GENERAL TERMS AND CONDITIONS OF MONTENEGROTOUR.ME

1. Information about general terms and conditions associated with the services of MontenegroTour.me

Web site www.montenegrotour.me is property of Montenegro Holiday DMC LLC Herceg Novi, with registered office at Jovana Bijelića No 1, 85340 Herceg Novi (hereinafter: the Agency). Use of the website, services available through it, and any other interaction, are regulated by these General Terms and Conditions (hereinafter: the Terms).

The Terms are an integral part of the contractual relationship arising at the time of contracting the tour on any of the units available in the Agency’s portfolio. The booking that you conclude with the Agency, as an intermediary, is concluded by you as the tour customer (hereinafter: the Customer) with the tour operator. The Agency acts exclusively as an intermediary, so it can only be responsible as an intermediary.

The Terms shall enter into force on the day of their publication on the website www.MontenegroTour.me, where they are always available. All data stated in the General Terms and Conditions are legally binding.

2. Booking process and payment method

The reservation is binding and is made through instant booking on the website www.MontenegroTour.me or by sending an inquiry via e-mail to info@MontenegroTour.me. The inquiry shall be considered a reservation once the Customer makes the advance payment in the manner defined in Article 2.1. of these Terms. The Agency will respond to the Customer's inquiry as soon as possible and send an offer with all relevant information on applicable conditions and the method of payment. The customer can accept the offer via e-mail only and shall provide the Agency with all the necessary information to be able to contract the tour operator. Reservations by phone are not possible, as the phone is used to communicate information only. Reservations can only be made with prior unconditional acceptance of these Terms. Reservations by inquiry are possible under prior acceptance of the Terms which make an integral part of the offer and are submitted to the Customer along with the offer. Having accepted the offer, the Customer shall be deemed to have read and unconditionally accepted the Terms. On the day of making a reservation, the customer must be at least 21 years old.

When creating a request for the tour, the Customer confirms they are familiar with the Terms, which they have carefully read, and confirmed they have fully, unconditionally accepted them. The Customer shall provide all the information required by the booking process, which must be accurate and truthful. If the Customer fails to provide accurate and truthful information, the Customer will be responsible for any costs or consequences arising from the inaccurate information provided.

To confirm a reservation, the Customer shall pay in advance full price of the tour price for the chosen period, unless otherwise indicated during the booking process. The amount of advance payment is included in the price of the tour. The Customer shall make the advance payment immediately upon direct booking, or no later than three (3) days from the date of receipt of the pro-forma invoice following the Customer’s inquiry via e-mail, after which the reservation shall be considered confirmed.

The Rental Agreement is considered concluded once the Agency receives the advance payment. Once the payment is visible on its bank account, the Agency shall send a confirmation (voucher) to the Customer with all relevant information listed – the amount paid, the due amount and the timeline (the "Confirmation"). The Confirmation details the necessary information about the tour which, in addition to these Terms, constitute the Booking Agreement concluded with the tour operator with the intermediation of the Agency.

In the event the payment is not made within 3 (three) days from the date of reservation, the Booking Agreement shall be considered terminated. The advance payment shall not be refunded.

Payment

Payment on this website can be made with VISA, Maestro or MasterCard credit cards. When paying by credit card, there is a possibility that the card will be declined. In the event of a failed transaction, we will notify you immediately by email and ask you for an alternative payment method. Reasons why the card may be declined: limited daily limit, lack of funds on the account, wrong address, etc.
If the passenger does not report the alternative payment method after the unsuccessful transaction within 24 hours, the reservation will be canceled. Incorrect credit card information can lead to cancellation of the reservation, prolongation of the issuance of the air ticket and change of the ticket price. To avoid complications, please enter all information correctly.
By making a reservation, the passenger accepts financial responsibility for all transactions made.

Payment methods

Payment on our site can be made in one of the following ways: with VISA, Maestro or MasterCard cards that support online transactions. Online transactions are realized in cooperation with All Secure doo and Hipotekarna banka in a secure and certified way through AllSecure Payment Gateway, by simply entering data from the payment card.

Following the successful entry of the card data and confirming the payment, the bank authorizes the transaction thereby approving the order after which the delivery is expected. The funds will be reserved on your card (account) and will not be available for another purpose.

The transaction will be completed and the amount deducted from your account only when the reservation is made. In the event that the payment is not completed, or the amount is not deducted from the account within 14 days of accepting your reservation, it will be canceled and deleted. After the expiration of the 14-day period, the money reserved in your account will be released and will be available to you again. You can then repeat the same or make a new reservation, and make a payment.

