Based on Article 13 of the Law on Tourism and Hospitality ("Official Gazette of Montenegro No. 2/2018, 4/2018, 13/2018) as well as on the basis of Art. 952-981 of the Law on Obligations ("Official Gazette of the Republic of Montenegro", No. 47/2008 4/2011, 22/2017.) and Special Obligations in Tourism, the executive director of the company "Stamena" d.o.o. Herceg Novi, declares
GENERAL TRAVEL TERMS AND CONDITIONS OF THE TRAVEL AGENCY "PELLEGRINO"
1. REGISTRATION AND PAYMENTS
1.1. Passenger registration is done in the business units of the Tourist Agency - travel organizer - "Pellegrino" from Igalo (hereinafter: the Organizer), or in the business units that appear in the capacity of Agency-intermediary of the Organizer.
The agency-intermediary is obliged to indicate its capacity as an intermediary in its offer, otherwise, by not emphasizing this capacity, it assumes responsibility for the execution of the travel program as an organizer.
1.2. The organizer is obliged to deliver a copy of the Contract to the passenger (hereinafter: the Passenger) before concluding the written travel contract (hereinafter referred to as: the Contract) in order to familiarize them with its content. These General Terms and Conditions of Travel and the Travel Program form an integral part of the Contract, and the signing of which by the Passenger and the Organizer implies that the Passenger is familiarized with them, that he has no objection to them, and that he accepts them.
1.3. The Organizer reserves the right to change the services indicated in the Travel Program before signing the Contract, if he has previously informed the passenger, in written or electronic form, no later than 48 hours before signing the Contract.
1.4. The passenger is obliged to make an advance payment in the amount of 50% of the total price of the arrangement at the time of registration, while the rest of the price specified in the contract must be paid no later than 15 days before the start of the trip.
If the payment of the remaining amount of the price of the arrangement is not made within the specified period, it will be considered that he has canceled the trip.
From the moment of signing the Contract, it becomes legally binding for both contracting parties.
2. RIGHTS AND OBLIGATIONS OF THE TRAVEL AGENCY
2.1 The travel agency in the capacity of travel organizer (hereinafter: Organizer) is obliged to draw up a travel program (hereinafter: Program) in written form (electronic or printed) and to issue a Travel Certificate to the passenger when concluding the contract.
The Organizer is obliged to deliver the program to the passenger directly or electronically, at the same time as concluding the travel contract and issuing the travel certificate. The passenger is obliged to confirm receipt of the travel contract, travel program and travel certificate by signing directly or electronically.
The travel certificate should contain: place and date of issue; designation and address of the Organizer; passenger's name; the place and date of the start and end of the trip; dates of stay; necessary data on transportation; stay as well as other services included in the total price; the minimum number of passengers required; the total price for the set of services stipulated in the contract; the conditions under which the passenger can request termination of the contract as well as other information that is considered useful to be contained in the confirmation.
The existence and validity of the travel arrangement contract are independent of the existence of the travel certificate and its content.
The organizer is responsible for all damages that the other party suffers due to the failure to issue the travel certificate or its inaccuracy.
The travel organizer is obliged to provide the passenger with services that have the content and characteristics stipulated in the contract and certificate, as well as to take care of the rights and interests of the passenger, in accordance with good business practices in this area.
Informations received about the passenger, his luggage and his movements, the organizer can communicate to third parties only with the approval of the passenger or at the request of the competent authority.
2.2. Before concluding the contract, the organizer is obliged to provide the passenger in written or other suitable form (electronic), with basic information about: necessary travel documents and conditions for obtaining visas and the time required to obtain them; conditions for health protection and stay in the travel destination; the time and place of transit stations, traffic connections at the destination; the reserved place of accommodation of passengers in all means of transport; the place, address and phone number of the representative of the travel agency or travel agency - travel organizer, or intermediary, for help in case of difficulties; the possibility of making contact with the child or with the person who is responsible for him in the place where the child resides, in the event that minors travel abroad; and about the guarantee in case of possible interruption of the trip by the passenger or the costs of the assistance provided, including the necessary costs of transporting the passenger (repatriation) in case of an accident or illness.
2.3 The organizer is obliged to offer the passenger health insurance for the duration of his stay abroad, as well as an insurance package against the cancellation of the arrangement.
