Service Agreement

Insurance Agency / Service Provider:

In this agreement, the terms “Mark Sigorta”, “Company”, “Insurance Agency”, “Service Provider”, “we” or “website” refer to the company below, which carries out insurance application, quotation, policy issuance intermediation, premium collection, application tracking, policy delivery, information and support services offered through the website:

Company Information
Trade Name: Mark Sigorta Aracılık Hizmetleri Anonim Şirketi
Tax Office: Esenyurt
Tax Number: 6121516020
Address: Üçevler Mahallesi 955. Sokak No: 1 D: 38 P.K: 34513 Esenyurt / İstanbul / Türkiye

Applicant / User:

In this agreement, “Applicant” or “User” means the person who, on their own behalf or on behalf of another person they are authorized to represent, fills out a form, shares information or documents, submits an insurance application, receives a quotation, completes a payment transaction, purchases a policy, tracks an application or receives services through the website.

Policyholder:

The policyholder is the person who enters into the insurance contract, is responsible for paying the premium and is shown as the policyholder in the policy. The Applicant and the policyholder may be the same person or different persons.

Insured:

The insured is the person whose interest is insured under the relevant policy and who is shown as the insured in the policy. The policyholder and the insured may be the same person or different persons.

Insurance Company:

The insurance company is the licensed insurance company that issues the policy, provides insurance coverage, carries out risk acceptance and claims assessment, determines the policy terms and has final decision-making authority in the indemnity process. The insurance company may be Gulf Sigorta A.Ş., Quick Sigorta A.Ş. or another insurance company for which Mark Sigorta is currently, or may in the future be, an authorized agent.

If the Applicant acts on behalf of another person, the Applicant accepts that they are authorized to submit an application, share the necessary information and documents, make payment, manage the application process and accept this agreement on behalf of that person.

This agreement applies to insurance application, quotation creation, policy issuance intermediation, premium collection, policy delivery, application tracking, cancellation/refund guidance, claims/assistance guidance, information and support services provided by Mark Sigorta through the website.

Mark Sigorta is an insurance agency acting within the scope of agency authorization granted by insurance companies. Mark Sigorta does not provide insurance coverage itself, does not pay claims indemnities and does not replace the insurance company in making coverage, risk acceptance or claims decisions.

The scope, limit, duration, exclusions, territorial validity, waiting periods, claims documents, indemnity conditions, cancellation/refund rules and other policy provisions of insurance coverage are determined according to the issued policy, policy special terms, insurance general conditions, practices of the insurance company and applicable legislation.

This Service Agreement does not replace the insurance policy. In the event of any difference between the policy provisions and this Service Agreement regarding insurance coverage, claims, indemnity, exclusions, policy scope or responsibilities of the insurance company, the relevant insurance policy, special terms, general conditions and the insurance company’s official assessment shall prevail.

Mark Sigorta may provide services for receiving insurance applications, carrying out quotation and policy processes, collecting premiums, performing the necessary procedures for policy issuance and delivering the policy to the Applicant on behalf of the insurance companies for which it is authorized and within the limits of the agency authority granted by those insurance companies.

The existence of an agency relationship between Mark Sigorta and any insurance company does not mean that every product offered on the website will always be provided by the same insurance company or that a policy will be issued for every application. Products, coverages, prices, acceptance rules and insurance companies may change over time.

Mark Sigorta acts only with respect to the products and branches authorized by insurance companies. Mark Sigorta has no obligation to issue policies, collect premiums or provide coverage for products that are not authorized by the insurance company or not supported by the technical infrastructure.

Receiving services through Mark Sigorta does not mean that the relevant insurance company will accept the application, that the policy will definitely be issued, that any official authority will accept the policy or that indemnity will be paid in the event of a claim.

The services provided by Mark Sigorta through the website may include the following procedures depending on the selected insurance product, application flow and the practice of the relevant insurance company:

• Receiving the insurance application form,
• Recording the information declared by the Applicant,
• Taking action to create a quotation or policy based on the application information,
• Transmitting application information to the relevant insurance company, insurance systems or authorized technical infrastructures,
• Displaying the eligible insurance product, premium, policy period and, if any, additional coverages,
• Collecting premiums or relevant payment items through the online payment infrastructure,
• Carrying out the necessary agency procedures for policy issuance,
• Delivering the issued policy to the Applicant electronically,
• Tracking the application and policy status,
• Providing guidance and support regarding cancellation, refund, correction, policy delivery or claims processes.

Mark Sigorta’s service is limited to acting as an intermediary in the insurance application and policy process, carrying out the procedures necessary for policy issuance and providing support to the user. Acceptance, rejection, scope of insurance coverage, claim outcome and indemnity payment are subject to the assessment of the insurance company.

