Distance sales (Passenger Transportation) Agreement
1) PARTIES
This Passenger Transportation and Distance Sales Agreement is signed between “MOKAN TURİZM TİCARET LİMİTED ŞİRKETİ (hereinafter referred to as “MOKANVIP”) operating at the address "Tayakadın Mahallesi Terminal Caddesi No:1/820507 Arnavutköy / İstanbul, Turkey" and between passengers booked from www.mokanvip.com (hereinafter referred to as the “Passenger”).
Unless otherwise stated in this Agreement, “Mokanvip and Passenger shall be referred to separately as the “Party” and collectively as the “Parties”.
2) Subject
With this Agreement, the Parties have agreed to provide the transfer service purchased by passengers to the airport-address or address- airport directions before and after the flight for airport transfers within the borders of Turkey with the specified vehicles. This service shall be provided by “MOKANVIP” for the specified price within the framework of the following Contract terms.
3) Service and Payment Information :
3.a. The contract price is specified in the service details, including VAT.
3.b. With this Agreement, the passenger has agreed to be charged by MOKANVIP with the credit card that will be entered into the IYZICO screen for all kinds of fees for the transfer service that he receives and/or will receive, the passengers authorize MOKANVIP to make a credit card withdrawal in this regard.
3.c. The period of invoice arrangement in exchange for the purchased service Tax Procedure Law (TPL) accordingly, is 7 days, including the date of purchase of the service, provided that a month hasn't been over.
3.d. Payment Method: Either by Debit Card or Credit Card.
4) General Provisions
4.a The passenger has to act in accordance with all kinds of legislation, especially the Highway Traffic Law, and within the framework of the legislation; the passenger has to act in accordance with all kinds of
rules, such as wearing a seatbelt in the first place and complying with safety rules in the vehicle.
4.b. By purchasing the transfer service with a credit or debit card, the passenger is deemed to have accepted the written terms of the relevant contract, even if he has not signed the service agreement.
4.c. The passenger must have made a reservation no later than 2 hours before the transfer time in order to benefit from the transfer service subject to this Agreement. On religious and national holidays, New Year's Eve and other public holidays, the reservation must be made no
later than 24 hours before the transfer time. The reservation can be canceled by the passenger no later than 24 hours before the transfer time. In this case, the recieved service fee will be refunded to the passenger. No refund will be made for cancellations made outside the specified periods.
4.d. Within all services, the Passenger does not have the right to change the route. Requests from the passenger such as paying a visit to a different location between the specified route and waiting at this location for a while are not accepted. In VIP transfer service, requests for different points other than the route(s) specified in the contract are charged separately for each different point.
4.e. MOKANVIP is obliged to allocate vehicles for the transfer service in accordance with the number of passengers and baggage volume determined by the passenger at the time of purchasing the transfer
service, all evaluation authority belongs to MOKANVIP. MOKANVIP agrees and undertakes that all the vehicles that it will allocate to the service subject to this Agreement will have their personal accident and seat insurance completed, that the periodic maintenance of the vehicles will be completed within their time, that materials such as spare wheel, first aid equipment, fire extinguishing tube, reflector, which must be present in the vehicle, will be available. In case of any traffic accident that may occur during the transfer and for any other reason which may include, physical or material damage to the customer or damage to the transported goods, MOKANVIP will not be responsible. In such a case, the Customer irrevocably accepts and declares in advance that
MOKANVIP will not have any liability arising from Article 66 of the Code of Obligations and other provisions of the legislation.
4.f. Except for the passenger and baggage information provided by thepassenger at the purchase stage which has been accepted by MOKANVIP, passengers or baggage exceeding the limits accepted by MOKANVIP cannot be accepted to the vehicle. If the passenger cancels
the transfer service for this reason, the price cannot be refunded.
4.g. If necessary, the vehicle personnel who will perform the transfer are obliged to check if the customer who purchased the service is the correct customer by looking at identity documents issued by legal authorities and a booking document. The transfer of the customer who does not fulfill this obligation will not be made. However, if MOKANVIP believes that the booked credit card holder has consented for the Passenger receiving this service, Passenger may benefit from this service.
4.h. MOKANVIP is not responsible for the loss or damage of any items forgotten by the customer in the vehicle during the transfer. In such a case, the passenger should contact the MOKANVIP call center and pick up the forgotten item from the address provided to him if it is found.