2.4 The organizer is obliged to pay the passenger adequate compensation in the event of a well-founded written complaint in the event of complete or partial non-fulfillment of the contract, i.e. the services stipulated in the travel program, and if notified in a timely manner within eight days of the end of the trip.
In the event of an unfounded and untimely complaint, the Organizer will notify the passenger in writing of the rejection of the complaint as soon as possible.
The organizer reserves the right to reject those complaints whose cause could have been removed during the trip itself / on the spot, and which were not removed due to the fault of the passenger or refusal to cooperate.
2.5 A travel agency in the capacity of agency-intermediary(hereinafter referred to as Agency-intermediary) and which offers for sale, i.e. sells a tourist package arrangement of the Organizer, is obliged to indicate in the travel program and travel certificate the capacity in which he acts, the number of the travel organizer's license, QR code and to deliver the travel program directly or electronically to the passenger, simultaneously with the issuance of the travel certificate.
The agency-intermediary can offer for sale, or sell, only the package arrangements of the Organizer, with which it has concluded a contract on mediation.
The intermediary agency is obliged to prepare the travel/excursion program in written form (electronic or printed).
The program specified in this item is to be delivered to the passenger directly or electronically by the Intermediary Agency, simultaneously with the conclusion of the travel/excursion contract and the issuance of the travel/excursion certificate.
The passenger is obliged to confirm receipt of the travel/excursion contract, travel/excursion program and travel/excursion certificate by signing directly or electronically.
3. RIGHTS AND OBLIGATIONS OF PASSENGERS
3.1 The passenger has the duty to familiarize himself with the travel program, general travel terms and conditions and insurance conditions offered to him, and in connection with which he confirms his consent by accepting a special clause in the application that reads "I am familiar with the program and general travel terms and conditions, and I fully accept them. I am offered travel insurance, which I confirm with my signature." The passenger does this when concluding the contract, either in his own name or on behalf of the user of the services for whose needs he is signing the contract.
3.2 The passenger is obliged to pay the Organizer the agreed price for the trip at the time and in the manner stipulated in the Travel Program.
At the request of the Organizer, the passenger is obliged to submit all the information needed for organizing the trip in a timely manner, especially those related to obtaining transport tickets, booking accommodation, as well as the documents required for crossing the border.
3.3 The passenger is obliged to ensure that he personally, his personal documents and luggage meet the requirements stipulated by border, customs, sanitary, monetary and other administrative regulations.
The passenger can designate another person to use the contracted services instead of him, provided that this person meets the necessary requirements for the specific trip and that the passenger compensates the travel organizer for the actual costs caused by the replacement of the passenger.
3.4 The passenger is responsible for the damage caused to the Organizer by not fulfilling the obligations that arise for him from the contract and the provisions of the law on obligations.
The passenger is obliged to inform himself on the website of the Ministry of Foreign Affairs of Montenegro or on other relevant websites about the countries recognized as countries of the so-called high or moderate risk.
4. PRICE AND CONTENT OF THE TRAVEL PROGRAM
4.1. The Organizer's prices are expressed in the effective currency - euros.
The organizer forms the prices in accordance with its business policy and no objection or complaint can be raised against them.
The organizer can provide that payment for services performed abroad and outside the Program is made on the spot - directly, to the foreign partner.
4.2. The price of a tourist trip includes the following services: transportation, tourist guide/companion, accommodation, food or travel preparation and organization, for which services an unique price has been established in the Program.
Exceptionally and if specified by the Program, the tourist trip may also include airport taxes and the costs of a local guide.
4.3. If the Program of the mentioned trip does not specify otherwise, the price of the arrangement does not include: airport or other taxes, the cost of obtaining and issuing visas, entrance fees to facilities and events, optional excursions, as well as passenger and luggage insurance.
The package price also does not include: animator services, use of room service and in-room bar, air conditioning, umbrellas, medical and recreational services, telephone services.
The passenger pays additionally for all special services such as single room, extra meal, etc. and he is obliged to order them when registering for the trip.
4.4. The passenger is obliged to make a separate written agreement with the Organizer for all services that are not listed in the Program.
