Terms and conditions
Terms and conditions:
Please read the following terms and conditions carefully before you book, as these form the basis of your contract with us and our obligations and your commitments are detailed below. Should you have any questions regarding these terms and conditions then please do not hesitate to ask. Your contract is with Adriatic Holidays, a part of Explore Montenegro Ltd, registered under the laws of England, who act as agent for all property owners and other suppliers. When accommodation together with flights are purchased from us we comply fully with the rules and regulations imposed by the Civil Aviation Authority and your holiday will be covered under our ATOL (Air Tour Operator Licence) number 10386 as a flight inclusive holiday. Our terms and conditions also include the overreaching Package Travel and Linked Travel Arrangement Regulations 2018 (PTR 2018).
Your Financial Protection
When you buy an ATOL protected flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative as provided under the definition of the PTR 2018). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
1. BOOKING AND CONFIRMATION
When you make a booking with Adriatic Holidays or Explore Montenegro you must accept on behalf of your party these terms and conditions and by doing so you also guarantee that you have the authority to accept these terms and conditions on behalf of your party. A contract between you and Explore Montenegro Ltd will be made once we have received your 20%-50% deposit, or full payment if your booking is within 84 days of departure, and we have given you written confirmation (please note if your package includes flights with low cost carriers such as Easyjet full payment is made at booking and is not included in the calculation of your 20%-50% deposit). This contract will be governed by English law. We will issue you with a confirmation invoice detailing all the elements of your booking, this is sent via email and will be sent within 4 days of booking, if for any reason this is not received it is your responsibility to advise us and in this case we will send again. It is your responsibility to check this carefully immediately on receipt and notify us of any errors as any changes subsequently made to your booking will be treated as an amendment or cancellation and may be subject to a charge. If you make any special requests, and we do not confirm whether these can be met prior to booking, such requests will not be guaranteed. We will not be able to advise you whether such special requests have been fulfilled before you leave. You should check carefully the booking details and all documentation provided to you (including these booking conditions) and contact us immediately if you think any details we give you are inaccurate. The person who makes or pays for the booking must be at least 18 years old and at least one person over the age of 18 years must be staying in the accommodation. We reserve the right to refuse single sex groups and if a single sex group booking is accepted, an additional security deposit will be required.
Please note all travel documentations, including confirmation, ATOL certificate where applicable, flight vouchers, accommodation vouchers, transfer vouchers and car hire vouchers are sent via e-mail and you will be required to print these off, if you wish us to send this by post we can arrange this at a cost of £25 per booking.
2. BALANCE PAYMENT.
The balance of the price of your holiday must be paid at least eighty four days prior to the departure date. The due date will be clearly stated on your confirmation invoice, if the balance is not paid in time we reserve the right to cancel your holiday, retain your deposit and apply cancellation charges as set out in section 6 below. You may pay for your holiday using a credit card (Visa or Mastercard); by debit cards or bank transfers. Please note we do not accept payment by cheque and we are unable to accept payment by American Express or any other payment medium..
3. PRICES.AND PRICE CHANGES
The price of your holiday elements booked will not be subject to any surcharges after our confirmation invoice has been issued with the exception of conditions outlined in PTR 2018, which includes; increase in transportation costs due to changes in fuel prices or other power sources, changes in taxes or fees on travel services imposed by third parties not involved in the performance of the package, or exchange rates relevant to the package. If you obtain a quote from us for a booking but do not book it at the time, we reserve the right to increase or decrease the price at any time before you book. All prices are quoted in Pounds Sterling (unless otherwise stated). In the circumstances outlined under PTR 2018 for price increases occur, if the changes are over 8% of the original package price, this is considered to be a significant change and trigger the traveller’s right to terminate the contract without a termination fee.
Please note we operate fluid pricing on all out products, which means that the price may go up or down after you have booked your holiday. In circumstances where the price has gone down after you have booked you will not be entitled to claim any refund of the price difference from the price at confirmation, just as if the price goes up we will not be entitled to claim any price difference from the price at confirmation.
4. ALTERATIONS BY YOU.
If you wish to make any changes to your holiday after it has been confirmed this must be communicated to us as soon as possible and in writing. Charges for changes or cancellations are calculated from the date we receive your request or notification in writing. We will try to assist wherever possible but cannot guarantee that any such changes can be made. If we are able to comply with your requested change an administration fee of £40 per person named on the booking form will be charged together with any increased costs from our suppliers or relevant price changes. Where changes to accommodation or car hire are requested within 84 days of departure then cancellation charges as set out in section 6 may apply subject to PTR 2018 and the amended arrangements may be treated as a new booking. Any request for changes to flight details will be subject to the cancellation and amendment terms as imposed on us by our flight suppliers, this can often be as much as 100%. Cancellation charges for accommodation will not apply for name changes where a new party member is substituted for one who is prevented from travelling. In this case documentary proof of a serious reason (e.g. your own personal illness or injury, the personal illness, injury or death of a close relative, jury service or redundancy) must be provided. You must give us at least 28 days notice in writing and enclose the administration fee of £40 per person in addition to any charges or costs levied by our suppliers (this can be as much as 100% for flight suppliers).
