1. DEFINITIONS

1.1 The following definitions apply in these Terms:

(a) “Ancillary Costs” means any other costs payable by you in addition to the Fees;

(b) “Booking” means a booking for a Dental Procedure;

(c) “Booking Confirmation” means the written confirmation which we send to you following your request for a Dental Procedure;

(d) “Business Day” means a day other than a Saturday, Sunday or public holiday in Türkiye;

(e) “Cancellation Fee” means a fee to cover any administrative costs, or any other expenses or losses we may incur in the event that you cancel the Contract;

(f) “Consultation” means the face to face consultation between you and the Dentist/Dental Surgeon in Türkiye prior to your Dental Procedure;

(g) “Contract” means the contract between you and us, which comprises the Booking and these Terms;

(h) “Dental Procedure” means the dental procedure or procedures to be performed by the Dentist/Dental Surgeon, agreed pursuant to your Booking;

(i) “Dentist”/“Dental Surgeon” means the dentist/dental surgeon employed by us who will undertake your Dental Procedure;

(j) “Fees” means the charges which are payable by you to us for the Dental Procedure, in accordance with clause 4 (details of which are set out in the Booking Confirmation);

(k) “Medical Assessment Forms” means the forms provided to you by the Dentist/Dental Surgeon during your Consultation in Türkiye, including but not limited to the medical history form, the general dentistry consent form and the implant consent form; and

(l) “Website” means our website, HTTPS://SMILECAPPADOCIA.COM

1.2 INTERPRETATION

1.2.1 A reference to a person includes a human individual, a corporate entity and any organization which is managed or controlled as a unit.

1.2.2 Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

1.2.3 Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.2.4 A reference to writing or written includes email. [email protected]

2. YOUR DENTAL PROCEDURE

2.1 The following items are included in your Dental Procedure:

2.1.1 your Consultation with the Dentist/Dental Surgeon in Türkiye;

2.1.2 a dental X-ray;

2.1.3 the Dental Procedure itself; and

2.1.4 relevant aftercare advice immediately following your Dental Procedure.

2.2 Unless agreed between the parties at the time of the Booking, the following items are not included in your Dental Procedure:

2.2.1 any transport to/from Türkiye (including airport transfers and transport from your accommodation to and from the dental clinic);

2.2.2 accommodation in Türkiye;

2.2.3 travel insurance, health insurance or any other insurance personal to you;

2.2.4 passport and visa costs;

2.2.5 any vaccinations and medication required before, during and after your trip to Türkiye; and

2.2.6 any food and drink throughout your trip to Türkiye.

3. BOOKING YOUR DENTAL PROCEDURE

3.1 The Contract between us comes into existence once you have indicated your acceptance of these Terms and we have confirmed your Booking by email. Please note that your Booking Confirmation and these Terms constitute the Contract.

3.2 Your Booking Confirmation will include details of your proposed treatment plan.

3.3 Flights and accommodation are booked at your own risk. We accept no responsibility for the costs of any canceled flights or problems relating to your accommodation. Also, in the event that you make travel and accommodation arrangement and book your Dental Procedure, we are not liable for the costs incurred by you should you change your mind, or if there is any reason why you are unable to go ahead with the Dental Procedure following your Consultation. You are required to provide to us:

3.3.1 your personal details;

3.3.2 your emergency contact details, and those of your next of kin;

3.3.3 any special requests (which we will try to accommodate);

3.3.4 details of any pre-existing medical conditions and current medications that you are taking; and

3.3.5 passport details,

all of which will need to be included when you complete the Medical Assessment Forms during your Consultation.

3.4 IMPORTANT – If you do not provide us with this information, or if you provide incomplete or incorrect information, you will be responsible for any damages that occur as a result. We reserve the right to either end the Contract with immediate effect, or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the Dental Procedure late or not providing any part of the Dental Procedure if this is caused by you not giving us the information that we need within a reasonable time of us asking for it.

3.5 The Dentist/Dental Surgeon will be a qualified dentist registered with the Türkiye Dental Association.

3.6 By agreeing to these Terms, you acknowledge that the Dental Procedure, as with all surgery, poses a risk to health and life. A full list of risks associated with your Dental Procedure will be given to by the Dentist/Dental Surgeon once you have received your Booking Confirmation.

3.7 If there is any conflict between these Terms, the Booking documentation, and the Medical Assessment Forms, these Terms shall prevail.