The Organizer cannot be held responsible or reimbursed for the services performed and charged to the Passenger by the foreign partner or service provider, which were not stipulated in the Travel Program or previously agreed upon in writing with the Organizer.
The Organizer assumes responsibility only for the services listed in the Travel Program and in his advertising materials that he has made available to potential users either through his brochures or on his official website.
5. PRICE CHANGE AND THE PASSENGER'S RIGHT TO CANCELLATION
5.1. The organizer can request an increase in the agreed price only if after the conclusion of the contract there have been changes in the currency exchange rate or changes in the carrier's tariffs, which affect the price of the trip.
If the changes caused a reduction in the price of the trip, the Organizer is obliged to return the difference in price to the Passenger.
5.2. The right to increase the agreed price can be performed by the Organizer only under the condition that it is stipulated in the travel certificate.
The agreed price cannot be increased twenty days before the start of the trip.
If the increase in the agreed price exceeds ten percent, the Passenger may terminate the contract without the obligation to compensate for the damage, but no later than within 48 hours from the delivery of the written notice of the price increase. In that case, the Passenger has the right to return what he paid to the Organizer.
If the Passenger does not notify the Organizer in writing within the specified period that he has withdrawn from the contract due to a price increase, he will be deemed to have agreed with the Organizer's new price.
5.3 If the services from the travel arrangement contract are incompletely or poorly performed, the passenger may request a proportional reduction of the price, provided that he has lodged a complaint to the travel Organizer within eight days of the end of the trip.
The request for a price reduction does not affect the passenger's right to claim compensation.
6. CATEGORIZATION AND DESCRIPTION OF SERVICES
6.1. The accommodation facilities, means of transport, as well as services related to the arrangement mentioned in the program, are described in accordance with the official categorization of the domicile country that was valid at the time of publication of the travel program.
Data related to food services, service quality and comfort are determined by local-national regulations and as such are beyond the control/influence of the organizers.
The regulations that determine the standards of accommodation and services are different and depend on the destinations, so as such they are not comparable.
6.2. The services listed by the Organizer in the Program correspond to the average quality standards, specific for certain destinations, and on that basis there is no reason to complain to the Organizer in this sense, unless the Passenger has additionally contracted special services with the Organizer.
7. ACCOMMODATION, FOOD AND TRANSPORTATION
7.1. In the event that the Passenger has not expressly agreed with the Organizer on accommodation of certain characteristics, he will accept each officially registered accommodation unit of the accommodation facility listed in the Program.
The organizer can replace the accommodation provided by the Program with accommodation in another facility of the same or higher category, without the consent of the passenger, and at his own expense. If the contracted accommodation is replaced by accommodation of a lower category, the Organizer can do so with the consent of the Passenger, whereby the Passenger has the right to a refund of the difference in the price of the accommodation in proportion to the accommodation category.
7.2. The Passenger will comply with the rules in the accommodation facility regarding the deposit of money, valuables and things of value. The organizer is not responsible for valuable items that the Passenger has taken with him, but which he has not properly handed over for safekeeping in the accommodation facility's safe.
7.3. The Passenger will also comply with the rules of conduct prescribed in the accommodation units, which relate to respect of the house rules and policies, the intake of food and drinks, the number of people in the room, the impossibility of accommodation in the room before a certain time, the obligation to leave the room by the specified time, and other internal rules of accommodation facilities.
Unless otherwise agreed by the Program, the accommodation of passengers in the facility is scheduled after 4:00 p.m. on the day the accommodation service begins, and the check out is no later than 9:00 a.m. on the day the service ends.
7.4. The quality and variety of food and service is determined primarily by the price of the arrangement, as well as by the category of the facility, but also by local customs.
In the case of accommodation with ALL INCLUSIVE or ALL INCLUSIVE LIGHT service, the Organizer is obliged to provide the Passenger with a specification of ALL INCLUSIVE services upon request.
7.5. The service of transfer and transportation of passengers implies means of standard quality according to the valid regulations of the country in which the service is provided.
Bus transfers and transportation are carried out by standard tourist buses that correspond to the standards and criteria of the country in which the engaged carrier is registered to perform its activities.
