Our Terms and Conditions
Terms and Conditions
In accordance with the article 29 of the Tourism Law (SLCG 40/11) the executive director of Tour Agency (TA) “Nikena Eco Adventures” from Podgorica states the following:
1. PRE-CONTRACT INFORMATION
By signing the standard contract/confirmation/application for the holiday package (henceforth: Contract) with their signature in the name of all the guests/travellers/passengers (henceforth: Guest) confirm that they have been provided with a copy of these General Terms and Conditions of Travel (Henceforth: Terms and conditions), the document containing the details of the holiday package, previously published and determined (henceforth the program), as well as that all of the partakers in the holiday package are acquainted with both the Programme and the Terms and conditions and they agree and accept them along with the optional possibility of travel insurance.
The Terms and Conditions make a part of the Contract signed by the Guest and TA “Nikena Eco Adventures” in the role of the organiser (Henceforth the Organiser) and binding to both parties, unless defined by a particular contract or the Programme.
Before the signing of the contract, the Organiser may change the description of the services provided in the Offer (for Tailor-Made Adventures) or the Programme as described on the website of the Organizer www.montenegro-eco.com (for Multi day Adventures, Expeditions and Day Explorations). The Guest and the Organiser, both acknowledge that the Guest has been informed and understood all the significant changes within the Offer or the Programme in due time prior to the signing of the contract.
In the event of the existence of differences between the Guest’s application and the Offer of the Organiser, the new Programme is considered the new offer and binds the Organiser in the next 48 hours. In the event of the Guest failing to inform the Organiser about the acceptance of the new Programme, the Contract is considered to be broken.
2. APPLICATION, PAYMENTS AND THE CONTRACT
The application is sent to the Organiser in written form, on paper or by email. The Guest may apply for the package in the seat or the branches of the Organiser, as well as with the contracted subsidiaries (henceforth Sub-agents). Provided that the Sub-agent has not specified their role of the intermediary, the Organiser has no responsibility of fulfilment of the Programme towards the Guest, but the said responsibility falls to the Sub-Agent.
The application of the Guest is considered formal after the signing of the contract and the first or advance payment has been made (according to the invoice). The remaining amount is to be paid at latest 20 days prior to departure for multiday and tailor-made adventures, 30 days prior to departure for expeditions, unless specified differently. Payments for day explorations are to be paid 100% within 7 days from receiving the offer or 7 days before departure (the earliest date). For shorter timeframe, the payment will need to be made in its entirety before departure in cash (€) at our office or with our Adventure Guide.
If the Guest doesn’t make the payment in full in time, it is assumed that they have cancelled the arrangement as per section 12 of the Terms and Conditions. Every payment is counted as payment for all the partakers, and not for an individual Guest.
By signing the contract, the Programme (previously published or altered) becomes the part of the contract and may not be changed, unless both parties agree differently or if the changes were made on the account of a higher power. In the event of the cancellation or alteration of the Contract, the cancelling terms and conditions apply to all the Guests from the contract.
The timely payment is determined by the date given by the Organiser, while an untimely payments or complete failure to pay, the Organiser may request the compensation in accordance with the Section 12 of these Terms and Conditions.
3. THE RIGHTS AND OBLIGATIONS OF THE ORGANISER
-To specify the particular requests of the Guests outside of the Programme, exclusively if the Organiser accepts, and is able to provide them.
-Pay the appropriate difference between the agreed total and the cost of the package in case of the incomplete fulfilment of the either contract or the Programme (henceforth Discount), in the event of the timely and based reclamation/ complaint of the Guest, in accordance with the law and the Terms and Conditions, except when the failure was caused by the Guest themselves, or may be attributed to the third party which was not specified in the contract or the Programme, by the action of a higher power or unforeseen events which were out of the hands of the Organiser, and which result in consequences which could not have been avoided despite the attention and action of the Organisers to prevent them, or by any unspecified event which could not have been predicted by the Organiser.
-In accordance with good business practice in tourism to take care of the rights and interests of the Guests.
-To provide the Guest with the name, address and the number of the telephone of the local representative, or the local partner agency, and if there are none, the name, address and contacts of the Emergency Organiser.
-Is not responsible for the services provided to the Guest by third parties outside of the Programme.
-All non-written information which are not specified or differ from the Programme, the Contract the Special contract or these Terms and Condition are not binding and cannot be ground for complaint, reclamation or refund claim.
– To provide on demand to the Guest the eco-rating of the services providers used in its Programme.
4. THE RIGHTS AND OBLIGATIONS OF THE GUEST
-Get acquainted (themselves as well as all the partakers in the holiday package) with the Contract, the Programme and the Terms and Conditions and point out the special requests which were not covered in the published Programme.