5. ALTERATION BY US.
We reserve the right to change any holiday details, including the price, before you book in which case we will tell you before the holiday contract takes effect. Occasionally a change or cancellation may occur after you have booked, but before you depart. A change may be “major” or “minor”. A “major” change is one which materially affects your confirmed holiday, such as a change of accommodation to a lower standard than you have booked, a change of UK airport (excluding between London airports) or a change of time of departure by more than 12 hours. Any other change is “minor”. If there is a minor change before you depart we will try to let you know (although we are not obliged to do so) but you will not be entitled to cancel or receive compensation. We reserve the right to correct minor or obvious errors in your booking details at any time. If there is a major change before departure we will tell you as soon as practicable. We will then offer you the choice of accepting the change, taking the alternative accommodation (if it is more expensive you will have to pay the difference, but if it is cheaper you will receive the appropriate refund) or cancelling and receiving a full refund. In addition, unless the major change or cancellation is caused by unavoidable and extraordinary circumstances (see below) or occurs before the date the final balance falls due for your holiday, we will pay compensation as detailed below:
More than 60 days nil
30 – 59 days £20 per adult
15 – 29 days £30 per adult
14 days or less – £40 per adult
The meaning of unavoidable and extraordinary circumstances are defined as a situation beyond the control of the party who seeks to rely on such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken. This includes, but is not limited to, war, threat of war, riot or civil disturbance, industrial dispute or threatened industrial dispute, natural or nuclear disaster, adverse weather conditions, fire or flood, terrorist activity or threatened terrorist activity, closure of ports and airports and car hire depots, unforeseen local building works or road works, actions of national or local governments or any similar circumstances beyond our control.
6. CANCELLATION BY YOU.
You, or any member of your party, may cancel your holiday at any time providing that the cancellation is made by the same person who made the booking and is communicated to us in writing by email to [email protected] As this incurs administrative costs, we will retain your deposit and in addition will apply cancellation charges as shown below:
84 days or more loss of deposit
Between 83 –60 days 60%
Between 59 – 31 days 80%
30 days or less – 100%
Travellers also have the right to terminate the package travel contract without paying a cancellation charge if unavoidable and extraordinary circumstances occur at the place of destination or its immediate vicinity which significantly affect the performance of the package or the carriage of passengers to the destination as defined in article 5.
7. CANCELLATION BY US.
We reserve the right in any circumstances to cancel your holiday. However, in no case will we cancel your holiday less than 60 days before the departure date except for reasons of unavoidable and extraordinary circumstances (as defined in article 5), or failure on your part to pay the final balance. In circumstances where we are unable to provide the holiday booked, we will return to you all monies paid, or offer you an alternative holiday of comparable standard and if a cancellation occurs within 60 days of departure, compensation will be paid on a similar scale to that shown in Clause 5 above.
You must have adequate insurance cover before you travel and you should be able to if requested provide us with the details of your policy before travelling. It is your responsibility to ensure any policy meets your needs, including the cost of cancellation by you and assistance overseas if you suffer accident or illness.
9. FLIGHTS AND FLIGHT TIMES.
Any flight bookings that we make for you are with reputable suppliers, whose booking conditions we accept on your behalf. These terms and conditions may be different from ours. Flight times on your confirmation invoice cannot be guaranteed and where changes are made these will be notified to you in writing wherever possible. Actual times will be shown on your flight voucher or e-ticket and must be adhered to as failure to do so may result in missed flights, in which case we are not responsible for any additional costs that you may incur in making alternative arrangements. By booking flights with us you accept the flight operator conditions of carriage, many of whom limit their liability under international agreements. Please note for the avoidance of all doubt, if you wish to make a claim against your carrier for flight delay under European law EU Regulation 261/2004, this must be made directly with your flight carrier.