Applications may be submitted through the website for travel health insurance, health insurance for foreign persons coming to Türkiye, insurance products connected with visa, residence or entry procedures and other insurance products offered by insurance companies for which Mark Sigorta is an authorized agent.

Insurance products may vary depending on the Applicant’s or Insured’s nationality, travel document type, age, travel start and end dates, length of stay, selected policy period, risk acceptance rules of the insurance company and the conditions of the relevant product.

Coverage descriptions, policy period, additional coverages, prices, country or travel document warnings and other information displayed on the website are for user information purposes. The final and binding insurance scope is determined according to the issued policy document, special terms, general conditions and the assessment of the insurance company.

Before purchasing an insurance product, the Applicant is responsible for carefully reviewing the policy scope, coverage limits, policy period, territorial validity, exclusions, cancellation and refund conditions, waiting periods and special terms.

The insurance application process may generally consist of the following steps:

• The Applicant enters country, travel document, travel date, policy period and personal information,
• The information required for the application or policy is shared through the website,
• The application information is checked by the system or by Mark Sigorta,
• The insurance company, product, policy period, premium and coverage information are displayed,
• The Applicant checks the total amount and payment items on the payment screen,
• The payment process is completed,
• The policy is issued through the insurance company system or the relevant agency infrastructure,
• The policy document is delivered to the Applicant by email, SMS, tracking screen or other electronic channels.

The operation of the application process may vary depending on the accuracy of the application information, operation of the payment infrastructure, availability of insurance company systems, technical infrastructure, public holidays, the insurance company’s assessment and the user’s response time.

The Applicant accepts that all information and documents provided through the website are accurate, complete, up to date and compatible with the purpose of the insurance application.

The Applicant is responsible for the accuracy of name, surname, date of birth, passport or identity information, nationality, travel document type, travel dates, policy period, email address, phone number and other application information.

Passport, identity, nationality or travel document information used in the insurance application must be compatible with the document information used during travel. If the application information is incorrect, incomplete or incompatible with the travel document, the policy may be deemed invalid, problems may arise at border or official procedure stages, the claims process may be adversely affected or the indemnity claim may be rejected.

The Applicant is obliged to make truthful declarations regarding health status, travel information, current risk, prior illness, purpose of travel, residence status or other matters that may be important for the policy and may affect the insurance company’s risk assessment.

If incorrect, incomplete, misleading or untrue declarations are made, the insurance company may cancel the policy, limit coverage, reject the indemnity claim or exercise other rights arising from legislation and policy terms.

Mark Sigorta may check the formal suitability or consistency of the application information; however, ultimate responsibility for the truthfulness, accuracy and currency of the information declared by the Applicant belongs to the Applicant.

Insurance coverage enters into force subject to collection of the premium or the first payment amount determined by the insurance company, issuance of the policy by the insurance company system and arrival of the inception date specified in the policy.

Payment alone may not mean that insurance coverage has started. For coverage to commence, the policy must be issued, a valid record must be created in the insurance company system and the conditions specified in the policy must be met.

Policy inception date, expiry date, policy period, maximum coverage period, territorial scope, coverage limits and additional coverages are specified in the policy document. The Applicant is responsible for checking this information after receiving the policy document.

An Applicant who believes there is an error in the policy must contact Mark Sigorta without delay. Amendments, endorsements, cancellation or correction procedures that may be made after policy issuance are subject to the rules of the insurance company and applicable legislation.

The insurance premium is displayed on the payment screen according to the insurance product selected during the application, policy period, coverages, the insurance company’s tariff, payment method and any additional payment items.

The total amount may consist of the insurance premium, additional coverage fees if any, payment infrastructure costs, bank or card transaction fees, virtual POS costs and other payment items that may apply under current legislation.

Before giving payment approval, the Applicant is responsible for checking the total amount, payment items, policy period, selected product and any additional coverages displayed on the payment screen.

Mark Sigorta may collect premiums within the scope of its agency authority and the authority granted by the relevant insurance company. Collections made in this scope are evaluated under the relevant policy, agency authority and applicable legislation.

The payment process may be carried out through payment service providers, banks, card schemes or virtual POS infrastructures. Card information is processed through the secure systems of the payment infrastructure. Mark Sigorta does not store the full card number in its own systems; it may process limited transaction information transmitted by the payment provider.

Unless the payment is successfully completed, the policy may not be issued or coverage may not commence. In cases of delay, failed transaction, duplicate payment or technical failure arising from the payment infrastructure, transaction records are reviewed and necessary correction is made.