-To secure the optional travel insurance policies, in case they are not provided by the Organiser.
-To pay the agreed amount in full according to the conditions, dates and means specified in the Contract.
– To provide the Organiser with the correct and complete information and documents necessary for the organisation of the Package arrangement, and guarantees that the Guest themselves as well as their documents, luggage etc., comply with the legislation of our, transit and destination country (border, customs, sanitary, monetary, and any other regulation)
-To reimburse the damage caused to the Organiser or the Service providers or third parties by breaking legal and other kind of regulations or these Terms and Conditions.
-To name a person who is to travel in their stead in a timely fashion, and compensate the Organiser for the expenses caused with the said change and that they are responsible for the unpaid portion of the agreed amount.
-To make their complaint immediately and without delay in written form to the Organiser or their representatives, or persons named in the travel documentation.
-To inform themselves with the authorities regarding the risks involved in the visit of the country and the documentation necessary for the entry in the country.
-To confirm no later than 24 hours the departure and arrival times with the authorised representatives.
– To do his/her best to adhere to the Responsible Traveller Code of Conduct provided by the Organiser.
5. PRICES AND CONTENT OF THE SERVICES
The prices are in Euros, and the payment can be made in either EUR or USD. The Client pays in USD-EUR rate that can be found on the Central Bank website on the day of payment. The prices are formed in accordance with the business practice of the Organiser and cannot be subject to the complaints or claims of the Guest.
Services provided abroad (if they were not agreed and paid beforehand), have to be paid by the Guest immediately to the Chosen Service provider
The price from the contract includes a combination of the prepared and previously published services appropriate to the chosen destination, objects and locations: accommodation, catering, transfers, preparation and organisation of the travel which has an agreed upon price paid by the Guest (henceforth Standard Services)
The price from the contract does not include some services or expenses which were not agreed upon (henceforth Special Contract): airport and port charges, optional activities, use of recliners, parasols, visas and visa expenses, tickets for events, excursion insurance policy for the Guests for day explorations and multiday adventures, own trekking/hiking/biking gear, items of a personal nature (laundry etc…), room service, mini bar, A/C, recreational, medical, communication and other services, reservation of an additional seat in the means of transportation, additional meals and beverages etc. (henceforth additional services).
The Sub agent is not allowed to offer Additional services outside of the Programme in the Organiser’s stead.
The conditions regarding the child’s discount, as well as other amenities, mentioned separately in the Programme, are determined by the immediate Service provider and should be considered in a restrictive manner (discount for a child under two is in regard to the departure date and not the date of the signing of the contract) In case of erroneous information, the Organiser has the right to charge an additional amount to make up for the price along with the penalty fee of 30€. The price does not include and the Organiser cannot be responsible for the services provided and charged by the third party service provider which were not included in the Programme or the additional services, as well as the partaking of the Guests in sports and other kinds of events.
6. CHANGE OF PRICING AND GUESTS’ CANCELLATION RIGHTS
The Organiser may demand an increase in price at latest 8 days before the departure date if there has been a significant increase in the market value of the currency used by the Organiser or a significant change in the pricing of the transportation and other cases regulated by the law.
There is no need for the agreement of price increase up to 10 % and it may not be grounds for break of the contract.
If the increase of the total amount is greater than 10%, the Guest has the right to demand the change of Programme so that it would fit the current amount or cancel the contract in written form if they inform the Organiser within 48 hours of being notified about the change in price by the Organiser. If the Guest fails to inform the Organiser within this timeframe, it is assumed they agree to pay the new price, which may be done through the completed payment. Ulterior decrease of price of the Programme cannot be implanted in the contracts which have already been signed and cannot be grounds for complaints or claims towards the Organiser.
7. CATEGORISATION AND DESCRIPTION OF THE SERVICES
All the services listed in the Programme intend the standard service of the quality common for the chosen destination, places or localities. In case the Guests wish services outside of the Programme, a special contract needs to be made. The Organiser is not responsible for the descriptions given in the catalogues, brochures, web sites, or any other publications of the Sub-agents or direct Service providers, unless they were suggested by the Organiser themselves. The Organiser is responsible exclusively for the content of their own Programmes and publications, their web site save for the obvious spelling or coding mistakes which give the Organiser the right to object the contract.
Accommodation facilities and units, means of transportation and other services described in the Programme according to the official categorisation of the domicile country at the time of the publication of the Programme, which are different and not comparable to the different destinations, and sometimes within the same destination. The Catering, comfort, quality of service depend mainly from the price of the arrangement, selected destination, categorisation defined according to the local rules and are outside of the jurisdiction of the Organiser.
