Deposit refund? Cancelling a clinic package in Türkiye

“To confirm your date, we ask for a deposit of £400.” For most patients, this is how booking surgery in Antalya begins. The deposit is quickly transferred – and the questions only come when something gets in the way: illness, a cancelled flight, second thoughts, or a clinic that moves the date.

This guide explains what Turkish law says about deposits, when you get your money back and how to protect yourself from the outset.

The key distinction: deposit or forfeit?

In everyday language everything is called “kapora” – “deposit”. Legally, however, the Turkish Code of Obligations distinguishes two things:

Deposit (bağlanma parası, Art. 177)

A sum paid when the contract is concluded is presumed to be a sign that the contract has been formed – and is credited against the price. It is not a price for the right to walk away from the contract. If the contract falls through, it is in principle refundable. The clinic may, however, claim a loss it has suffered as a result of a cancellation for which you are responsible.

Forfeit (cayma parası, Art. 178)

A forfeit is the agreed price for the right to withdraw from the contract. If the person who paid the forfeit withdraws, they lose it. If the side that received it withdraws, it must pay back double. A forfeit must be clearly agreed – according to case law, simply calling it “kapora” is not enough.

What this means for you: if the contract only says “deposit” or “kapora” without any further rule, the legal presumption is that it is a payment towards the price. Automatic forfeiture is then not the rule.

Case by case: who gets what?

1. You cancel without a particular reason

You have changed your mind. Then everything depends on the contract:

• With an agreed forfeit: you lose the forfeit, but you are free.
• Without a rule: the deposit is in principle refundable. The clinic may, however, deduct the loss it has actually suffered – for example hotel nights already paid for, laboratory tests or a reserved theatre slot that could not be given to anyone else. The clinic has to prove this loss.
• With a sliding scale in the contract (for example: free of charge up to 30 days before, 50 per cent after that): such rules are permissible as long as they are not unreasonable.

2. You cancel for an important reason

Illness, pregnancy, a death in the family, a cancelled flight. Here too, the contract applies first. Without a rule, the basic principle applies: refund minus proven loss. Reputable clinics offer a postponement in such cases, with the deposit kept on account. Get this confirmed in writing.

Travel cancellation insurance can cover the costs of cancelling for health reasons. But check the terms: many policies exclude travel for the purpose of planned surgery.

3. The pre-operative assessment shows you cannot have surgery

Blood results, an undetected condition, a BMI that is too high: sometimes it is only the surgeon on site who decides that the operation cannot go ahead, or not as planned. In this case you are not responsible for the cancellation. The deposit must be refunded – at most minus the cost of services actually provided, such as tests, if that was agreed. Forfeiting the deposit would be unreasonable here.

4. The clinic cancels or postpones

The surgeon is unavailable, the theatre is not free, the clinic stops responding. If the clinic does not keep to the agreed date, you can set it a reasonable deadline in writing. If it passes, you can, depending on the circumstances, withdraw from the contract and demand a full refund. If a forfeit was agreed and the clinic withdraws, it even owes double. In addition, compensation for wasted expenses such as flight tickets may be claimed.

5. The clinic does not perform as agreed

A different surgeon from the one agreed, a different implant, a hotel that has nothing to do with the offer. This is not a question of the deposit but of performance of the contract. Document the discrepancy, object immediately in writing and do not let yourself be pressured into “just going ahead”. More on this in our guide Your treatment contract with a Turkish clinic.

Is there a right of withdrawal as with online purchases?

Many bookings are made entirely via WhatsApp, Instagram or a website – that is, by distance communication. The Turkish Consumer Protection Act provides a 14-day right of withdrawal for distance contracts. However, there are exceptions that are relevant to clinic packages:

• Services on a fixed date such as accommodation and transfers.
• Services that have already begun at your express request before the withdrawal period has expired.

Whether and to which parts of a package the right of withdrawal applies is disputed and depends on the individual case – including whether the clinic informed you about a right of withdrawal. Do not rely on it. A clear contractual cancellation rule is the better protection.

Invalid clauses

If you book as a private individual, the contract is usually a consumer contract under Turkish law. Pre-formulated clauses that unfairly disadvantage you contrary to good faith can be invalid under the Consumer Protection Act. Examples of problematic clauses:

Clause	Why it is problematic
“The deposit is forfeited in all cases.”	Even if the clinic cancels or you are medically unsuitable – unreasonable.
“On cancellation, 100% of the package price is due.”	A flat rate regardless of the actual loss.
“The clinic may move the date at any time without compensation.”	One-sided – you bear all the costs of the postponement.
“Refunds are only given as vouchers.”	You are tied to the clinic even when trust has gone.

An invalid clause does not mean the whole contract is invalid. The statutory rule takes its place – that is, in case of doubt: payment towards the price, refund minus proven loss.

Agency or clinic: who do I claim from?

If you paid an agency, it needs to be clarified whether the agency is itself your contractual partner or only acted as an intermediary. Since 2025, facilitators in Turkish health tourism must be authorised and reachable around the clock. Direct your claim to the contractual partner named in the contract – and if in doubt, to both the agency and the clinic.

How to claim your deposit back

1. Check the contract and messages: what was agreed about the deposit? Who is the contractual partner?
2. Withdraw or demand a refund in writing: by email and additionally via the channel you booked through. State the reason, attach evidence (medical certificate, flight cancellation, the clinic’s cancellation) and set a deadline of, say, 14 days.
3. Provide your bank details for the refund.
4. Document everything: dated screenshots, payment receipts.
5. If you paid by credit card: consider a chargeback with your bank if the service was not provided.
6. Complaint and legal steps: if the clinic does not respond, a complaint to the provincial health directorate, mediation and a lawsuit in Türkiye are options. For smaller amounts, Türkiye provides the procedure before the Consumer Arbitration Committee (Tüketici Hakem Heyeti); larger claims go to the consumer court.

For international patients, pursuing a claim in Türkiye is demanding. It is often worth first having a Turkish lawyer send a formal demand letter under a power of attorney – many clinics then pay.

Prevention: how to protect yourself when booking

• Keep the deposit small: 10 to 20 per cent of the package price is usual. Do not pay the full amount in advance.
• Cancellation rules in writing: what happens if you cancel, if the clinic cancels, if you are medically unsuitable and in the event of force majeure?
• Postponement instead of forfeiture: get an assurance that the deposit is kept on account if you postpone for an important reason.
• Pay traceably: bank transfer or credit card – no cash handovers, no payments to employees’ private accounts.
• A receipt for every payment with date, amount, purpose and name of the recipient.
• Book flexible flights or ones with a rebooking option.
• Check insurance: travel cancellation and complications – read the exclusions.
• No time pressure: “only today at this price” is a sales tactic, not a reason to pay immediately.

Checklist: paying a deposit safely

• Contractual partner and payment recipient are the same
• Amount of the deposit and credit against the price in writing
• Cancellation rules for all four cases (you, clinic, unsuitability, force majeure)
• No blanket forfeiture of the deposit
• Option to postpone for an important reason
• Traceable payment method and receipt
• Flights with a rebooking option
• Insurance terms read

Read more

• Your treatment contract with a Turkish clinic: what to check
• Medical malpractice in Türkiye: your rights and what to do
• How to choose a reputable clinic in Türkiye