Applications made through the website may qualify as distance transactions. Before the application and payment process, the Applicant is responsible for reviewing the service scope, policy information, product explanations, coverage and exclusion summaries, payment items, cancellation/refund conditions, preliminary information texts and relevant approval areas shown to them.

By ticking the relevant approval boxes on the website or completing the payment process, the Applicant is deemed to have accepted electronically the agreement, information notices and transaction conditions shown to them.

Electronic approvals given by the Applicant, application form, transaction records, IP records, payment records and technical records in the nature of timestamps may be used as evidence for the relevant transaction.

The Applicant accepts that they may save the policy and product information shown during the purchase process to a durable medium or access it later through the website. However, since general information texts published on the website may be updated over time, the policy and transaction records accepted on the date of the relevant transaction shall be taken as basis.

Insurance application, policy issuance, cancellation, withdrawal and refund processes are evaluated according to whether the policy has been issued, whether coverage has commenced, whether the policy period has started to run, whether a claim notice has been made, the rules of the insurance company, policy special terms, general conditions and applicable legislation.

• If the policy has not yet been issued and the premium has not been transferred to the insurance company or the relevant collection process, a refund may be made upon cancellation request.
• After the policy has been issued, cancellation and refund requests are evaluated according to the insurance company’s cancellation/refund rules, policy inception and expiry dates, whether coverage has been used and applicable legislation.
• If the policy period has commenced, the policy has remained in force, coverage has been used or a claim notice has been made, all or part of the premium may be non-refundable.
• Refunds of amounts collected by the insurance company, transferred to the relevant process or deducted by the payment infrastructure may depend on the rules of the relevant insurance company, banks, card schemes or payment providers.
• For policies issued due to information provided by the Applicant that is incorrect, incomplete, erroneous, misleading or inconsistent with the purpose of the policy, no refund may be made or the refund may be subject to the insurance company’s assessment.
• In the event of duplicate payment, technical error or a clear processing error caused by Mark Sigorta, the necessary review is conducted and an appropriate refund or correction is made.

Whether a right of withdrawal exists, and the manner and period for exercising it, may vary depending on the type of insurance product, whether the policy has entered into force, whether coverage has been used, distance sales legislation, policy terms and the practices of the insurance company. The Applicant’s mandatory rights arising from applicable legislation are reserved.

For cancellation, withdrawal or refund requests, the Applicant must contact Mark Sigorta. Each request is evaluated by considering transaction records, payment records, policy status, insurance company rules, application stage and the scope of the service provided.

If the Applicant initiates a payment objection, reversal or chargeback, Mark Sigorta may submit transaction records, policy records, service records, invoice information, communication records, IP records, application records and other lawful records to the relevant bank, payment institution or card scheme.

If it is determined that the Applicant has used the payment objection or chargeback mechanism in bad faith to cause loss to Mark Sigorta, the insurance company or the payment infrastructure, obtain an unjust benefit or recover the service fee despite the policy having been issued or the service having been provided, Mark Sigorta may initiate legal proceedings, file a criminal complaint and claim compensation for its damages.

In cases of fake application, fake document, unauthorized card use, unauthorized application, unauthorized transaction on behalf of another person, misleading information or suspected misuse, Mark Sigorta may suspend the application, cancel it, request additional verification, stop policy issuance or notify competent authorities.

The issued policy may be sent to the email address, SMS link, application tracking page or other electronic delivery channels provided on the website by the Applicant.

The Applicant is responsible for ensuring that the email address, phone number and other contact information are accurate and accessible. Mark Sigorta is not responsible for delays that may arise due to incorrect contact details such as email address or phone number, emails being filtered as spam, SMS messages not being received or the Applicant failing to monitor notifications.

After receiving the policy, the Applicant must check the policy information, insured information, passport or identity information, policy inception and expiry dates, coverage limits, territorial scope, exclusions and special terms.

If the Applicant cannot access the policy, believes there is an error in the policy information or experiences a problem with policy delivery, the Applicant must contact Mark Sigorta without delay.

The coverages, coverage limits, territorial scope, exclusions, waiting periods, special terms, general conditions, clauses, sanctions provisions and procedures to be followed in case of a claim are specified in the policy document issued by the relevant insurance company and the documents attached to the policy.

Mark Sigorta may provide summary information about coverages on the website or in the application flow. This information is for user information purposes. The final and binding insurance scope is the issued policy and the terms of the insurance company.

Exclusions, international trade controls, economic sanctions, territorial limitations, age limits, travel duration limits, waiting periods, pre-existing conditions, special exclusions and the insurance company’s risk acceptance rules may vary from policy to policy. The Applicant must review these terms before purchasing the policy.