Date of departure and arrival are determined by the Programme and do not intend the day-long stay of the Guests in the accommodation facility, or the locality. The departure and arrival times, check in and check out times are depends on the procedures as well as the border policies of the countries, conditions of the roads, permissions of local authorities, technical and weather conditions, higher powers which can affect the departure times and is out of the hands of the Organiser, and therefore may not be deemed responsible.
For the Programmes which include flights, the Beginning of the Programme is the time of the meeting in the airport at least two hours before the flight departure time announced firstly in the Programme. In case of changed Schedule the Organiser bears no responsibility, but the national and international regulation covering air transport is applied. As a rule the departure/arrival time with charter transportation is either early in the morning or late in the evening, and if a so-called “cold meal” is provided within or outside of accommodation facility, the contract is deemed fulfilled in its entirety.
The services of the tour guide, tour leader, local tour guide, animator, local representative does not entail their day long and continued presence, but merely a contact and necessary aid to the Guest, in accordance to the terms and conditions agreed upon periodical hours, announced by appropriate means and ways. Instructions and information provided by the authorised representative of the Organiser are binding for the Guest, and failure to abide by them represents infringement of the contract and all of the consequences of such actions fall to the Guest themselves.
Changes or diversions from certain services which are out of the power of the Organiser may be allowed if they do not affect the total concept of the agreed travel. If alternative means of transportation or accommodation are to be provided, the Organiser is to cover the costs of an at least 2nd class train ticket.
In the event when the third party travels in the stead of the person who booked the services, the Organiser is entitled to certain compensation amount necessary to make such change possible. The Guest and the person travelling in their stead are responsible for covering the said costs of the necessary changes. The Organiser will not accept the change if it was not requested in time, if there are particular conditions and requests in regard to the travel or if it does not comply with other legal and jurisprudential regulations.
8. ACCOMMODATION, CATERING AND TRANSPORTATION
8.1. Accommodation – unless specified differently:
-The Guest shall stay in any accommodation unit on the premises of the legally registered accommodation unit described in the Programme regardless of the particularities of the Guest, location and the position of the said facility, the floor, proximity of noise, parking spaces etc.
-The accommodation of the Guest is at earliest 16:00 on the day of the beginning of the use of services, and check out is at latest at 09:00 on the day of the ending of the service, unless specified otherwise by the service provider. The Guest has no right to demand refunds if they voluntarily abandon or cause themselves to be banned from using the accommodation facility, nor the price of the said accommodation or the transportation price.
– Triple and quadruple rooms (room, study, apartment) based on the local categorisation of the domicile country, are as a rule a double with one or two roll/sofa beds which are as a rule made of metal or wood, and can affect the quality of the accommodation.
– The functionality of A/C differs from accommodation facility to accommodation facility and does not entail 24 hour availability.
-The Organiser is not liable for the damages the Guest suffered because of the Guest’s own failure to abide by laws and regulations, customs established by the service providers and the receiving country.
-If two or more people have booked a double, triple or multiple rooms, but fail to provide the third party which would travel in their stead in case of cancellation, the Organiser has the right to charge the full cost of the accommodation to the remaining Guests/ passengers.
-After the beginning of the travel, in case of justified reasons, the agreed upon accommodation may be changed without the consent of the Guest with the accommodation of the accommodation facility of the same or higher category, while the accommodation in the lower category may be carried out with the appropriate refund in accordance with the category demotion.
– The Guests take the responsibility of acquainting themselves with the house rules of the accommodation facility, particularly regarding the safeguarding of money, valuables, carrying of food and beverages to the rooms, respecting the house rules of the accommodation facility and leaving the room at the agreed hour, as well as the number of the room, because the Organiser is not liable for the damages suffered as a consequence of the Guest’s failure to do so.
Unless specified differently:
-The variety, quality of food and service depend mainly on the price of the arrangement, category of the facility, destination and local customs regardless of the catering being self-serve or serve (off the menu).
-The service All Inclusive, All Inc. Light and any other intends services according to the internal rules of the service provider and isn’t necessarily the same quality or the same category even within the same destination.
-Breakfast, unless specified differently in the Programme, intends continental breakfast.
-If the accommodation facility is at 30% or less of its capacity the self-service may be changed to service.
The accommodation facility offers the same class of catering regardless of the age of the Guests or their special needs. In case the Guests reaches a different agreement than what specified in the Contract, the Organiser is not liable for inadequate services.
