By purchasing a program you are establishing a legal relationship with the travel organizer. By signing a contract – travel registration, you agree that you are familiar with the program and program conditions and fully accept them. All further information on travel conditions is a legal obligation between you and the customer – service users and organizers and the only condition for resolving any disputes arising.
The regulations of these General Conditions form are an integral part of the travel agreement between the travelers and the organizer of the ’’Monte Mare Travel’’ and commit contract sides, so we ask you to get familiar with the contents of the detailed information with special care.
Article 1
APPLICATIONS AND PAYMENT:
The traveler for the travel organized by “Monte Mare Travel” can apply online, by telephone communication with representatives from the agency, at the branch office of the tourist agency “Monte Mare Travel” (hereinafter: the Organizer), or in the agencies with whom ‘’Monte Mare Travel’’ has concluded the Contract on mediation (hereinafter: agent). When the agent in the program (which must be fully identical to the program of the organizer, without any modifications or amendments) and in the confirmation of travel, does not indicate the status of the agent and does not list the organizer’s license number and category, or changes the program, is responsible for the execution of the travel program as an organizer. The application becomes valid when it is confirmed by the organizer, by the obligatory conclusion of the written contract – application for travel (hereinafter referred to as the Agreement), which can be also in electronic form.
By his signature on the Agreement – confirming the travel, the traveler confirms that the General Conditions of Travel and Travel Program, as well as the conditions of insurance, which form an integral part of the Agreement, have been served to him and that he / she has previously been informed of the same (as well as the persons indicated in the Agreement), and agreed to the conclusion of the contract.The organizer is obliged, prior to the conclusion of the Agreement, to notify travelers of any change of data from the Program, in verbal or written form, or on a permanent medium that is easily accessible to the traveler. If the traveler booked a travel through means of distance communication, the organizer is obliged to inform him about the eventual changes, in the manner in which the reservation was made, and the traveler may, within 2 days of receipt of the notification, accept a new offer or inform the organizer that it is not acceptance and reservation is canceled.
Upon registration, the traveler is obliged to pay an advance payment of 40% of the price of the arrangement, and the rest to the full amount of the agreed price is due for payment 15 days before the start of the travel, unless otherwise is specified in the travel program.
If the traveler does not make a payment in full within the time period predicted by the Contract, travel program, or these General Conditions, it is considered that the travel has been canceled, in which case the regulations of paragraph 6 of these conditions apply. The travel contract produces a legal effect not only in relation to the traveler who has formally signed and signed it, but also to other users of the arrangements indicated in the Agreement, so that the advance payments, cancellation and legal consequences of the same, etc, refer to all travelers. This applies in particular to prior knowledge of the Program and General Travel and Insurance Conditions and is deemed to have been delivered and accepted by all travelers in the Agreement.
Article 2
RIGHTS AND OBLIGATIONS OF THE ORGANIZER
The organizer of the travel is obliged to act with the care of a good organizer, both in terms of the services he performs himself and in the choice of the person entrusted with the performance of certain services. Therewith, the tour operator is required:
• To conclude a written travel contract with the traveler;
• Provide the traveler with a written travel program, General Travel Conditions, general conditions of insurance, and to introduce him to the possibility and offer of various types of insurance;• To take care of the rights and interests of travelers in accordance with good business practices in this field;
• In accordance with the applicable legal regulations and professional rules, eliminate the lack of visibility between the contracted and provided services, and if this is not possible, offer the traveler other appropriate services until the end of the tourist travel, without additional costs for the travelers.
• To offer and execute the traveler a return of a real difference in price on the timely and substantiated written complaint due to complete or partial non-execution of the services covered by the travel program, all in accordance with the law and the General Conditions of the tourist agency “Monte Mare Travel”.
Article 3
SPECIAL RIGHTS AND OBLIGATIONS OF THE ORGANIZER OF TRAVEL
– The organizer has the right to change travel program if changes are caused by extraordinary circumstances that the organizer could not foresee, avoid or eliminate, as well as changes in the program that occurred during the journey after agreement and agreeing to change the program to more than 80% of the group.
– The organizer is obliged to notify the travelers as soon as possible if the travel changes before the beginning of the trip.
– During the travel, changes in the order of stay and tourist program are possible, which do not withdraw money from the participants of the travel.
– The organizer can replace the planned accommodation with accommodation in another object of the same or higher category in the place specified by the travel program.
– The organizer has the right to cancel the travel if he has not reported the minimum number of travelers predicted by the travel program.
– The organizer of cancellation of travel for these reasons is obliged to notify travelers no later than 7 days prior to the scheduled travel and is obliged to return the total sum paid to the traveler within 15 days from the day of the cancellation.
– The same right organizer shall have if, before or during the travel, extraordinary circumstances happen that could not be predicted, avoided or eliminated, and which did not exist at the time of receiving the payment for travel.
– If the travel is interrupted for these reasons, the organizer is entitled to compensation for the real services provided.
– The travel organizer is not responsible for the health problems of the traveler.
– The organizer can increase the price and request an additional fee if there is a change in the currency exchange rate, changes in the tariffs of the carrier, if it affects the price of the travel, the increase of legal, tax and similar obligations that affect the increase of the travel price and unilateral increase in the price of providers of services essential for travel. To increase the published price up to 10% does not require the consent of travelers, and the increase in the price can only be related to a portion of services that have not already been paid by travelers.If the increase in the total contract price exceeds 10%, the traveler may terminate the contract by way of written cancellation without the obligation to compensate the damage, but no later than 48 hours after the submission of the price increase notification, in which case he is entitled to a refund of what he paid to the organizer. If the traveler does not inform the organizer within the specified deadline, in writing form, that he gives up contract, it is considered that he agrees with the new price.