4.i. Sacks, chests, parcels, etc. as luggage in MOKANVIP transfer vehicles aren't allowed. The passenger has a baggage allowance of no more than 1 handbag and 1 piece of luggage per person (the handbag should not exceed 8 kg, the accompanying suitcase must not exceed 32 kg weight). The passenger accepts, undertakes and declares that there are no flammable, combustible, explosive, drugs, liquid, odourant, radioactive subtances prohibited to be carried and possessed by the legislation of the Republic of Türkiye. If the presence of the items counted is noticed by the driver, the baggage in question will not be accepted into the vehicle. In addition, in these cases, the passenger cannot claim any receivables or rights against MOKANVIP under any
name. If the presence of the above-mentioned items is noticed in the baggage, the situation will be immediately reported by MOKANVIP to the authorized official authorities. If the presence of the listed substances is not noticed by the driver; if it is detected by stopping and searching the vehicle by law enforcement agencies during the transfer; any damage and loss that MOKANVIP and/or any person will suffer for this reason will be immediately covered by the passenger in cash and at that specific time.
4.j. Pet transfers in our transfer vehicles can be made in a secure cage so as not to disturb other passengers. Preliminary information during
booking has to be made. Only cats and dogs, small songbirds are carried as pets.
Cage dimensions should not exceed 23*40*55.
4.K. Passenger information
4.k.1 The reservation information or preliminary information of the service received by the passenger will be shared by e-mail and/or SMS. The responsibility for the accuracy of the phone and e-mail information provided by the passenger belongs to the passenger. MOKANVIP cannot be held responsible if the contact information in question is incorrect and the information cannot be passed to the Passenger.
4.k.2 In the purchased shared transfers, the estimated time of pick up will be shared with the passenger by e-mail and/or SMS 12 hours before the transfer following their services. In the VIP service, service will be provided according to the pick-up and drop-off time determined by the
passenger himself.
4.l. For transfers from a certain point to the airport; MOKANVIP declares and undertakes that the vehicle allocated for the transfer will be located at the designated point during the transfer time. The passenger is notified by e-mail and SMS before the specified transfer date and time. Any delay of 30 (thirty) minutes of the transfer vehicle from the transfer time notified to the Passenger, except for any extraordinary circumstances, unforeseen circumstances, force majeure, flood, hail, rain, traffic congestion, etc., will be considered as reasonable delay. At transfer points such as the residential neighbourhood, public housing; MOKANVIP is not responsible if the 30 (thirty) minute delay period is exceeded due to security guards blocking the vehicle's entry to the pick up point. If the 30 (thirty) minutes is exceeded in this way and the Passenger is not waiting for the vehicle, the price will not be refunded. The passenger must be present with their luggage at the designated
point during the transfer time. If the passenger is not present at the transfer point during the transfer time, the vehicle allocated to MOKANVIP is obliged to wait for the passenger for 10 (ten) minutes. If the Passenger does not reach the designated point with their luggage at the end of 10 (ten) minutes, there is no obligation of the vehicle to wait any longer. The time notifications of MOKANVIP's operations, call center and drivers will be binding on the parties.
4.m. In case of delays or waits exceeding 2 (two) hours for any reason, MOKANVIP's obligation to keep the vehicle waiting at the airport won't come in question. For shared transfers, the transfer is carried out by
MOKANVIP according to the appropriate time and vehicle availability. In VIP service, the service is performed by allocating the appropriate vehicle by MOKANVIP.
4.n. Agreements made with contracted companies and campaign conditions will apply. MOKANVIP is obliged to ensure that vehicles reach their service locations at the promised time. If the vehicle in
question cannot go to the approved job due to a problem caused by MOKANVIP, the service will be provided by a second vehicle without any additional charge from the passenger. If the second vehicle cannot reach the Passenger address on time or the Passenger cannot arrive to the flight on time with the second vehicle, all alternative transportation costs necessary for the passenger to get to the airport will belong to MOKANVIP. In cases where the passenger has to use another means of transport (for example: Commercial taxi, public transport, his own vehicle), the service will be provided again free of charge at a time of the passenger's request, or the amount paid for the service (in
exchange for a document) will be refunded to his credit card without any
deduction. If MOKANVIP leads to the missing of the customer's flight due to the faulty service, it will only cover the transfer loss that will arise for the passenger's airport transfer. This damage will not exceed 1.000 (Thousand)TL in any case and in no other way. The passenger has accepted and committed to these matters in advance.
4.o. At the transfer point, the driver of the vehicle is not obliged to leave the vehicle and accompany the passenger to the vehicle or to his home.
4.ö. the transfer of children under the age of 18 will not be carried without adult accompaniment or without the permission of the family.
4.p. If a wheelchair transfer is also requested for the passenger to be transferred in shared transfers, this should be stated by the Passenger at the time of booking. Otherwise, the Passenger will be responsible for any damage caused and/or will be caused by any delay and/or
Passenger's inability to board the vehicle. MOKANVIP will not have any responsibility for these above. Passengers with physical disabilities who are able to meet their personal needs can travel alone without accompaniment. However, passengers who cannot meet their personal needs have to be transferred with a companion. The necessary reservation must also be made for this companion and the fee must be paid beforehand.