7.6. The passenger is obliged to behave in an exemplary manner in the vehicle.
The organizer has the right not to accept passengers who are under the influence of alcohol, narcotic drugs and inappropriate behavior, and to remove them in the presence of the police. In that case, responsibility for further transportation to the destination is not the responsibility of the Organizer.
The consumption of tobacco, narcotic drugs and alcohol is expressly prohibited in vehicles.
It is expressly forbidden for the passenger to disturb drivers, guides, passengers during transportation, otherwise the Organizer will immediately remove him from the vehicle.
7.7. The route, breaks and their duration are determined by the guide/driver.
The driver/guide reserves the right, due to unforeseen circumstances, to change the itinerary, driving schedule, or order of visits to the mentioned locations.
7.8. The passenger is obliged to accept any offered seat on the bus.
The passenger is obliged to transfer his luggage from the bus to the accommodation facility.
7.9. The organization will not bear responsibility in the event of the disappearance of Passengers' belongings left on the bus, as well as damage or loss of luggage in the event that their transportation from the bus to the accommodation facility was organized by the hotel.
The Organizer will not bear the obligation to compensate the damage caused by the Passenger in the means of transport or in the accommodation facilities. In this case, the Passenger is obliged to compensate it on the spot.
8. TRAVEL DOCUMENTS AND HEALTH REGULATIONS
8.1. The conditions published by the Organizer in the Program refer to passengers who have the citizenship and travel documents of Montenegro.
8.2. When it comes to passengers who are citizens of other countries, the organizer is not obliged to inform them of the conditions of the destination country or the country of transit, which refer to visa, customs or transit conditions. Informing and taking the necessary actions to fulfill these conditions is the sole responsibility of these passengers. The organizer is not responsible for the above.
8.3. In the case of traveling abroad, the Passenger's travel document must be valid and have a validity period of at least 6 months from the date of travel.
8.4. The Organizer is not obliged to bear the costs of issuing a new travel document in case of loss or theft of the Passenger's travel document. The Passenger is solely responsible for the cost of issuing a new travel document as well as other possible costs related to the same.
8.5. If it is stipulated that it is the Organizer's obligation to obtain visas for the Passenger, the Passenger is obliged to submit all necessary data and documents to the Organizer within the deadline. If he does not do so, the Organizer will consider that the Passenger has withdrawn from the trip.
8.6. The Organizer cannot guarantee obtaining a visa and is not responsible if the Passenger's travel document is invalid or if the border authorities do not allow the Passenger's entry, transit or stay.
8.7. In the case of impossibility of realizing the trip from paragraph 8.4 and 8.5, the rules from point 10 of these Terms and Conditions will be applied.
8.8. In the case of a special health condition of the passenger, which includes special diet conditions, accommodation, the existence of allergies, disabilities, etc., the passenger is obliged to emphasize them and contract them separately.
8.9. It is also the exclusive obligation of the Passenger to, in case of necessary prior vaccination or obtaining special documentation, to provide them, in the manner stipulated by the special health regulations of certain countries.
If the Passenger does not fulfill all the stated preconditions from this paragraph, the Organizer is not responsible nor will bear the consequences for the damage that arises from such a circumstance.
9. WITHDRAWAL AND CHANGE OF THE PROGRAM BY THE ORGANIZER
9.1. The travel organizer may withdraw from the contract, in whole or in part, without liability for compensation, if extraordinary circumstances occur before or during the realization of the contract that could not have been foreseen, avoided or eliminated, and which, if they had existed at the time of the conclusion of the contract, represented a justified reason for the travel organizer not to conclude the contract.
9.2. The travel organizer may withdraw from the contract without liability for compensation when the minimum number of passengers, stipulated in the travel certificate, has not been registered, provided that the Passenger is informed of this circumstance within a reasonable period of time, which cannot be less than five days before the date of the journey was about to begin.
The minimum number of registered passengers necessary for the realization of the trip, depending on the type of transport, is:
- for traveling by bus – 30 passengers
- for travel by regular airlines in Europe – 20 passengers
- for travel by intercontinental airlines – 15 passengers
- for travel by specially contracted air-charter lines, trains, hydrofoils - at least 80% capacity occupancy
9.3. In the case of withdrawal from the contract before its realization, the organizer must return in full what he received from the passengers.