4. PAYMENT

4.1 The price of your Dental Procedure will be the Fees indicated on your Booking Confirmation.

4.2 We take all reasonable care to ensure that the Fees advised to you are correct. However, it is always possible that, despite our best efforts, some of our Dental Procedures may be incorrectly priced. We will normally check the Fees before accepting your Booking so that, where the correct price at the date of your Booking is less than the amount previously stated to you, we will charge the lower amount. If the correct Fees at your Booking date are higher than the Fees stated to you, we will contact you for your instructions before we accept your Booking.

4.3 After attending your Consultation with the Dentist/Dental Surgeon, you shall pay to us 50% of the total cost of your Dental Procedure which will be paid by either bank transfer, cash or debit/credit card.

4.4 You must pay the full balance of the Fees and any Ancillary Costs by no later than the date of your Dental Procedure.

4.5 If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4 (four) per cent a year above the base lending rate of the Bank of Türkiye from time to time. This interest shall accrue on a daily basis from the due date until the actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

4.6 You will not have to pay any interest on any disputed amount until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

4.7 If you think an invoice is wrong, please contact us as soon as possible to let us know.

5. CHANGES TO YOUR BOOKING

5.1 We will try our best to accommodate any reasonable changes that you wish to make to your Booking, provided you give us reasonable notice. If we are able to accommodate such changes, we will inform you of any changes to either the Fees, the timescales of your Dental Procedure, or anything else which would be necessary as a result of your requested change. You are required to confirm in writing whether you wish to go ahead with the change.

5.2 You acknowledge and agree that we have no responsibility until the revised Booking Confirmation is sent to you, and that any changes to the Contract will commence when we send a written confirmation of such change.

5.3 If you end the Contract because of something we have done or are going to do (for example: we have told you about an upcoming change to your Dental Procedure or to these Terms which you do not agree to; we have told you about an error in the Fees and you do not wish to proceed; there is a risk that your Dental Procedure will be significantly delayed due to events outside our control; we have suspended (or plan to suspend) the provision of Dental Procedures for a period of more than 4 (four) weeks; or if you have a legal right to end the Contract due to something we have done wrong), the Contract will end immediately and we will refund you in full for any aspect of the Dental Procedure which has not been provided.

5.4 You have 14 (fourteen) days from the date of your Booking to change your mind and cancel the Contract.

5.5 You do not have the right to change your mind in respect of any Dental Procedure which has already been carried out, even if the cancellation period is still running.

5.6 If you end the Contract where we are not at fault, and the 14 (fourteen) day period referred to at clause 5.4 has ended, you may have to pay us compensation. We may deduct from any refund an amount for the elements of your Dental Procedure already provided, ending with the time when you told us you had changed your mind.

5.7 Please note that the Contract is completed when we have finished providing the Dental Procedure and you have paid in full.

5.8 Except in the event of death, serious injury or illness of that person, only the person who made the Booking may cancel the Booking.

5.9 A cancellation by you takes effect from the date on which a written notification reaches us. We reserve the right to charge a Cancellation Fee. You accept and agree that even if upon the cancellation a reservation is made for a different date, the first deposit will not be reimbursed.

5.10 Cancellation of the Contract can be made no less than 14 (fourteen) days before the date of the scheduled Dental Procedure. Please note that any cancellation may have an impact on your flight arrangements and in some circumstances, the terms of booking your flight may mean that you may not be able to cancel the flight.

5.11 In addition to the Cancellation Fees, you acknowledge and agree where we incur additional expenses, we reserve the right to charge you for such additional expenses provided that they are reasonably and necessarily incurred.

5.12 As the purpose of the trip to Türkiye is to undertake your Dental Procedure, please note that it is not possible to transfer your Booking to another person.

5.13 If you have any questions or complaints about the Dental Procedure or any aspect of your Dental Procedure, please contact us using the contact details set out at the beginning of these Terms.

6.OUR RIGHTS TO END THE CONTRACT

6.1 We may end the Contract at any time by writing to you if:

6.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 (fourteen) days of us reminding you that payment is due;

6.1.2 you do not, within a reasonable time of us asking for it, provide us with correct information that is necessary for us to provide the Dental Procedure, for example, certain medical information; or

6.1.3 you do not, within a reasonable time, allow us to complete the Dental Procedure.