4.r. In the online transfer purchase that you will make with your credit card that does not belong to Turkish banks, an additional transaction fee may be reflected in your transfer fee by your bank. For detailed
information, it is necessary for the passenger to contact their own bank.
4.s. Sick passengers who do not have any contagious disease and who are not medically prevented from travelling are accepted for transfer with a doctor's report prepared at most 20 days before the transfer, with the phrase "there is no inconvenience in travelling".
5) CANCELLATION - REFUND CONDITIONS
5.a. If the time specified in this Agreement has elapsed and/or the conditions are not met, the cancellation right cannot be used and MOKANVIP will not refund the fee.
5.b. If you received the reservation from MOKANVIP's website, mobile application or call center, you can make your changes and cancellations via any of the online sales channels or from the call center with the REF (Reference) Code and credentials.
MOKANVIP may unilaterally cancel the booking and/or transfer due to reasons such as unexpected circumstances, force majeure, natural disaster, hail, flood or traffic accident. In this case, in the absence of any fault attributable to MOKANVIP, the fee won't be refunded. 5.c.
5.c. Passengers who request cancellation despite reservation; less than 24 hours before the shared transfer, less than 24 hours before the VIP transfer, or after the transfer time, are considered as passengers who have not participated in the transfer (noshow). In this case, the fee will not be refunded.
5.d. Cancellations, changes and fare refunds are not made for any reason for the promotional product purchased by the passenger.
Obligations such as financial damages from a bank or banks, commission fees, etc. arising from the refund transactions of payments
made by credit card, which will be imposed on MOKANVIP by the State of the Republic of Turkey, shall be deducted from the money to be refunded to the Passenger.
5.e. Cancellations made on reservations purchased in instalments are refunded to the paid card account again in instalments.
In case of cancellation of the booking by MOKANVIP for any reason, the Passenger will be notified as soon as possible.
5.f. MOKANVIP will not have any responsibility if the Passenger does
not behave in accordance with the obligations under this Agreement and/or if the reservation is canceled for any reason caused by any defect and/or negligence of the Passenger and/or if he does not receive the service. For this reason, MOKANVIP reserves all legal rights, except for the collection of the service fee.
5.g. MOKANVIP has the right to store the transaction amounts until the
date of the Member's approval of the Payment Transaction in Suspicious Transactions, especially in the following cases and if notified to it by the User or System Partner. Payments will not be processed definitively if the suspicious situation is finalized, provided that it is documented. Some of the issues that will be considered suspicious transactions are as follows;
– If there is a suspicion that the Paying Process does not comply with the legal provisions,
– If there is a suspicion that the Payment Transaction was made without the knowledge of the holder of the credit card used in the Payment
Transaction,
– If there is a suspicion that the Payment Transaction was made
without the knowledge of the holder of the bank account used in the Payment Transaction ,
– If there is a suspicion that the Payment Transaction is not a genuine Payment Transaction (except for tests).
- Other cases that MOKANVIP considers suspicious transactions.
5.h. The refund of the transactions accepted by the bank after the cancellation/refund request is reflected after receiving the end-of-day information of the day of the transaction is within approximately 2-3 days if the credit card belongs to a Turkish bank, and within approximately 3-7 days depending on the country if it is a foreign credit card. Since banks do not accept automatic refunds if sales and returns are made on the same day, the refund is made by MOKANVIP on the next day (except weekends and public holidays). Since refunds cannot
be made on bank cards, the passenger's account information is requested and refunds are made by remittance transfer or EFT. In this case, in order for the refund to be paid, transaction requirements such as reaching the passengers, obtaining the account information required for the refund, and transmitting payment orders to banks change the refund period. If the paid credit card/debit card/account has not been closed, the refund will be processed after the bank receives the end-of- day report.
5.i. Liabilities such as material damages, commission fees, etc. arising or to be arisen due to the refund transactions of payments made by
credit card, which will be imposed on the money transfer by the State of the Republic of Türkiye, bank or banks, shall be deducted from the money to be refunded to the Passenger.
5.i. Rules that must be followed on trips made with MOKANVIP; -Not to take alcohol and drugs during the journey in the vehicle
-Avoiding movements that will distract the driver
-Not to speak loudly in the vehicle
-Not to disturb anyone by taking into account the rights of other passengers
-Not eating during the journey in the vehicle
-Avoiding actions that would endanger the safety of the journey -To comply with all travel instructions to be notified by MOKANVIP.
5.j. The Passenger can not transfer or assign this Agreement and/or any rights and receivables arising and/or will have been arisen from this
Agreement to any person.
If you have more information and requests, please contact us.