If the organizer has withdrawn from the contract during its realization, he has the right to a fair compensation for the realized contracted services, and he is obliged to take all necessary measures to protect the interests of the passengers.
9.4. Changes in the travel program can only be made if they are caused by extraordinary circumstances that the travel organizer could not foresee, avoid or eliminate.
The organizer does not assume responsibility for changes to the Program caused by extraordinary and unforeseeable circumstances.
9.5. The costs incurred as a result of the change in the program are borne by the travel organizer, and the cost reduction goes to the benefit of the passengers.
Exchange of contracted accommodation can be done only by using an object of the same category, or at the organizer's expense, by using an object of a higher category and in the agreed place of accommodation.
If significant changes were made to the travel program without justified reason, the travel organizer must return the entire amount received from the passenger who has withdrawn the trip because of this.
If significant changes in the program were made during the realization of the contract, the passenger shall bear only the actual costs of the services provided in the event of withdrawal.
10. PASSENGER’S WITHDRAWAL FROM THE TRIP
10.1. The passenger may at any time withdraw from the contract, in whole or in part, of which he is obliged to inform the Organizer in writing. The date of receipt of the written cancellation is the basis for the calculation of the compensation that will accrue to the Organizer.
10.2. If the passenger withdraws from the contract before the start of the trip within a reasonable period (timely cancellation) and which is 45 days before the start of the trip, the travel organizer is only entitled to compensation for administrative costs, which do not exceed 5% of the trip price.
10.3. In the case of untimely withdrawal from the contract, the travel organizer may demand compensation from the passenger in a certain percentage of the contracted price, which is determined in proportion to the time remaining until the start of the trip, namely:
- 10% if the trip is canceled from 44 to 30 days before the start
- 20% if the trip is canceled 29 to 20 days before the start
- 40% if the trip is canceled from 19 to 15 days before the start
- 80% if the trip is canceled 14 to 10 days before the start
- 90% if the trip is canceled from 9 to 6 days before the start
- 100% if the trip is canceled from 5 to 0 days before the start or during the trip
10.4. The travel organizer is only entitled to compensation for incurred expenses if the passenger has withdrawn from the contract due to circumstances that he could not avoid or eliminate and which, if they had existed at the time of the conclusion of the contract, would represent a justified reason not to conclude the contract, as well as in the case if the passenger provided a suitable replacement or a replacement was found by the organizer himself.
Circumstances that the passenger could not avoid, eliminate or foresee include: illness or death of the Passenger, his spouse, relatives in the first line of succession, brother, sister, then natural disasters that have been officially declared. The passenger is obliged to submit valid written evidence to the Organizer for all the cases mentioned.
10.5. If in the aforementioned cases of withdrawal of the Passenger or his objective impossibility due to the aforementioned reasons, the Organizer or the Passenger provide a suitable replacement, then the Organizer is obliged to return all the funds paid by the Passenger for the trip, minus actual expenses such as issuing visas or insurance policy.
11. COMPLAINTS
11.1. The passenger is obliged to notify, in writing or other appropriate form, about the non-fulfillment or improper fulfillment of any service from the contract, the person who provided that service, as soon as possible, and the travel organizer within eight days from the end of the trip.
The passenger submits a complaint in the form of a written complaint. Only individual complaints will be considered, while the Organizer will not consider group complaints.
11.2. If the services from the Program are incompletely or irregularly performed, the passenger has the right to request a proportional compensation from the Organizer. The compensation will only apply to the part of the service that has not been performed. In this case, the Organizer is obliged to return the resulting difference to the Passenger within a period that cannot be longer than 15 days.
The amount of compensation will be calculated in proportion to the part that was not performed, that is, partially performed. The amount of the compensation cannot correspond to the price of the entire Program.
From the moment of accepting the price reduction upon complaint and the payment of compensation on this basis, the Passenger has therefore accepted the compensation as an amicable settlement of the dispute, and thereby waived any future claims against the Organizer arising from the aforementioned.
11.3. In the event of an unfounded and untimely complaint, the Agency - Organizer will notify the passenger in writing of the rejection of the complaint as soon as possible.
The Agency - Organizer reserves the right to reject those complaints whose cause could have been eliminated during the trip itself/on the spot, and which were not eliminated due to the fault of the passenger or refusal to cooperate.