If the insurance policy is to be used for visa, residence, entry, travel or official procedure purposes, acceptance of the policy by the relevant authority is outside the scope of the policy and is subject to the assessment of the relevant authorities. Mark Sigorta does not guarantee that any official authority will definitely accept the policy.

For policies issued for foreign persons travelling to Türkiye or required to present health insurance during their stay in Türkiye, ensuring that the policy period is compatible with the travel or stay period is the responsibility of the Applicant.

The country, nationality, travel document type and passport information selected during the application must be compatible with the document to be used during travel. If there is a discrepancy between the travel document country or identity information stated in the policy and the passport or travel document actually used, the policy may not be accepted by official authorities or may be deemed invalid by the insurance company.

Entry into Türkiye, stay, visa, residence or border procedures are subject to the assessment of the relevant official authorities. The issuance of an insurance policy does not mean that entry into Türkiye, residence permit, visa approval or any official procedure will be definitively accepted.

Claims, indemnity, medical expenses, assistance services, medical transportation, repatriation of remains, cancellation, refund or other insurance requests are subject to the assessment of the relevant insurance company.

Mark Sigorta may provide general guidance and communication support to the Applicant or the Insured during the claims process; however, acceptance of the claim file, requests for missing documents, indemnity calculation, payment decision or rejection decision are made by the insurance company.

During the claims process, the insurance company may request additional information, documents, reports, invoices, medical records, passport records, travel documents, payment documents or other evidence under the policy, general conditions, special terms and legislation. The Applicant and the Insured are obliged to provide these documents on time and accurately.

Claim notice must be made within the periods and methods specified in the relevant policy. Late notice, missing documents, incorrect information, misleading declaration or failure to submit documents requested by the insurance company may adversely affect the claims process.

Under some policies, assistance services, call center, medical guidance, medical transportation, travel support services or similar third-party services may be provided. These services are carried out within the scope specified in the policy and under the rules of the relevant insurance company, assistance company or third-party service provider.

Mark Sigorta may not be the actual provider of assistance services. The scope, availability, duration, manner and outcome of assistance services depend on the relevant policy terms and the operational capabilities of the service provider.

The outcome of emergency health, security, law enforcement, legal consultancy, official authority procedures or third-party services is not guaranteed by Mark Sigorta.

The Applicant accepts the following:

• All information provided during the application is accurate, complete, up to date and compatible with official documents,
• They must carefully check passport, identity, nationality, date of birth, travel date, policy period, email and phone information,
• If acting on behalf of another person, they are authorized to act on behalf of that person,
• They are responsible for consequences arising from incorrect, incomplete, outdated or misleading information,
• They must review the policy scope, coverage limits, exclusions, cancellation/refund conditions, withdrawal conditions and policy special terms,
• The insurance company may request additional information, documents or verification,
• Policy issuance, claim payment, official authority acceptance, visa/residence outcome or entry into Türkiye is not guaranteed.

Mark Sigorta may carry out technical and administrative checks to ensure payment security, prevent fake or repeated transactions, check transaction consistency, detect technical errors, prevent misuse and conduct the application process securely.

These checks may include reviewing payment status, transaction time, IP address, device and browser information, email address, phone information, application information, limited transaction information received from the payment provider, policy history and application history.

Where necessary, additional information, documents or verification may be requested from the Applicant. If the Applicant does not provide the required verification, the application may be cancelled before being processed, the policy may not be issued or the service may be suspended for transaction security reasons.

Personal data of the Applicant, Policyholder and Insured may be processed for the purposes of receiving the insurance application, preparing quotations, issuing policies, carrying out payment and invoicing transactions, delivering policies, tracking applications, providing guidance in claims and assistance processes, communication, security, prevention of misuse, fulfillment of legislative obligations and conducting insurance activities.

Personal data may be shared with relevant insurance companies, assistance service providers, payment service providers, banks, technical service providers, accounting and invoicing service providers, legal advisors, authorized public institutions, audit and regulatory institutions, Insurance Information and Monitoring Center, SEDDK, MASAK and other persons and organizations authorized under legislation.

The Applicant accepts that personal data shared on their own behalf or on behalf of persons they are authorized to represent may be processed for insurance application, policy issuance, payment, claims, assistance, audit and legislative processes and may be shared with necessary parties.

Detailed information on the processing of personal data is included in the Privacy Policy, KVKK disclosure text and the personal data processing notices of the relevant insurance company published on the website.

Mark Sigorta may send mandatory service notifications relating to application, payment, policy, cancellation, refund, claims guidance or support process via the email address, phone number, SMS, application tracking page or other communication channels provided by the Applicant.