NOTE: Check with the card issuing bank to see if your card supports online payments.

Data protection when paying

When entering payment card data, confidential information is transmitted via the public network in a protected (encrypted) form using SSL protocol, using the most modern methods of tokenization of sensitive data, and in accordance with PCI-DSS standards. The payment card information is not available to the service provider. 3D Secure protection for all merchants and customers – AllSecure Payment Gateway uses the highest global standards of data protection and privacy. All customers using the AllSecure Payment Gateway are automatically included in 3D-Secure protection, guaranteeing customers the security of their purchases. Customer payment card numbers are not stored in the service provider’s system and the registration itself is protected by SSL data encryption. PCI DSS Standards – AllSecure Payment Gateway is constantly complying with all the requirements of card organizations in order to increase the level of security of merchants and customers. From 2005 until today, without interruption, the system has been certified as PCI-DSS Level 1, which is the highest standard in the industry. The PCI Data Security Standard (PCI-DSS) is a standard that defines the necessary security measures for the processing, storage and transmission of sensitive card data. PCI Standards protect sensitive cardholder data throughout the payment process: from the moment of data entry, during communication between the service provider and relevant banks and card organizations, as well as the subsequent storage of this data.

Refund

In the case of a refund to a client who has previously paid with one of the payment cards, in part or in full, and regardless of the reason for the refund, the refund is made exclusively through the same VISA, Maestro or MasterCard card used for payment. This means that our bank will, at our request, refund the funds to the cardholder’s account.

Conversion statement

All payments will be made in Euros (€). If the payment is made with payment cards of foreign issuing banks, the amount of the transaction will be converted into the local currency of the cardholder, according to the exchange rate of Visa / Mastercard.

Verification system

To avoid the possibility of credit card fraud, the agency has the right to check the credit card with the user’s bank, and may ask the traveler to send a copy of the ID card and credit card by fax or e-mail.

2.1. Payment of the remaining part of the price for tour

The Customer shall pay the remaining due amount for the tour to the Agency’s bank account no later than the payment policy for that type of the tour requires. The method of payment may differ from the method specified here, which the Agency and the Customer agree in writing and specify in the confirmation issued by the Agency to the Customer to confirm the booking. If the Customer fails to make the payment as per the specified method, the rental agreement shall be considered unilaterally terminated and any money already paid shall not be refunded.

The Agency shall make a final invoice for the service and deliver it to the Customer upon completition of the service. The invoices shall list the full amount of the Booking Price (including the full amount of the advance payment paid).

Promotions and discounts cannot be summed up or combined. Each booking can only contain one discount.

Payments can be made via bank transfers, credit cards and debit cards. The Customer is responsible for any bank transfer charges.

Pre-authorization on a credit card may be used in some circumstances, in the manner and per terms and conditions agreed by and between the Agency and the Customer, in writing.

2.2 Default

The customer shall make payments within the deadlines and in the manner described in Article 2 herein and in the confirmation that lists the agreed method of payment. If the Customer defaults, such action shall be considered a serious breach of contractual obligations, and the Booking Agreement shall be considered terminated without notice. In case of termination of the Booking Agreement, any payments made to the Agency shall be non-refundable.

3. Price of service

The price of the service includes the basic service as described in the price list for the tour unit from the reservation. Any surcharge shall be specified and presented to the Customer on the confirmation of the total price of the reservation upon making it. There may be other services that are not included in the basic price and which may be arranged with the Agency in advance and under special conditions, and the Customer can choose to pay for such services in cash. The Customer shall request such additional or special services in advance when booking the tour.

The Agency reserves the right to change the published prices. The Agency guarantees the price of tour stated in the confirmation the Customer received after the Customer made an advance payment or paid the entire cost.

4. Lowest price guarantee

The Agency guarantees the lowest available price for each tour in the portfolio of www.montenegrotour.me, i.e. tours cannot be found advertised at lower prices than the ones on MontenegroTour.me.

In the event that a customer receives a better offer from connected OTA's for tours provided by us, and same currency before the reservation is completed and submits proof thereof to info@MontenegroTour.me, the Agency shall guarantee the rental of the same tour, for the same period and under same conditions, with the same price the Customer has shown.

The lowest price guarantee shall not apply to last-minute promotions, or in cases where such information on other websites is not up-to-date and when no reservation is possible under such conditions. The lowest price guarantee is applicable only at the time of booking, i.e. it is not possible to apply it subsequently, i.e. after the reservation has already been made and paid for.