If the cause of the complaint could not be eliminated on the spot, the Passenger draws up a written statement about it with the Organizer or the service provider, which is signed by both, in two copies, one of which remains for each party.
In the event that the cause of the complaint is eliminated on the spot, the passenger is obliged to sign a statement about it, which means that if the cause is eliminated and the solution is accepted, the Program is considered to have been fulfilled in its entirety.
12. BAGGAGE
12.1. During bus transportation, the passenger has the right to take 2 pieces of luggage with him. Children under the age of 2 are not entitled to free luggage.
The passenger has the obligation to take care of the personal belongings that he brought into the means of transport. He is also obliged to take care of the given and later collected baggage that he handed over to the carrier, as well as the baggage that he brought into the accommodation facility.
12.2. The organizer is not responsible for lost, damaged or stolen luggage.
The organizer will not bear responsibility in the event of the disappearance of Passengers' belongings forgotten on the bus, as well as damage or loss of luggage in the event that their transportation from the bus to the accommodation facility was organized by the hotel.
12.3. In the case of air transportation, the transportation of luggage up to a certain weight is free of charge, according to the rules determined by the air carrier. Excess baggage is paid by the passenger according to the existing tariffs of the airline.
Special safety rules related to personal luggage are applied at all airports, so prior information about the rules is the responsibility of the Passenger directly with the airline or on their websites.
13. INSURANCE
13.1. The organizer insures passengers for risks related to the organized trip from departure to return to the place of domicile.
The organizer is obliged to offer the passenger health insurance during his stay abroad.
The organizer also recommends the passenger to provide policies for other insurance packages (insurance for the consequences of an accident, luggage insurance, travel cancellation insurance) for traveling abroad and in Montenegro.
13.2. By signing the Contract, the passenger confirms by signing that he has been offered a travel insurance package.
The travel insurance package does not include mandatory health insurance that the passenger pays for with the entry visa application.
A passenger who wants to insure himself for the damage he caused himself would have to have a life insurance contract.
All the mentioned types/premiums of insurance are not part of the price of the trip.
13.3. In accordance with positive legal regulations, the organizer is the holder of an insurance policy, namely:
- from the responsibility of travel agencies - guarantee for the compensation for damages to the passenger no. KAV000341 of the insurance company "LOVEĆEN OSIGURANJE AD PODGORICA".
14. INDIVIDUAL TRIPS - "ON REQUEST" AND INDIVIDUAL SERVICES
14.1. In the case of individual reservations - reservations "on request" the Organizer has the right to charge the reservation costs, for which the Passenger pays a mandatory deposit that cannot be less than 20 euros.
The costs of the reservation are calculated in proportion to the time invested by the Organizer, as well as the actual costs (phone costs, postage, etc.).
If the Passenger accepts the reservation, the deposit will be included in the price of the individual arrangement.
If the Passenger does not accept the confirmed reservation, the Organizer retains the entire amount of the deposit.
If the Organizer does not confirm the reservation, he returns the entire amount of the deposit to the Passenger.
15. OBLIGATION OF CONFIDENTIALITY
15.1. The organizer is obliged to keep the information he receives about the passenger, his luggage and his movements as a business secret and can only communicate these information to third parties with the approval of the passenger or at the request of the competent authority.
16. DISPUTE RESOLUTION AND JURISDICTION
16.1. The local competent court in case of dispute, and related to the implementation of these Terms, is the Basic Court in Herceg Novi.
17. APPLICATION OF GENERAL TRAVEL TERMS AND CONDITIONS
17.1. The Organizer reserves the right to provide the Travel Program or Special Travel terms and conditions with travel conditions that are different from the General Terms and Conditions, and they may be more favorable for the Passenger or, in certain cases, less favorable.
17.2. In cases related to the holding of congresses, sports or similar manifestations, as well as in cases related to special types of tourism (hunting, fishing, student tourism, extreme sports, etc.), the organizer has the right to provide less favorable conditions for the passenger, and related above all for deadlines, the amount of fee in the event of the Passenger canceling the trip, payment deadlines, etc.
These General Terms and Conditions are valid from February 1. 2019., from which date the General terms and conditions of the Pellegrino travel agency from June 18, 2014 will cease to be valid.