10. PASSPORTS, VISAS AND HEALTH REQUIREMENTS.
UK and EU citizens require a valid full passport, visas are not required for travel to Montenegro or Croatia. Clients are required to provide Advanced Passenger Information at least 30 days prior to travel, failure to do so may result it refusal of travel. If you do not have valid documents you will not be able to travel. Montenegrin law requires all passport holders from the United Kingdom have at least three months until expiry at the date of exiting Montenegro. Please ensure you have sufficient validity on your passports. Guests from outside the United Kingdom should check with a local Montenegrin embassy to determine the minimum validity on passports required. The carrier may be subject to a fine if you try to travel without the correct documentation and we reserve the right to recover any such charge from the passenger. For citizens of other countries, up to date information on passport, visa and health requirements should be obtained from the Montenegro Embassy, 18 Callcott Street, London, W8 7SU. Tel: 0207 727 6007 – Fax: 0207 243 9358. We would advise, if you are not a UK or EU citizen you must check visa requirements before booking, as cancellation charges may apply once a booking is confirmed.
11. YOUR ACCOMMODATION AND SAFETY.
You undertake to accept the holiday accommodation allocated to your booking and to take responsibility and exercise reasonable care in respect of your accommodation and its equipment and facilities. It is our aim at Adriatic Holidays/Explore Montenegro that your holiday is safe and trouble free. We are actively working to raise safety standards of accommodation overseas. In return we ask that you be mindful of your own duty of care and give thought to your own and other members of your party’s safety whilst you are away. Local regulations may mean that the layout and services within the accommodation are different from those to which you may be accustomed. Accommodation compliance is always with respect to local regulations not UK or EU- Montenegro is outside of the EU. The accommodation provided must only be used by the person(s) shown on your booking confirmation and subletting, sharing or assignment is prohibited. Children under the age of 18 must not be left unaccompanied in the accommodation at any time. The maximum number of occupants for each accommodation unit detailed in our descriptions should under no circumstances be exceeded, without prior written agreement. Our staff and owners are instructed to refuse admission or evict as necessary client who fail to comply with this condition. Likewise, if in our opinion, you are, or appear to be, behaving in such a way as to cause disturbance or annoyance to third parties, or causing damage to the property, we may terminate your holiday. In this situation we will have no further liability to you and you will be responsible for any extra expense you incur as a result. You will also be responsible for meeting any claims for damage or breakages.
If during your holiday you are a member of your party are in difficulty, we will provide appropriate assistance as outlined in PTR 2018. Such assistance will include, information on aspects such as health services, local authorities and consular assistance, as well as practical help, for instance with regard to distance communications and finding alternative travel arrangements. Please note we will charge a reasonable fee for such assistance if the difficulty is caused intentionally by the traveller or through the traveller’s negligence.
12. CONDITIONS APPLICABLE SPECIFICALLY ON GULET CRUISE
We provide a variety of vessels that operate gulet cruise holidays in the Adriatic, in all cases these boats comply with all local maritime safety standards. Please note that while on the gulet it is important that you listen to and understand the safety briefing you will be given by the Captain or our representative on arrival. Please also be aware that due to weather conditions or other safety reasons the Captain may be forced to vary the route and that this is his prerogative. If any guest is found to be ignoring safety rules, or acting in such a way to cause harm to themselves, other passengers or crew we reserve the right to offload at the nearest port, in this case we bear no responsibility for their onward travel, other than that defined under PTR 2018. The Captain and crew are there to ensure everyone has a safe holiday, please follow any instructions they give you to ensure that you have a safe and enjoyable time.
On our vessels we are only able to provide the following menu options (where applicable), which are standard menu, gluten free menu and vegetarian menu. If you require anything other than the standard menu you must notify us of this at least 14 days prior to arrival. Please note due to the size of the kitchen we are unable to cater to food allergies as we are not able to guarantee contamination or for vegans. If you suffer from a serious food allergy we do not recommend a gulet holiday.
It is important that all passengers booking a gulet holiday have a reasonable level of mobility as in some cases you will be required to walk down to steps to a tender which will take you to shore. If you are in any doubt about your mobility please contact our call centre and our representatives will provide advice.
Drinking water is provided free of charge to all clients at all time. Coffee tea and juices are available with breakfast and drinking water at all meals. However all other drinks must be purchased on-board for consumption in the public communal areas of the gulet. You are however free to bring your own soft drinks on-board, however these must be consumed within your cabin and not in the public communal areas. Alcoholic drinks can be brought on-board but, as per customs law, will be taken by captain and returned to you before disembarkation. We will provide you a price list of drink costs for the gulet in advance of your arrival, please note your drinks bill on gulet must be settled in cash in local currency.
13. ENGLISH LAW AND JURISDICTION.
The contract between us and any matters arising from it will be governed by and construed in accordance with English law and are subject to the jurisdiction of the Courts of England and Wales.