At any time, the organizer is authorized, depending on market trends and his own business policy, to reduce the price of the arrangement – which impairment only applies in the future and does not affect the already concluded contracts, so it can not be the basis for any requests to the tour organizer to refund any difference in price. Last-minute travels, or * last minute arrangement * means that the organizer can sell the remaining tourist arrangements at a lower price, as well as a certain number or type of tourist offers at pre-sales – * first minute * travels. We especially emphasize that the organizer has an occasional opportunity to offer some special marked lower price arrangements, where the name of the hotel does not necessarily have to be known at the moment of conclusion of the contract, but the organizer guarantees, in this case, the data contained in the program, such as are the category of the hotel, the place of accommodation, the type of room and services in the hotel.
– The price of the package does not include the costs that the traveler makes during the arrangement (room service, drink from the room bar, non-program meals, damage caused, telephone bills, etc.)
In the event of a complete cancellation of the contract, the organizer shall endeavor to offer an alternative travel program for the same or another destination, which the traveler accepts or rejects in writing form within 24 hours, in which case the contract sides will regulate the mutual relations with the contract. The organizer is released from the fulfillment of the Contract then, if the traveler in the course of a group travel interferes with the implementation of the travel due to gross and misconduct, regardless of the warning. In this case, the traveler is obliged, if guilty, to compensate the organizer for the damage.
Article 4
CHANGE TRAVEL PROGRAM
The travel organizer is entitled to change the travel program, if the same is caused by extraordinary circumstances that the organizer could not foresee, avoid or eliminate, with the costs incurred as a result of the change of program being borne by the organizer. The organizer reserves the right to change the day or hour of the trip, to extend or shorten the duration of the arrangement, as well as the right to change the order in the program, if conditions change (flight schedule, forced landing, vehicle failure, border traffic or traffic, security situation in a particular country , strikes affecting the realization of the program, natural disasters, closing of one of the locality envisaged for sightseeing, visa regime change or any other extraordinary circumstances), without the obligation to pay damages or any other compensation to the traveler. Up to the above mentioned change can occur during the travel and due to specificity in certain destinations in relation to the calendar period (religious holidays and customs, public holidays, etc).
In this case, the organizer is obliged, without delay, to notify travelers of the change, in the way that is most favorable at the moment, with the verbal notification being relevant in special circumstances (if due to lack of time it is not possible to refer in writing form. If the initiated trip for justified reasons is terminated, the organizer is entitled to compensation for really performed services. The replacement of the contracted accommodation can be done only by using objects of the same category or, at the expense of the organizer, using the objects of higher category and in the agreed place of accommodation, so if the change in the program came for the reason and in the manner provided by the law and these General Conditions, by offering another facility within the limits prescribed by law, the organizer fulfilled his obligation, acting in accordance with the law. Accommodation in objects of the lower category can be done only with the accordance of the traveler, with the return of the difference in the price in proportion to the category of the accommodation facility.
Article 5
RIGHTS AND OBLIGATIONS OF TRAVELERS
– It is also the duty of travelers to get acquainted with the travel program in detail and to receive a written or electronic copy of it.
– To confirm, in the application of the travel, that is, the travel contract, with his own signature, that he is familiar with the travel program and accept the program and General travel conditions, on his own behalf and on behalf of the travelers for whose needs a travel payment is made that he confirms in contract conclusion (on his own behalf and on behalf of the travelers for whom he concludes the contract) by accepting the clause in the application “In accordance with the General Conditions of travel”.
The traveler who made the reservation by telephone, and does not want to come to the offices of the agency to sign a travel contract (for some reason is prevented, is from another city or something else), and wants to make an electronic payment, he is obliged to meet himself with the Travel Program and General Travel Terms via the website of the ‘’Monte Mare Travel’’. In this case, the Traveler is obliged to print a Travel Agreement which is on the Agency’s website, complete, sign and forward it to the Agency by e-mail: info@montemaretravel.com.
If the traveler does not send the signed travel contract, the advance payment is considered to be a traveler familiar with the General Conditions and Travel Program of the ‘’Monte Mare Travel’’ and accept them. The traveler is obliged to pay the agreed price of the arrangement under the conditions and in the manner provided by the contract and the travel program. The traveler is obliged to pay the amount in the currencies in the manner and dynamics as predicted by the rules of the agency.
The traveler is obliged, on request of the organizer, to provide all the information and documents necessary for the organization of the travel in due time, and in particular for obtaining visas, transport tickets, accommodation booking, etc. The traveler guarantees that he personally, his documents, luggage meet the conditions determined by the positive regulations of our country, the regulations of the country of destination, as well as the countries through which it passes (border, customs, sanitary, monetary and other regulations). The traveler shall be liable for the damage caused to the organizer of the travel or to third parties, in violation of the aforementioned legal and administrative regulations.
The traveler may designate another person to use the arrangement instead of him (provided that this person meets the requirements specified for a particular travel) in which case the traveler is obliged to reimburse the real expenses caused by the replacement by the travel organizer. The traveler guarantees third party obligations to the organizer in case of a replacement. The traveler is obligated to cooperate in good faith and patiently wait for a time frame 24–48 h to remove the justified complaint (malfunction of the refrigerator, disappearance of electricity or water, badly cleaned apartment, etc).