5. Obligations of the Agency

The Agency shall apply best practices of tourism in its provision of services, and in accordance with the Terms. The Agency shall take into account the rights and interests of Customers, and fulfil its obligations entirely and in the manner stipulated herein.

6. Obligations of the Customer

The Customer is required to have a valid travel document.

The Customer shall abide by and follow the customs and foreign exchange regulations of the country of destination, and has to check whether a visa is required to enter the country of destination or any neighbouring country. The Customer shall cover all expenses incurred in the event the Customer failed to continue travelling due to a violation of the above regulations.

The Customer must follow rules in the tour, and cooperate with the service provider in good faith.

Upon arrival to the destination, the Customer shall present a confirmation of the paid service to the service provider, i.e. the confirmation (voucher received by e-mail).

The Customer shall pay the remaining amount of the reservation according to the model defined on the confirmation.

The Customer must report immediately when sending the inquiry if they plan to arrive with other customers whose number exceeds the capacity of tour, even if such customers are minors. Any stay of customers whose number exceeds the capacity of tour depends entirely on the goodwill of the service provider, and shall not exclude the possibility of a surcharge for additional persons. There are no rules under which minors are allowed to stay free of charge and without notice.

Failure by the Customer to comply with the provisions of Article 6 of these Terms shall be deemed a serious breach of the Terms, as a result of which the Customer shall cover all costs incurred and shall be liable for the damage.

By confirming the reservation, the Customer agrees to compensate the service provider without any delays for any damage the Customer may have caused to the property.

6.1. Pets

The listing of each tour specifies if the pets are welcome and, if yes, under which conditions. Customers have to inform the Agency, when making an inquiry or during the booking process, of their intention to bring a pet into the tour, even in cases when the tour listing says pets are welcome. The Customers have to provide information on the breed and size of the pet to the Agency, given that each tour has house rules that must be followed.

It is not allowed to have more pets than listed on the certificate. In the event that Customers wish to bring more than 2 (two) pets, they will have to contact the Agency, as special consent is needed to keep more than 2 (two) pets in the tour. Pet owners are responsible for cleaning up after their pets. Pets must be vaccinated against rabies and all other diseases in accordance with applicable regulations. Customers shall bear all responsibility of keeping pets during the tour, hence the provider of a tour or the Agency do not accept any responsibility for any illness or injury that pets may suffer during the tour.

6.1.1. Allergies

Pets are not allowed in some tours. However, the owner of the tour or the Agency cannot guarantee that no pets were present in the tour in the past or that the owner has no pets. The Agency shall not assume any responsibility for any allergic reaction the Customers may experience during their stay in the tour.

6.1.2. Liability for non-compliance with rules specified in Article 6

If the Customer brings a pet that has not been announced, and for which the Customer does not have consent in writing, such action will be considered a serious breach of the contractual relationship, and the service provider and the Agency reserve the right to terminate the booking agreement, effective immediately, without notice, and the Customer must vacate the tour with all persons staying there within 2 (two) hours and shall not have the right to demand a refund for the paid tour from the owner or from the Agency.

6.2. Noise

If Customers disturb public order and peace by making noise, even after a warning, such events can be considered a serious breach of the booking agreement, in which case the owner and the Agency can terminate the booking agreement, effective immediately, without notice, and the Customer must vacate the tour with all persons staying there within 2 (hours) and shall not have the right to demand a refund for the paid tour from the owner or from the Agency.

6.3. Luggage

Customers are responsible for their own belongings. The Customers shall be solely responsible for any theft, loss, or damage of items left unattended. The Agency shall not be held responsible for any damaged, destroyed or lost luggage, or for any luggage or valuables stolen during the tour (the Agency encourages you to rent a safe, if possible, or buy insurance with luggage provided for). Customers are required to report any lost or stolen luggage to the owner and the competent police unit.

7. Cancellation and changes

The Customer shall inform the Agency in writing (via e-mail, mail or fax) about any change or cancellation of the reservation in order for the Agency to be able to process the request. Bookings cannot be changed or cancelled via phone. The date of receipt of a request for change or cancellation of a confirmed reservation during the Agency's business hours shall be used as the basis for the calculation of costs. In the event of receipt of a notice of cancellation or change of a confirmed reservation outside the Agency's business hours, the date of request processing shall be the following business day of the Agency.

In the event of cancellation of the Booking Agreement, the conditions assigned for each tour shall apply.