In the unlikely event that you do encounter a problem while on holiday you must immediately notify our local representative to try to resolve this problem at the time. If there is an identified problem at your accommodation we reserve the right to access the property to rectify any problem and allowances must be made by you for any local conditions regarding the reasonable time taken to rectify the problem. A failure to notify us, or allow us or our suppliers to rectify the problem, will reduce or negate any claim for compensation that you may wish to make.
If your complaint cannot be resolved locally you are required to complete a report form with our representative called a Guest Services Report (GSR) or alternatively you can write down brief details and ask our representative to fax our UK head office. Please bear in mind that complaints raised on your return from holiday are rarely resolved satisfactorily and we will not deal with any complaint that has not been reported to our local representatives unless there is a valid reason for not doing so.
All complaints must be made in writing within 28 days of your return from the lead passenger on your booking, to [email protected], with your Adriatic Holidays/Explore Montenegro booking reference and lead passenger name in the subject. We are unable to deal with any complaints received more than 28 days after your return. If you have booked through an agent you may choose to make your complaint through them, in which case our response would be to your agent unless they advise us otherwise.
In all cases where a complaint has been received post stay if this meets the requirements to merit investigation we will get the relevant reports from our suppliers and representatives and respond to your email within 28 days. Upon receipt of a complaint we will send you or your agent an acknowledgement.
15. OUR PROMISE.
We accept responsibility for ensuring the holiday elements that you book with us are supplied as described and the services offered reach a reasonable standard. If any part is not provided as promised, we will pay you appropriate compensation if this has affected the material enjoyment of your holiday but we will not be responsible for your disappointment as a result of unrealistic expectations. We accept responsibility for the acts and/or omissions of our employees, and suppliers save where they lead to death, injury or illness except as provided in Clause 16 below. In respect of the services provided by air carriers, our liability in all cases shall be limited in the manner provided by international conventions and in respect of spoilt holidays our liability will be limited to a maximum of three times the price of your holiday.
We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents together with our suppliers and subcontractors whilst acting within the scope of, or in the course of their employment. We will accordingly pay to our clients such damages as might have been claimed in respect of death, illness or injury caused by negligence as accepted under English Law.
17. PERSONAL INJURY (UNCONNECTED WITH ARRANGEMENTS MADE BY US).
If any client suffers death, illness or injury whilst overseas arising out of any activity which does not form part of the holiday arrangements made through us, we shall, at our discretion offer advice, guidance and assistance to help you in resolving any claim you may have against a third party, provided we are advised of the incident within 90 days of the occurrence. Where legal action is contemplated our authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign any costs recovered or any benefits under an appropriate insurance policy to ourselves. Our costs in respect of the above on behalf of you and your party shall not exceed £5,000 in total.
We are collecting your personal information for the purposes of booking the travel services that you have requested. This information, including any information about any health or medical issues that you tell us about and your passport details will be sent to the suppliers who will be providing your travel services. These suppliers may be based outside of the EU or UK where the protection of personal data may not be as strong as it is in the EU or UK. By giving your consent you agree to us passing on your personal details for the purposes of your booking. If you are making this booking on behalf of other people please confirm that you have the consent of those other people to pass their personal details to us and for us to pass them on to the suppliers who will be providing their travel services.
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Adriatic Holidays/Explore Montenegro will not supply any personal client information to any 3rd party excepting that which is required by a supplier to process your booking.
Bookings are made subject to the terms and conditions of property owners/agents for whom Adriatic Holidays/Explore Montenegro Ltd act as agents.
19. CLIENTS WITH DISABILITY OR MOBILITY ISSUES
The law regarding accommodation for persons with disabilities varies from country to country and we cannot guarantee that all accommodation, transport and amenities will be equipped and suitable for wheelchair users or disabled persons. In general terms Montenegro is not well equipped to provide access for wheelchairs and due to the nature of the landscape and geography it is very hilly and there are lots of steps. We advise contacting our call centre before you book if you have any concerns relating to disability or mobility issues and our representative will be able to provide the best and latest information.
20. DAMAGE INSURANCE CONTRIBUTION
You will find your villa or apartment clean on arrival, we understand that you are on holiday and the property will require cleaning on your departure. We do however ask that you leave the property in good order and reasonably clean with garbage removed on your departure and report any breakages to us prior to departure. When you book your holiday you are required to pay a Damage Insurance Contribution, which is charged at a rate of 2.5% of the cost of your accommodation. Please note that Damage Insurance Contribution covers you for accidental breakages, where damage has been caused due to your negligence or purposefully you will be responsible for covering the costs.