The traveler does not have the right to request accommodation in a hotel or room before 14:00 on the day of arrival, and is obliged to leave the hotel or room at 10:00 on the day of departure.
The traveler is obliged to respect the house of the facility in which he is located and personally responsible for the possible damage inflicted on the object, the room, the apartment during his stay in the same.Participants of the travel are obliged to notify the competent healthcare institution and to respect all health regulations for traveling to a particular country. In case of illness during the use of the arrangement, the traveler shall bear the costs of treatment.If the traveler has not explicitly arranged accommodation of special features, he will accept any officially registered accommodation in the accommodation facility described in the travel program.Triple rooms are based on a standard double room with extra bed. The four-bed rooms are based on a standard double room with two extra beds. When choosing a destination, and before concluding a contract, the traveler is obliged to inform, at the Ministry of Foreign Affairs of Montenegro or otherwise, about the countries so-called high or moderate risk, as well as all other facts that could, in the specific case, be relevant for the selection and implementation of the journey. We also ask the travelers to familiarize themselves with the applicable regulations, rules, customs and prohibitions at the desired destination prior to choosing a destination, before choosing a destination (a way of dressing, drinking alcoholic beverages, smoking ban…) It is considered that the traveler, when he approaches the contract, is acquainted with relevant circumstances, which, if they existed at the time of the conclusion of the contract, can not have the legal significance of the changed circumstances, in the sense of the applicable civil law regulations. Not later than 24 hours, but not earlier than 48 hours, inform the guide – representative about the exact return time.
Article 6
SPECIAL RIGHTS AND OBLIGATIONS OF THE USER OF TRAVEL
A traveler may appoint another person to use the services provided by the travel program. The requirement is that the person fullfills the specific requirements envisaged for a particular travel and compensates the organizer of the travel for costs caused by substitution. The organizer of the travel, in the event that the departing traveler provides for the appropriate replacement, or if he is replaced by the organizer himself, is obliged to refund the paid amount to the traveler in the total amount, after deducting only the real and made costs. In the event of giving up of one of the travelers – the user of the arrangement, there is an additional charge, for example, for a single room, a double apartment instead of a three-bed room etc, all according to the travel program and the published price list. Change (on request of traveler) of the agreed place and date of travel, accommodation facility, accommodation unit, non-visa issuance or untimely obtaining of visas, is considered to be a giving up the travel, in which case the regulations of point 6 of these conditions are applied.
The traveler, at any time, has the right to cancel the travel, which he is obliged to notify the organizer in writing form.
The date of receipt of a written cancellation is the basis for calculating the fee that belongs to the organizer, expressed as a percentage of the total travel price, as follows:
7% if the travel is canceled 45 days before the start of the travel (timely cancellation)
10% if the travel is canceled from 44 to 30 before the beginning of the travel,
20% if it is canceled 29 to 20 days before the beginning of the travel,
40% if it is canceled 19 to 15 days before the beginning of the travel,
80% if canceled 14 to 10 days before the beginning of the travel,
90% if it is canceled 9 to 6 days before the beginning of the travel,
100% if it is canceled 5 to 0 days before the beginning of the travel or during the travel.
The paid advance payment at the time of check-in and booking of travel by the traveler is retained by the agency in case the registered traveler refuses to travel at the expense of organizational costs. In case of cancellation of the contract, the organizer does not return the paid amount to the traveler for the purpose of insurance and obtaining a visa.
The traveler is obliged to compensate only the real costs or expenses incurred if the cancellation occurred due to circumstances that he could not foresee, eliminate or avoid, which, if they existed at the time of conclusion of the contract, constituted a justified reason not to conclude the contract, situations such as, for example: sudden illnesses of travelers, spouse, child, parent, brother or sister of travelers, death of a traveler, spouse, child, parent, relative of the first hereditary order of the brother or sister of the traveler, terrorist attacks, explosions, infections, epidemics, travel ban, a call for military exercise of travelers and natural disaster officially declared. and the other on the occasion of which a state of emergency has been officially declared, in the administrative area where the destination is located, at the time predicted for travel, for a longer period, can be regarded as justified reasons for the cancellation in the sense of the above-mentioned regulation.On the occurrence of the above circumstances, the traveler must provide valid evidence (a death certificate, a certificate that exercises health insurance rights in the case of temporary work-related disability, a discharge list of a health institution, etc.) and only under that condition may request a refund of the paid funds, real costs of the organizers. In this case, the traveler is obliged to submit within 5 days to the organizer a written confirmation of the cause of the cancellation, issued by the competent authorities. If the person who gave up the travel provides the appropriate replacement or replacement the organizer finds, that person is obliged to pay only the costs incurred to the organizer. If the travel participant deliberately interrupts the travel or if it is prevented from continuing due to the committed violation or because of disrespect the programs and instructions of the representative of the agency, and thus does not use the program provided services, the organizer is not obliged to accept the request for money return. The travel participant shall bear all the consequences of the loss (theft or other means of disappearing) of personal travel documents or luggage before or during the journey.The traveler is entitled to a free luggage transport to the weight determined by the carrier. The travel organizer is not responsible for the destroyed, damaged lost luggage, or theft of luggage.The organizer does not bear any responsibility for the inaccuracy of the passport or for the untimely provision of visas, as well as the liability if the diplomatic mission or consular post refuses to issue a visa or if the competent authority of a foreign country does not approve entry into the country. Any eventual costs incurred by the travel participant.