7.1. Cancellation by the Tour Operator

In the event that the Tour Operator cancels the reservation for any reason whatsoever, the tour operator shall be responsible to refund the Customer for the full amount paid.

7.2. Cancellation by the Agency

In the event that the Agency has to cancel the reservation for any reason whatsoever, the Agency shall refund the paid amount or find alternative tour of the same category, for the same amount.

7.3. Termination due to force majeure

If any unforeseen circumstances arise as a result of force majeure, i.e. circumstances "beyond the reasonable control", such as: natural disasters, war, riots, earthquakes, hurricanes, unexpected laws, strikes, suspended flights, flood, plague, pandemics, travel restrictions, all funds paid by the Customer shall be non-refundable, and neither the Owner nor the Agency shall be liable for any damages. However, a credit note will be issued to the Customer in the amount of the Customer's payment to the Agency, and the Customer will be given another date to use the tour. The Customer shall use the credit note no later than 18 months following the date of issuance of the note.

The received advance payment shall be refunded only if the customer proves through acceptable reasons that no future date of tour suits him (serious illness, a death in the family, personal bankruptcy, etc.).

7.4. Changes

Changes such as the change in the number of persons, the date, and any other change, can only be made in writing and with the prior consent of the Agency or the Tour Operator. The basis for the calculation of costs arises from the moment of receipt of the change request, which is sent to the Agency, during business hours. If the request is sent outside business hours, the next business day of the Agency will be taken as the date of receipt of the change request.

For changes in the number of persons or check-in and check-out dates, if possible, the following terms and conditions shall apply:

If the requested changes to the reservation are not possible and the Customer cancels the reservation, the cancellation policy referred to in Article 8 of the Terms shall apply.

7.5. Changes by the Agency

In the event of extraordinary circumstances that could not be foreseen, avoided or eliminated, the Agency reserves the right to make changes only if they have been communicated to the Customer in a timely manner and will find a similar replacement tour, the price of which will correspond to the price the Customer has paid. In the event that the Agency can offer replacement tour that exceeds the amount of the paid reservation by more than 15%, the Agency reserves the right to charge the difference in price with prior consultation and consent by the Customer. In case the paid tour cannot be replaced, the Agency reserves the right to cancel the reservation with prior notification of the Customer, and before the start of the tour, and guarantees a full refund of the paid amount, whereby the Customer waives the right to claim any compensation from the Agency. The Agency shall refund the amount paid to the Agency's account only, while the Customer bears the cost of bank transfers. If an adequate replacement is not possible on the day of the beginning of the service, the Agency shall inform the Customer about all the available information about the tour in its portfolio, and refund the paid amount of the reservation to the Customer, if possible.

8. Complaints and complaints resolution procedure

The Customer has the right to object to the Tour Operator and/or the Agency for any default in the tour or any deviation of it, or if the services were underperformed, any damage or other defects in the facility were noticed by the Customer or if the Customer has other similar objections, the Customer has to report them immediately and at the latest within 24 hours to the Agency or the tour operator representative, via email or to the representative’s e-mail address that is listed on the issued offer. The Agency or the tour operator shall offer a solution to the Customer as soon as they become aware, and no later than 48 hours from the time of notice if they find the complaint well-founded. The Customer can contact the Agency via e-mail address info@montenegrotour.com .

In case of any objections or problems with the payment, the Customer has the right to file a complaint to the Agency without delays and explain the problem. The Agency shall respond to the complaint no later than 48 hours from the date of its receipt. In case the Agency rejects the complaint as unfounded, but the Customer decides to forward it to a bank or any other competent body, the Agency may be a channel of communication between the two parties and submit its explanation in order to solve the matter.

The Customer shall strive to minimize any loss or damage to the tour operator. The Customer shall cooperate with the Agency, the manager/representative and act in good faith in order to eliminate the causes that are the subject of the complaint. The Customer shall give the tour operator a reasonable time to remove the reasons that gave rise to the complaint.

If the Customer decides to leave the tour and finds another tour, due to dissatisfaction with the condition of the tour booked, without giving the Agency/Tour Operator the opportunity to eliminate the cause of their dissatisfaction or find a replacement tour, the Customer shall have no right to demand a refund or to file a lawsuit for compensation, regardless of whether their reasons were founded or not.

Furthermore, if the Customer accepts the solution for the complaint that corresponds to the paid service, the Agency will not accept any subsequent complaints or respond to them.

If the intervention following the Customer's complaint is unsuccessful and the problem persists, the Customer shall submit a written complaint with supporting documents, and photographs of the problem that prove the validity of the complaint via e-mail or mail, within 8 days following the day of the end of the complaint.