Commercial electronic communications for promotional, campaign, renewal reminder, product information or marketing purposes may be sent when the conditions required by applicable legislation are met and, where necessary, the Applicant’s consent is obtained.

The Applicant may change commercial electronic communication preferences through the methods included in the relevant communication or through Mark Sigorta communication channels. Mandatory application, payment, policy and security notifications necessary for providing the service may not be considered commercial communications.

The Applicant is responsible for ensuring that contact information is accurate and accessible. Mark Sigorta is not responsible for delays that may arise due to incorrect contact details such as email address or phone number, emails being filtered as spam, SMS messages not being received or the Applicant failing to monitor notifications.

The Applicant is responsible for regularly checking the application and policy status through the tracking screen on the website.

Electronic notices sent by Mark Sigorta are deemed delivered when sent to the contact information notified by the Applicant.

Brands, logos, designs, texts, software, visuals, technical infrastructure, databases, content and other elements on the website belong to Mark Sigorta or the relevant rights holders. These elements may not be copied, reproduced, published, modified or used for commercial purposes without the written permission of Mark Sigorta.

The Applicant accepts that they will use the website only for lawful purposes and will not engage in conduct such as fake applications, unauthorized transactions, unauthorized actions on behalf of another person, misleading statements, use of harmful software, interference with technical infrastructure or misuse of the service.

The website may contain links to third-party sites, insurance company pages, payment infrastructures or auxiliary service providers. Such links do not mean that the content, reliability or service outcome of third parties is guaranteed by Mark Sigorta.

Mark Sigorta is not responsible for consequences arising from the Applicant submitting incorrect, incomplete, outdated or misleading information or documents, or information or documents inconsistent with official documents.

Mark Sigorta is not responsible for consequences arising from the insurance company’s risk acceptance decision, policy issuance decision, claims decision, indemnity decision, assessments of official authorities, decisions of border officers, payment infrastructure delays, technical system interruptions, disruptions caused by third-party service providers or late responses by the Applicant.

To the extent permitted by applicable legislation, Mark Sigorta’s liability is limited to direct damages arising from its own fault. Insurance premiums, bank commissions, third-party fees, travel expenses, flight tickets, hotels, reservations, transportation, loss of business, loss of income, visa/residence application loss or similar indirect damages are not considered within this scope.

Mark Sigorta cannot be held liable if services are delayed or interrupted due to natural disasters, fire, war, terrorism, epidemic, strike, decision of an official authority, internet interruption, payment infrastructure interruption, failure of insurance company systems, cyberattack, data center failure, technical maintenance, power outage or other events beyond the reasonable control of Mark Sigorta.

In such cases, Mark Sigorta makes reasonable efforts, to the extent possible, to maintain the service, track the application or inform the user.

Mark Sigorta may update this Service Agreement from time to time. The updated agreement becomes effective as of the date it is published on the website.

The agreement available on the website on the date when the Applicant gives payment or application approval applies to the relevant transaction. Changes to the agreement do not apply retroactively to past transactions unless expressly stated otherwise.

This agreement is interpreted under the laws of the Republic of Türkiye. The Applicant’s mandatory rights arising from applicable legislation are reserved.

In the event of a dispute, it is recommended that a solution first be sought through Mark Sigorta support channels. The parties’ legal application rights are reserved.

In disputes arising from the insurance policy, the relevant policy, insurance general conditions, special terms, Turkish Commercial Code, Insurance Law and relevant legislation are reserved. In insurance disputes, the insurance company, competent authorities, courts or arbitration mechanisms available under legislation may also be considered.

The Applicant is deemed to have accepted this Service Agreement by filling out the application form through the website, receiving a quotation, making a payment, purchasing a policy, submitting the application or ticking the relevant consent boxes.

The Applicant accepts the following:

• They have read and accepted this Service Agreement,
• They must review the Privacy Policy and personal data processing information notices,
• The information and documents provided for the selected service are accurate, complete and up to date,
• Mark Sigorta is not an insurance company but an authorized insurance agency,
• The scope of insurance coverage is determined by the issued policy, special terms, general conditions and the rules of the insurance company,
• Policy issuance, official authority acceptance, claim payment, visa/residence outcome or entry into Türkiye is not guaranteed,
• They understand the cancellation, withdrawal and refund conditions,
• They have checked and approved the payment items, total amount, policy period, selected product and any additional coverages displayed during the application.

The Applicant cannot complete the application or payment process without ticking the required consent boxes or giving the required approval. Completion of the application or payment process means that this agreement has been accepted.