In the case of possible violations of the law and in particular the law of the country in which the traveler stays commited by traveler, all consequences are borne by the traveler personally, and the tour operator is not obliged to secure the return of the same person (perpetrator of the offense) together with the rest of the group, and this also applies offense committed by a group of travelers. In this case, the organizer also has no material obligation towards the mentioned traveler or group of travelers.
The travel organizer RECOMMENDS to users of their services to insure themselves and their luggage with some of the insurance companies in the territory of Montenegro in order to protect them from unforeseen circumstances.
Minors may become users of the arrangement only with the escort of the parents or with the written accordance of both parents certified in the court.
Article 7
PRICE, CONTENT AND DURATION OF ARRANGEMENT
Prices for all travels are per person based on hotel accommodation in double rooms, unless otherwise specified in the travel program.
The prices are formed on the basis of the business policy of the organizer and can not be the subject of complaints – reclamations.
The prices are published in the travel program, and are valid from the date of publication of the program, and are shown in euro. For the day of payment, it is valid the date when the traveler made a payment in the offices of “Monte Mare Travel”, in the offices of authorized agent, or the day when the funds were entered into the current account of the organizer with a commercial bank. The organizer may foresee that services exclusively used abroad (optional excursions, tickets at sites, etc.) are paid by the traveler directly to a foreign agency – to a third party, abroad. The prices are determined on the basis of a contract with our foreign partners and MUST NOT correspond to the prices posted on the spot – the destination where the traveler resides, and any difference in price, can not be the subject of a complaint. The traveler is obliged to pay the price as agreed, and any complaints and objections to the quality of provided services can not affect the agreed obligation of travelers, but in this case the regulations of the paragraph 12 of these General terms apply. The travel includes a combination of at least two of the following services: transport service, tourist guide – escort, accommodation, food and preparation and travel arrangements, for which services the travel price is defined as a unique price. Travel programs are marked with the number of calendar days. The first day is the day of departure, and the last day marked on the travel program is the day of return.
The price of the arrangement, as a rule, DOES NOT include, if something other is not arranged:
– optional travels,
– airport taxes and other taxes,
– the costs of obtaining and issuing visas,
– tickets for the objects being visited,
– insurance of travelers and luggage, which is contracted separately,
– additional services room service, use of room bar, air conditioning, sports, recreational, medical, telephone services,
– use of easy chairs and parasols, accommodation costs in a single room, room with special characteristics, room with sea view, rooms of “suite” or family, special meals and other types of special non-standard services, etc.
The content of the journey is a whole of services described and offered in the travel program provided by the organizer during the travel, for which he has published a unique travel price. All types of additional services of a specific quality (single room, additional meals, other special conditions, etc.) not provided for by the travel program – which the traveler pays for himself, and for which the traveler is interested, the parties are obliged in writing to arrange a written agreement with the organizer, before start of the travel, if the organizer is able to provide realization of such special services. The agent is not authorized to offer, sell and guarantee special services on behalf of the organizer, which are not predicted by the travel program, except in case of a special written confirmation from the organizer. If a traveler requires a special service during travel, outside the program, he is obliged to pay on the spot to a representative of a foreign agency – a third party, in the currency of the country in which he is located, and the organizer is not responsible for the services provided and collected by a foreign agency abroad, direct service provider, that were not provided for by the travel program, nor covered by a written travel contract.
Optional excursions are selected and paid on the spot during the duration of the travel, either to the tour organizer or group guide. In case of unused services at the hotel, due to going on an optional travel, the traveler has no right to refund money in that part. The duration of the arrangement is determined by the number of calendar days counting from the start of the day to the end of the travel, and not the number of hours between the departure and return times. The time of departure, arrival, as well as the duration of the journey is conditioned by procedures at border crossings, road conditions, permissions of the competent authorities, to which the organizer can not influence, and because of that reasons can not be the object of the traveler’s complaint. In the case of a flight arrangement, the agreed time of the commencement of the journey is the traveler’s meeting at the airport, 2 hours earlier in relation to the first published take-off time by the airline, and in the event of a displacement of the specified time (which may depend on a number of circumstances: technical, weather, flight control license, etc), the organizer of the trip, as there are no impacts on it, is not responsible, but the applicable regulations and auspices in air traffic are applied.
For travel by bus, the agreed time of the beginning of the journey is a meeting of the travelers at the place of departure of the bus on the first day of the voyage, as a rule, 30 minutes before the published departure time. On the basis of the above, the first and the last day are scheduled for a travel (and for some modes of transport the journey can last for several days) and DO NOT imply a certain length of stay in a hotel or place of appointment – but only indicate the start and end date of the travel, and eventual objection it would not be justified if it was declared because of, for example, the evening, the night or the early morning flight, entering the room in late evening hours, leaving the hotel in the early morning hours, and the similarly.