6.2 We may also end our Contract with you, without having any liability to you for any costs paid or payable in relation to travel, accommodation or your Dental Procedure, in the event that you behave disrespectfully towards any of our colleagues or clients. We require all of our clients to adhere to a high standard of behavior throughout all dealings with us, and any unacceptable behavior (including but not limited to any form of sexual harassment; threatening others; excessive drinking; and/or drug use) will not be tolerated.

6.3 If we end the Contract in the situations set out in clause 6.1 or 6.2, we will refund any fees you have paid in advance for any Dental Procedures we have not provided but we reserve the right to charge you compensation for the net costs we will incur as a result of your breaking the Contract.

6.4 We may write to you to let you know that we are going to stop providing the Dental Procedure you have requested. We will let you know at least 14 (fourteen) days in advance of our stopping to provide this Dental Procedure and will refund any fees you have paid in advance.

6.5 You acknowledge and agree that we are not responsible to you or any third party, for loss or damage occasioned by you, when circumstances arise which are beyond our control.

6.6 We are not responsible for paying for any additional travel or any other costs, expenses or losses which you incur as a result of any change or cancellation by us in the circumstances set out in this clause 6, such as changes to flight times or other travel arrangements.

7. TRAVEL INSURANCE

7.1 It is your responsibility to ensure that you obtain sufficient insurance which provides you with adequate cover in relation to the Dental Procedure. We advise you to obtain such insurance cover prior to your trip (including appropriate travel insurance and any other insurance you consider necessary). It is your responsibility to satisfy yourself as to the extent and adequacy of your insurance cover.

7.2 We are under no obligation to cover any additional costs or expenses which may arise during your trip, including any costs or expenses which would ordinarily be covered by your insurance.

8. TRAVEL REQUIREMENTS

8.1 Please be aware of the following:

8.1.1 you must ensure that your passport is valid for entry to Türkiye before you travel;

8.1.2 it is your responsibility to obtain a visa for entry into Türkiye, if required. (Please refer to the following websites for further details:  HTTPS://WWW.EVISA.GOV.TR/EN

8.1.3 in the event that you are unable to enter Türkiye for any reason, or in the event of deportation, the cancellation provisions of these Terms will apply;

8.1.4 you accept that any Ancillary Costs (which includes any costs for medical assistance) will be covered by you; and

8.1.5 if you require emergency medical care during your trip to Türkiye, we will try to obtain this and inform your travel insurers and next of kin as quickly as possible

9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen (for example if you discussed it with us during the Booking process).

9.2 All travel and accommodation is booked at your own risk. In the event that your Consultation with the Dentist/Dental Surgeon reveals an underlying health-related issue that prevents the Dentist/Dental Surgeon from being able to carry out your Dental Procedure, we are not responsible for any costs incurred by you in traveling to and staying in Türkiye.

9.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

9.4 We are not liable for business losses. If you use any elements of your Dental Procedure for any commercial, business or marketing purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10. AFTER YOUR DENTAL PROCEDURE

10.1 We offer a warranty in respect of all of our Dental Procedures. Please see your Booking documentation for details of the warranties which we offer for each Dental Procedure. If however any of the following events occur following your Dental Procedure:

10.1.1 you neglect your teeth;

10.1.2 you do not attend dental hygiene appointments every 6 (six) months (email confirmation to be provided);

10.1.3 you incur damage to your teeth (for example, by chipping/knocking them);

10.1.4 you incur problems relating to incorrect information provided to the Dentist/Dental Surgeon during your Consultation, and/or

10.1.5 If you attend another dental clinic and extensive work is carried out that has a material effect on the Dental Procedure carried out by us, you will not be able to rely on this warranty.

10.2 Whilst we will always seek to assist you with any problems which you may encounter after your Dental Procedure, please note that we are not liable for any non-life threatening post-operative complications which you experience if you fail to contact us to allow us to assist you in rectifying the position, where you subsequently seek medical assistance elsewhere.

10.3 Subject to clause 9.3 above, we are not liable for any medical disorder or infection suffered by you which leads to problems with your teeth following your Dental Procedure, where this is not caused by our negligence.

11. OTHER

11.1 Where there is a dispute between us, you are required to attempt to settle the dispute by entering into good faith discussions with us in a process of mediation before commencing any arbitration or litigation.

11.2 This Contract is between you and us. No other person shall have any rights to enforce any of its Terms.

11.3 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

11.4 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide your Dental Procedure, we can still require you to make the payment at a later date.

11.5 These Terms are governed by Turkish law and you can bring legal proceedings in respect of this Contract in the Turkish courts.