The Agency acts only as an intermediary during the tour between the tour operator and the Customer, as a result of which the Agency does not assume any liability for any actions or omissions of the tour operator, or any third party contractors for the said services on behalf of the tour operator. The Agency assumes no liability for any defects of the tour because all tour elements are under the sole control of the tour operator. The liability of the Agency may arise solely from the service provided directly by it.

However, the Agency will assist the Customer in the intervention of resolving the complaint and removing the disputed situation as well as in communication with the tour operator.

During the complaint procedure, the Customer irrevocably waives the rights of mediation by any third party, arbitration, institution, or court, giving information to the media, and the right to file a lawsuit.

If the Customer is not happy with the response to the complaint, any further proceedings will be settled by mutual agreement, before the Centre for Alternative Dispute Resolution of Montenegro, and in case of failure, the dispute will be resolved by a competent court in Montenegro.

Complaints will not be reviewed in the following situations:

If the Customer opts to book a special LAST MINUTE, FIRST MINUTE or SPECIAL offer, the Customer accepts all risks associated with such booking. LAST MINUTE, FIRST MINUTE and SPECIAL Offer reservations may contain uncertainties that cannot be affected by the Agency, and the Customer has accepted such a reservation primarily due to favourable price, and therefore waives the right for refund, the right to object to the Agency, or to file a lawsuit on the basis of compensation for damages.

9. Personal Data Protection

The Customer voluntarily provides all the information necessary to complete the booking. Such information will be used for the aforementioned service, and for further communication. The Agency shall not communicate the personal data of the Customer to third parties, except for the purpose of realization of the requested service.

All data are stored in the Agency's database as a trade secret, in accordance with the Law on Personal Data Protection, and in accordance with the General Data Protection Regulation 2016/679. The Customer agrees to have his/her data used for marketing purposes of the Agency.

10. Final provisions and jurisdiction

The Agency transmits all information about the tour through the website and aims to provide as accurate and up-to-date information as possible that it collects from tour operators. Tour operators are solely responsible for accurate and complete information about their tour capacities, and the Agency cannot be held responsible in case of incorrect, incomplete or false information.

10.1. Protection of Intellectual Property Rights

Any business use of the information or data published on the website www.montenegrotour.me , including any partial or complete reproduction shall constitute an infringement of copyrights, and is prohibited by law as such.

10.2. Termination due to a serious breach of these Terms

In case of breach of this Booking Agreement, the tour operator (after consultation with the Agency) and/or the Agency are authorized to terminate the Agreement. Termination shall take effect immediately, without any notice, and has no right to request from either the tour operator or the Agency a refund of the amount of the paid tour.

10.3. Language

The General Terms and Conditions are made in the Montenegrin language and are translated into English. In case of any linguistic controversy, the original version drafted in Montenegrin will be relevant.

10.4. Note

By confirming the reservation, the customer unconditionally consents to the Terms and Conditions of the Booking Agreement above.

10.5. Limitation and Exclusion of Liability

In the process of booking a tour, the Agency acts in the name and on behalf of the Tour operator. 

Therefore, the Agency shall not be liable for any damages resulting from injury, loss of life, inconvenience, delays, damages to property or other damage caused in connection with the tour service provided, including but not limited to the effects of force majeure, illness, pandemic and epidemic, war crimes, civil unrest, riots, damage caused by the action of animals, strikes or other work activities, any criminal or terrorist activity, overbooking or inadequate provision of the service, food poisoning, mechanical or other failures of aircraft or other means of transport, or the failure of any transport mechanism ensuring the timely arrival or departure and any other events beyond the Agency's control and/or influence.

The Agency shall not be responsible if the tour cannot be used due to decisions of third parties/institutions, which delay or prohibit the Customer’s arrival, or any other events that are beyond the control or influence of the Agency, and accordingly will not be responsible for refunds. The decision to change the date of the tour already arranged in cases where rebooking is not covered by the tour policy, depends on the will of the tour operator with whom the tour was arranged.

10.6. Competent court

The Agency and the Customer shall resolve any disputes arising from the application of these Terms and the provision of tour services by mutual agreement before the Centre for Alternative Dispute Resolution. Otherwise, they agree on the jurisdiction of a competent court in Podgorica. The applicable law is Montenegrin.

These Terms shall enter into force on the date of publication. Any amendment will be made in accordance with these Terms and posted publicly on the website www.MontenegroTour.me

In Podgorica, June 2024.