Article 8
CATEGORIZATION AND DESCRIPTION SERVICES
The offered hotels, apartments, other facilities, as well as means of transport in the programs of “Monte Mare Travel” are described according to the official categorization of the domicile country at the time of publication of the travel program. In the travel program, the categorization of the hotel is indicated on the day of the conclusion of the contract between the tour operator and the foreign partner, and any subsequent changes and deviations from the officially determined category of the hotel, for which the organizer did not know, can not be affected. The food, comfort and quality of other services are determined by the category and, above all, by the price, and are under the supervision of local tourist administrations, while the standards of accommodation and services are different and not comparable in certain destinations. In particular, we warn of the difference in standards and criteria characteristic of non-European destinations, in relation to the generally accepted European trades, therefore we recommend, in any case, the choice of higher category of hotels. All services listed in the travel program include AVARAGE QUALITY STANDARDS, common and specific for specific destinations and places, and if the parties have not specifically contracted services of different size, quality, and characteristics and purposes, they can not be reasonably expected and required. The descriptions contained in the organizer’s offer refer only to accommodation facilities with associated accompanying contents, and not to a wider environment (for example, surrounding facilities, terrain configuration, eventual noise, traffic, etc.). Some of the listed contents of the program do not have to be in function, especially given the calendar period of stay as well as other parameters (eg outdoor swimming pool in the winter period or indoor pool in the summer …) and all in accordance with the rules of the hotel. Only the descriptions of the services contained in travel programs are relevant, not the description of services in the catalogs – publications or on the websites of direct service providers, for example, hotels and other which are not covered by the given Program.
Obvious mistakes, printing, calculation, etc. can not have a binding character. Tourist guide services, tourist accompanying, local tourist guide and tourist animator or local representative of the organizers predicted by the travel program do not imply their full and continuous presence, but only contact and provision of services according to the predefined terms indicated in the travel program. Also, the representative of the organizer, companion or guide is not authorized to make a decision on the eventual necessity for medical assistance to the traveler, or police intervention, etc. but the decision is made exclusively by the traveler, at its own discretion and necessity, in each particular case.
Article 9
ACCOMMODATIONS IN ROOMS/APARTMENTS
The arrangement of rooms / apartments determines the reception desk in the place of residence. The hotels that are offered can be composed of several of the same or different accommodation facilities and units. If the traveler, with the written accordance of the organizer, has not explicitly agreed a room or apartment of a special position and quality, he will accept any officially registered room / apartment in a particular object described in the catalog and price list, regardless of the specific requirements of the traveler in relation to the position of the building, close to noise, parking, etc. as well as whether the room is located in a central building or some other facility in the accommodation capacity, and the similary. Travelers can decide for a type of service / rental, overnight stay and breakfast, half board, full board, all inclusive, all inclusive superior, all inclusive superior, all inclusive superior, use of air conditioners, etc. only when booking an arrangement. If possible, the tour organizer will try to meet the traveler and meet his additional requirements regarding accommodation (comfort, room orientation, etc), but can not guarantee the fulfillment of additional requests, which have not been agreed in writing. Quality of service, local transport, variety and quantity of food is determined by the official category of the object, the price level, the local customs at a particular destination, regardless of whether it is serviced on the basis of a Swedish table or menu. Services all inclusive, all inclusive light, all inclusive superior, all inclusive ultra superior, etc, they mean services under the internal hotel rules (they are provided from the moment of entering the hotel, to the moment of leaving) and do not have to be identical, within the same category, at the same destination. The hotel’s facilities, given in the description accompanying the travel program, are listed on the basis of official official data.
Triple and quadruple rooms (or apartments) are, even in hotels of higher category, as a rule, based on a standard double room with one or two extra beds, which are, as a rule, wooden or metal constructions, on dismantling, which, in the majority cases can significantly worsen the quality of accommodation. At the request of the traveler, the organizer can (if the hotel has available capacities) provide accommodation in a triple room, but the traveler must keep in mind that the comfort, and therefore the quality of accommodation in these rooms is worse, for which reason subsequent traveler complaints concerning the above (room size, free space, etc.) can not be established. The traveler assumes the obligation to respect the rules of behavior in a particular accommodation facility, which may refer to the intake of food and drinks into rooms, refraining from taking more food from the buffet than the guest needs, banning food delivery from the restaurant, respecting the order, impossibility of accommodation in rooms before a certain time, according to the rules determined by the hoteller, the obligation to leave the room at a certain time, the dress code, and similary. The time of entering the room or apartment and leaving the room does not have to be identical in all facilities and the same is determined by the hotelier (as a rule, if something else is not provided), entering the room at the earliest after 14:00, leaving the room no later than 10:00 on the last day. If two or more persons have booked an accommodation unit, in the event of a change in the number of users within the contracted accommodation unit (the giving up of one of the travelers from the contract), if there is no replacement for the canceled person, the correction structure of the accommodation unit is required, and accordingly the price of the package is valid.
Article 10
TRAVEL DOCUMENTS AND TRANSPORTATION
All terms and conditions published in the travel program apply EXCLUSIVELY TO CITIZENS OF MONTENEGRO and the tour operator is NOT obliged, and NOT authorized to warn travelers – nationals of other states, of the conditions (visa, for example) that apply to the destination or transit country, but it is the exclusive obligation of traveler, a foreign citizen, to inform the competent consulate about this, and, in accordance with that, to provide the necessary conditions and documents in a timely manner. If the travel can not be realized for the above mentioned reasons, in view of the above mentioned, it is exclusively about the failure of a foreigner – since the PUBLISHED CONDITIONS APPLIES ONLY FOR DOMESTIC CITIZENS. The traveler is obliged to take care of the importance of his travel documents, and in case of doubt he / she performs an appropriate check with the competent authorities. For travel abroad, a traveler must have a valid travel document with a validity period of at least 6 months from the date of the end of the journey. The agency official (travel organizer, or sub agent of the agent, where the payment is made) is not authorized to determine the validity of travel and other documents. The traveler is obliged to submit the necessary data and present documents for the visa of the country to which he travels, within the time schedule provided by the travel program, if the organizer receives it. Otherwise, in the event that he does not deliver the necessary documents within the deadline, he will be deemed to have given up his travel.
