information provided by
Providers or any other third parties on WHERETOCURE’s website. As a service
Provider, WHERETOCURE is, only responsible for its own content that is held for
use on WHERETOCURE’s website.
However, WHERETOCURE is not obligated to
monitor transferred or stored external information or check said information
for circumstances that point to unlawful activity. WHERETOCURE’s obligations to
remove or block the use of information in accordance with other legal
provisions shall remain unaffected.
10.2 WHERETOCURE’s website contains
cross-references (so-called links) to websites belonging to third parties (e.g.
Providers, travel agencies or certification bodies) over the content of which
WHERETOCURE has no influence. The relevant owner or operator of the websites
alone is responsible for the content of linked sites. WHERETOCURE does not
assume any liability for this external content. The linked sites were cursorily
checked by WHERETOCURE for possible violations of the law when they were first
linked to; there was no obvious violation of the law of the content discernible
at that time. However, WHERETOCURE does not constantly check the external
content for changes which could form a new basis for a liability. Nonetheless,
WHERETOCURE will remove a link to a third-party-website if it becomes apparent
that the content of the linked website is unlawful and might result in any
liability of WHERETOCURE.
11.1 For the Services provided by
WHERETOCURE, it is necessary to collect, process and use personal data and a
special category of personal data, which requires the prior consent of the
User. Please refer to WHERETOCURE’s Privacy Policies explaining under which
circumstances User’s data are collected, processed and used when using
11.2 The User may use this website and the
information on it only for the User’s non-commercial, personal purposes.
11.3 All content of WHERETOCURE’s website
is protected by copyright and intellectual property rights and partially
originated from third parties. All intellectual property rights in the website
(including text, graphics, software, photographs and other images, videos, sound,
trademarks and logos) are owned either by WHERETOCURE, the Providers or third
parties. When using the Services, the User is not granted with any licenses of
WHERETOCURE’s intellectual property rights with respect to Services rendered
and information provided by WHERETOCURE. Any utilisation not permitted by the
copyright law requires advance written approval from WHERETOCURE. Downloads and
copies of content from WHERETOCURE’s website are only allowed for private and
11.4 WHERETOCURE is entitled to use the
information, inquiries and communications (e.g. to and with Providers) provided
by the User or contributions made by the User in forums etc for WHERETOCURE’s
business provided that this use shall comply with the applicable data protection
and Change of the Terms
12.1 Only WHERETOCURE’s Terms shall apply
regarding the use of WHERETOCURE’s website and its Services by the User. The
User’s general terms and conditions or similar regulations are herewith
12.2 These Terms remain in force until they
have been changed or terminated by WHERETOCURE. If the User does not consent
with these Terms, he or she has immediately to cease the use of the Services
and the User is obligated to terminate his or her user account
12.3 WHERETOCURE may modify these Terms or
any additional terms that apply to specific Services rendered by WHERETOCURE.
WHERETOCURE will make available a notice of modifications to the Terms on this
website. WHERETOCURE will make available a notice of modified additional terms
in the applicable Service. Changes will not apply retrospectively and will
become effective not earlier than fourteen (14) days after they are posted.
However, changes addressing new functions for a Service or changes made for
legal reasons will be effective immediately. If the User does not agree to the
modified terms for a Service, he or she has to discontinue the use of that
12.4 If there is any inconsistency between
the Terms and the additional terms valid for specific Services rendered by
WHERETOCURE, the additional Terms will prevail to the extent of the
12.5 To the extent permitted by law, these
Terms and any additional terms for specific Services rendered by WHERETOCURE
and any disputes arising out or in connection with the respective terms shall
be exclusively governed by the laws of Turkey.
12.6 Any dispute arising out of these Terms
and the Services shall exclusively be submitted to the competent courts in Istanbul,
12.7 If any provision of these Terms is or
becomes invalid, unenforceable or non-binding, the User shall remain bound by
all other provisions hereof. In such event, such invalid provision shall
nonetheless be enforced to the fullest extent permitted by applicable law, and
the User will at least agree to accept a similar effect as the invalid,
unenforceable or non-binding provision, given the contents and purpose of these
terms and conditions
right to withdraw from contract
13.1 Consumers are entitled to withdraw
from the contract within a fourteen (14) days period without stating any reason
by express declaration (e.g. letter, email). The period commences upon the
conclusion of the contract. The consumer may use the “Standard Form Right of
Withdrawal”. However, the use of the form is not mandatory. [The consumer may
fill out and submit the “Standard Form Right of Withdrawal also electronically.
In this case, WHERETOCURE will immediately confirm receipt of the withdrawal
electronically (e.g. via email).] Dispatch within this period shall be
sufficient to meet the deadline and shall be addressed to: Email: firstname.lastname@example.org
13.2 In the event of effective withdrawal,
WHERETOCURE will refund all payments received, including delivery charges
(except for additional costs incurring from the consumer’s choice of a
different delivery method than WHERETOCURE’s standard delivery method),
immediately but not later than 14 days from the date WHERETOCURE received the
consumer’s declaration of withdrawal. Return payments by WHERETOCURE will be
credited to the credit card the consumer used when ordering the goods unless
expressly agreed otherwise. Under no circumstances, WHERETOCURE will charge the
customer any expenses for the refund.