The organizer does not guarantee obtaining a visa, nor obtaining a visa within the time limit, as it is not responsible for the accuracy of the visa data, nor for any mistakes made by the embassy or the third party which could affect the validity and lasting of the visa. The mismatch of personal data given to the organizer with data in the traveler passport (name of the traveler, etc.) may result in the issuance of a new airline ticket, with expenses or even declaring a ticket irregular, during the travel, what the consequences will be borne by the traveler himself. The traveler is responsible for his airline ticket from the time he receives from the airport guide or agency officer at the office. There is no possibility of issuing duplicate airplane tickets, nor a boarding pass, and the traveler in full will bear the consequences of losing the same. Airline or special transport tickets are valid only on the date indicated on the document. The inaccuracy of any travel document and the inability to realize a travel due to a traveler’s ban, by border or other competent authorities, entry, transit or further residence in the country, is the circumstance beyond the reach of the organizer of the travel, which please keep in mind. In this case, the organizer shall apply the regulations of item 6. General conditions. The traveler is obliged to take care of his travel documents during the journey, and if he / she loses a travel document or the same is stolen, he is obliged to provide a new one at his own expense, and bear all possible harmful consequences arising therefrom.
Traveler air transport is regulated by international air traffic regulations, as well as by the regulations of airline companies engaged by the travel organizer. Traveling on regular flights (lines) involves the transport of travelers by the economic class. On the movement of the scheduled take-off time by the airline and the delay of the aircraft on one or more regular or charter flights during the realization of the travel, the tour organizer has no effect on the eventual delay caused by any cause that is beyond the sphere of influence of the organizer, as which are safety reasons, flight control permits, weather conditions, technical failures, etc. but the applicable regulations and avenues in air traffic are applied. The traveler is obliged to pay special attention to the passing of the usual procedures at the airports, and to board the aircraft in time, precisely following the instructions and warnings issued by the airline shortly before the flight, because any negligence may result in the traveler missing a flight, not he landed on the plane, missed the exit-gate, or delayed. The foregoing also applies to other modes of transport and transfer.
The price of airport taxes and air tickets is subject to change, and it is prescribed by the air carrier, with the relevant price on the day of the flight, and the refusal of travelers to pay the eventual price difference in relation to the one that was valid at the time of entering into the contract, considers withdrawal of travel, and entails the application of point 6 of these General conditions. Car, van and bus transfers are carried out by standard tourist categories of vehicles according to the regulations and criteria applicable in our country. As a rule, the seats are not numbered, nor the way of changing the seat during travel is determined, unless some other travel program is regulated. Therefore, the organizer, or carrier, is authorized to execute an ad hoc schedule depending on the specific circumstances. Bus delays due to weather conditions, extraordinary occasions in traffic, excessive holding at borders, malfunction and the like are in the nature of things beyond the organizer’s influence, which please keep in mind. The traveler has an obligation to behave in a proper manner in the means of transportation – if the traveler is under the influence of alcohol, drugs or inappropriate behavior, the organizer has the right not to take him for transportation or in the presence of the police away him from the means of transport, and the subsequent transfer to the destination will not be an obligation of the agency, and if the traveler does not come as a result of moving away from the vehicle to the hotel, the regulations of item 6 of the General conditions will apply.
Smoking, consumption of narcotic drugs, alcohol is prohibited in means of transport. The traveler must not disturb his behavior by official staff in the bus, drivers and guides, otherwise he will be immediately removed from the vehicle. The travel guide, the breaks, the place and the length of their duration is determined by the guide – the driver. The driver-guide is entitled to change the timetable, route itinerary, or the order of sightseeing due to the inevitable circumstances. The traveler is obliged to accept every offered place in the means of transport. Transfer of luggage from the parking place to the accommodation unit is the obligation of the travelers (the transport will be as close as possible to the accommodation). If the transport of luggage from the parking to the hotel is organized by the hotel, the organizer is not responsible for the disappearance or damage to the luggage. For forgotten things in vehicles, the agency does not respond, but will take all the necessary measures, within its capabilities, to find it. It is the duty of the traveler to visually mark his luggage with personal information and not leave his personal belongings and values in the vehicle (the agency is not responsible for their disappearance). The Agency has the right to hire all types of tourist vehicles that fulfill the conditions stipulated by the regulations on the comfort of a vehicle (car, van, mini bus, bus or double decker) without prior notice to traveler of the type of vehicle. While driving in buses, they are not used toilets, unless they are approved. The traveler is obliged to compensate all damage caused in the means of transport and the accommodation facility, on the spot. The transport of travelers by rail, sea, river or lake means of transport, and the direct responsibility of these carriers is determined in accordance with the regulations governing the said types of traffic.
Article 11
COMPLAINTS – RECLAMATIONS PROCEDURE
The traveler is obliged to declare in the place of residence an complaint for inappropriate service to the representative of the organizer or other authorized person of the direct service provider. The traveler is obliged to cooperate with the representative of the organizer and the immediate service provider in good faith to eliminate the causes of the objection. If a traveler does not accept the offered solution corresponding to the paid service, the organizer will not appreciate the subsequent traveler complaint.
Aricle 12
TRAVELER COMPLIANCE AND RECLAMATION OF THE TRAVELER AND RESOLUTION OF DISPUTES
Each traveler individually (the signatory of the contract in his own name and on behalf of the person from the contract) has the right to complain to the unsuccessful or partially performed service and is obliged to lodge a written, timely, reasoned complaint with the evidences provided, not later than within 8 days from the day of the end of the travel.
For complaints and reclamations, assistance and emergency, the traveler can contact the organizer at tel + 382 68 550 900 or at the address Hercegovačka 97A, Podgorica. It is in your interest to make the complaint within the deadline so that the organizer can consider it in detail, but we point out that the organizer is not in a position to properly consider the group complaints submitted without a proper power of attorney, as well as a group complaint without a factualized objection in relation to each user individually. If the services from the travel program are incomplete, the traveler may request a proportional compensation if he delivers a timely and justified written complaint to the organizer. Each traveler – bearer of the contract, submits complaint individually, since the organizer will not accept the group complaint-reclamation. In the interest of the traveler, due to the timely elimination of possible omissions, he will send his complaint to the authorized representative of the tour operator or another indebted person which must be documented by the authorized representative of the travel organizer or other responsible person, and if the cause of the objection is corrected on the spot, the traveler signs the appropriate confirmation, otherwise, the fact that he continued with the use of the offered services, is considered that with the given decision he is in fully agreed. If the cause of the complaint is not remedied on the spot, the traveler with the representative of the organizer or the service provider shall prepare a written confirmation in two copies that both of them sign.
The traveler holds a copy of this confirmation. A traveler can not demand a proportionate reduction in the price if he fails to act in an arbitrary manner and in a prescribed manner to indicate to the organizer the deviation between the contracted and provided services. The traveler is obliged to cooperate in good faith and wait patiently for a time frame 24-48 hours to eliminate the justified objection (fault of the refrigerator, disappearance of electricity or water, poorly cleaned apartment, etc). If the failure of the service or the incomplete performance of the services has been caused by the fault of the organizer of the travel, the traveler has the right to lower the price in the amount of the real difference between the contracted and actually performed services.
The organizer is obliged to respond to the received written, regular and timely reclamation within 15 days from the date of receipt of the same, or within the same deadline, to recover the funds in the name of the price reduction, in case the complaint is justified. The organizer will only deal with those complaints that could not have been resolved during the travel. If the traveler accepts the organizer’s proposal, he must sign a confirmation of payment of a fee with a clause that the traveler has no further demands on any basis from the organizer.If the complaint is not neat – to be able to act, the organizer will provide the traveler with a letter-response with an invitation to arrange it within the deadline, under the threat of the consequences of the missing out. In the interest of both contracting sides, for reasons of economy and expediency, the traveler, until receiving a response to the complaint, does not initiate other procedures foreseen by the law, for which every request of the traveler to initiate the procedure before the competent authorities before the expiration of the deadline for resolving the complaint, is considered premature, which also refers to informing the public media about the disputed relationship. The amount of compensation payable on a timely and timely objection is proportional to the degree of undelivered or partly provided services, which means that it can not include and cover used services, nor can the amount of the entire price of the arrangement reach. This excludes the right of the buyer to compensate for the ideal damage.
If the traveler accepts the payment of a fee in the name of a proportional price reduction, or any other type of compensation, it is understood that he agrees with the proposal of the organizer for a peaceful settlement of the dispute, and thus waived all further claims against the organizer regarding the disputed relationship on any basis regardless of whether it has signed a written confirmation of the refund with a clause on the final resolution of mutual disputes. It shall be deemed that the return of the difference in the price of the traveler has been executed and an agreement has been reached with the traveler in accordance with the law and these General conditions, when the organizer offered a real difference in the price for inadequately provided services, in accordance with the price list of the direct service provider, the conclusion of the travel contract, and other available evidence, and that the organizer acted in accordance with the positive regulations. If the eventual damage is to be compensated by the service provider, the organizer will decide whether the payment will be made by him, and the service provider will make a refund or he will advise the traveler to make compensation for the damage done by the service provider who caused the damage. The Court of General jurisdiction is competent for all disputes arising in connection with damages on this basis.
Article 13
LUGGAGE
Transportation of luggage to a certain weight determined by the carrier is free of charge. The traveler’s surplus luggage is payable at the carrier’s valid prices. It is recommended that gold, valuable items, technical instruments and medications be worn exclusively in hand luggage. Transport of luggage by air means the allowed weight of luggage up to 20 kg per person. Each excess weight is charged per kilogram depending on the applicable rules of the airline’s airline company. With a road transport vehicle, the traveler can carry 1 piece of luggage per person of normal size, weighing up to 25 kg. The traveler is obliged to take care of his belongings, enter into the cabin of the means of transport, as well as to give or take over the luggage handed over to the carrier, as well as the luggage by entering it into the accommodation facility, in which case the traveler is obliged to continuously have his luggage checked, from the moment of entering until the moment leaving the hotel, especially in halls and common areas. The organizer can not be held liable for lost, damaged or stolen luggage during the travel, as well as the one who arrived late or after the travel.
The traveler realizes all his rights on the above basis directly from the carrier, the provider of the accommodation service, or the insurer, and others, according to the applicable international and national special regulations valid in this area and with the applicable urgency.
Article 14
CUSTOMS AND EXCHANGE REGULATIONS
The traveler is obliged to strictly respect customs and foreign exchange regulations, both Montenegro and the regulations and laws of the countries through which he stays and in which he resides – and in the event of the inability to continue the travel for violation of the said regulations, all the consequences and costs are borne by the traveler himself. The traveler is obliged to provide from the border authorities the appropriate confirmation of all of his values and valuables carried with him, and he is obliged to deposit it in the safe or at the reception of the accommodation facility.
Article 15
HEALTH REGULATIONS
The traveler is obliged, already during the conclusion of the contract, the choice of destination, mode of transport, etc, to take care of his health and health conditions of children and persons traveling with him (chronic diseases, allergies, age, disability, psychiatric illnesses and others, and consequently the necessity of specific nutrition, accommodation, special services and treatments) and in writing arrange special services, related thereto, and otherwise, the travel organizer does not assume any special obligations, nor can be held liable for damages on that basis, nor any complaints regarding this may be established. The travel organizer can not be held liable in the event of stopping the travel, denying the traveler’s stay, or other deviations from the program, and the impossibility of realizing it, by the competent authorities, due to the implementation of protection measures against the spread of infectious diseases, and similar travel to some countries, where specific rules apply which include compulsory vaccination or the provision of certain documents, imply the obligation of the traveler to perform the necessary vaccinations and provide appropriate confirmation of it. We recommend paying a travel insurance card. Special warning is that by selecting non-European destinations (especially African and Asian) the traveler assumes the risk of occurrence of health complications and consequences, which may arise from the reaction of the organism to a different composition of water, food, air, etc. If your arrangement includes insurance (which must be explicitly stated in the travel program), Insurance Terms apply to insurance, and it is necessary to get acquainted with them in details, because it contains the level of services and instructions that you, as an insurance user, have to follow exercising their rights.
Aricle 16
PROTECTION OF PERSONAL TRAVELER-S DATA
Personal data of travelers represent the business secret of the organizer. The traveler agrees that the organizer can use the personal data for the realization of the agreed travel program, whereby the address, place and time, the travel price and the name of the traveler can not be communicated, except upon the approval of the traveler himself or at the request of the competent authorities, in accordance with the law envisaged with special regulations.
Article 17
INSURANCE
The organizer is obliged to inform travelers about the possibility of securing health insurance card during their stay abroad, as well as the package of travel insurance (baggage insurance, accident insurance, travel cancellation insurance, etc.) for traveling abroad and Montenegro. It is recommended that the traveler provide the insurance cards for the specified travel insurance package. By signing a contract, the traveler confirms that he has been offered a travel insurance package. The travel insurance package does not cover compulsory health insurance that the traveler pays separately with the application for the issuance of an entry visa.
INFORMATION:
Verbal information and any other type of information that are different from those contained in the agreed written travel program are not binding on the tour organizer.
INDIVIDUAL TRAVEL ‘’ON INQUIRY’’ AND INDIVIDUAL SERVICES:
In case of individual “reservation on request”, the organizer charges the reservation costs in accordance with the time of engagement, both postal and other costs (telephone, fax, e-mail, etc).The traveler takes the deposit of the reservation cost (on request) which can not be less than 15 EUR. If the reservation is accepted by the traveler, the deposit will be included in the price of the package.If reservation is not confirmed by the organizer, the deposit is returned to the traveler in full. If the traveler does not accept the offered and confirmed reservation, the amount of the deposit is retained by the organizer in full for covering the cost of the reservation. The organizer is not liable for defects, material and physical damages in individual tourist services, at the request of travelers, for which he is only an intermediary between travelers and direct service providers (eg individual accommodation, transport, tickets for sports events, excursions, rentals car, etc).
DISCOUNTS FOR CHILDREN
Conditions relating to the discount for children, as well as other benefits specified in the travel program are determined by hotel operators and other direct service providers and should be interpreted restrictively (eg for children under two years of age, it is relevant to the calendar the date when the child reaches the age of two years and nothing beyond that during the period of the journey).
WARNING
*We recommend that you exchange money in authorized exchange offices to avoid any possible risks.
* We especially ask travelers to take care of their money, values and valuable things carefully, as the tour operator does not bear responsibility for losing or stealing them, and we recommend that you provide your valuables in a safe, in accordance with the rules and conditions of the hotel in which you are located.
* In case of any incidental situation, which belongs to the domain of misdemeanor or criminal liability (theft, beatings, traffic accidents, etc), the competent authorities of the domicile country are responsible, and if such situations occur, you must send the application without delay. The travel organizer (our representative) is only authorized to assist you in mediating between you and the authorities, only during the duration of the arrangement.* Please, compulsorily, two days before the start of the travel, check the departure time.
* If a traveler arbitrarily leaves the group during the journey, the travel organizer’s representative may immediately inform the competent local, border authorities and embassies of the country concerned.
* PLEASE READ CAREFULLY THE TRAVEL PROGRAM AND GENERAL CONDITIONS OF TRAVELING, WHETHER THERE ARE THE COMPOSITION PART OF THE CONTRACT ON TRAVEL, AND REPRESENT OBLIGATION FOR THE CONTRACTING SIDES.
* All issues not regulated by these General Terms apply the regulations of the Law on Tourism, the Law on Obligations, and the Law on Consumer Protection.
* For journeys that have special features (congresses, fairs, school and student excursions and other special trips), the organizer can determine and publish “Special Travel Conditions” that are relevant only to specific travel, and form an integral part of the travel contract.
* In the case of the law provided for in the real jurisdiction of the ordinary court, the parties contract the local jurisdiction of the court according to headquarter of the organizer of the travel.
These, the General Terms and Conditions of the agency “Monte Mare Travel” apply from.
Travel agency “Monte Mare Travel”, Mont Mar d.o.o. – Hercegovačka 97A, 81 000 Podgorica, Montenegro, tel. 00382 68 550 900, Executive Director: Bojan Raketić
E-mail: info@montemaretravel.com, site: www.montemaretravel.com
TRAVELER Monte Mare Travel
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