Unless specified differently
-Transportation and Transfers are carried out in standard touristic means according to the regulation and criteria of the country of the registration of the service provider hired by the Organiser with the implementation of the rules, regulation and principles determined by the service provider. The Guest has to accept the assigned seat in the hired mean of transportation.
-The Organiser has the right to hire any type of transport means which meet the criteria prescribed in the regulation as well as alternative means of transportation if the conditions call for it.
-The Organiser will select a transportation mean by taking into consideration the MEA eco-rating of the service providers and the availability at the time of reservation.-During bus transfers, the toilets are never in use, unless specified differently. The Guest is obligated to cover any damage caused in the means of transportation immediately and at the site.
-The Guest is to behave in an exemplary manner in the transportation and to respect the traffic regulation and the regulation of the transportation, or the Organiser has the right not to allow them aboard the transport or transfer means or to remove them from transportation with the presence of the authorities and the police and the Organiser would not be liable for the cost of the further transportation of the Guest. In the event that the Guest decides to cancel the travel after this, the scale from Section 12 of this Terms and Conditions shall apply.
-The route, breaks and the location of the said breaks are determined by the guide/ driver.Breaks can be requested by the Guest to the guide / driver who will decide whether a stop is possible at a given time. The guide/ driver has the right to change the route, itinerary or the order of visited localities due to unforeseen circumstances, for safety and other justified reasons.
-The erroneous information in the travel documentation may result in the reissue or voiding of a boarding pass for the hired mean of transportation, the cost of which is charged to the Guest. The Guest is responsible for their own boarding pass from the moment of its receipt in the agency/ departure point. The duplicate of the boarding pass are not available and the loss of the pass is entirely the fault of the Guest.
-Airplane and particular transportation tickets are valid only on the designated dates and times.
The transportation of Guests in various means of transportation is the responsibility of the service providers and is carried out in accordance to the regulations of the said transportation and are out of the control of the Organiser.
8.4. Car rental
The Guest accepts the rules (located on the back of the typical Car rental Contract) of Car rental in their entirety.
Unless specified differently in the contract the following rules apply:
The bookings are valid only for the booked category of the vehicle, never for a particular model of the car. The Agencies hold the right to provide the clients with the same or more luxurious vehicle than one booked, which may never represent grounds for refund claim, (i.e. higher fuel consumption). As a rule a safety deposit is made immediately. In case of an accident, damages, burglary, and stealing of the rented vehicle, the deposit is withheld as the participation in costs.
In the following cases the responsibility of the Guest is total: damages caused by not abiding by laws and regulations, inattention, intoxication, damages to the bottom part of the car, oil container and the chassis, costs caused by the parking services, telephone, towing, loss or damage of keys, loss or damage of private belongings in a car accident or if stolen, damage of pneumatics. In case of damage, the Guest is required to notify the authorities and make the official police report about the accident and damages and notify the rental company about it immediately. Neither the rental company, nor the insurance company may cover partial or total cost of the damages if the authorised driver was driving under the influence of alcohol or narcotics. The insurance policy covers the Guest and other authorised driver in accordance with the general terms of insurance and rental. The mandatory insurance policy, as a rule covers only injury and death of persons and the damage to the third party and their property. The following documents are necessary for the acceptance of damages and the return of the safety deposit: police report and damage report, copy of the rental contract, proof of the deposit payment, original keys, and the traffic licence of the vehicle. The airport charges in the event the services began at the airport is charged in the amount of 10% of the total price of the car rental and is included in the total price of the Programme. The charges for delivering the vehicle outside of location or the country are charged separately, if not agreed upfront. The Guest may travel outside of the domicile country with the rented vehicle under particular conditions and with the previous agreement with the company.
The costs of the fuel used during the rental period are charged to the Guest. Additional gear (children seats, chains) may be provided at the request of the Guest with additional costs.
9. TRAVEL DOCUMENTS, HEALTH AND LEGAL REGULATION:
All of the conditions published in the Programme refer exclusively to the Guests with valid travel documents. The Organiser is not liable and is not required to inform the Guests about the required conditions (visas, inoculation etc.) necessary for either the destination or transit countries, but the Guest bear this responsibility themselves (Get valid information from the appropriate authorities)and to get the necessary documentation before the beginning of the travel. The Guest has to have a travel document valid for at least 6 months after the completion of the travel and to provide the Organiser with the correct details in an orderly and timely fashion along with all the documentation for the required visa in case the visa procedures are handled by the Organiser. Neither the representatives nor the Organiser is entitled to determine the validity of the travel documentation. When the Organiser acts as the intermediary in the process of visa issue, they bear no responsibility nor authority in the proceeding nor may they guarantee the issue of these documents, no responsibility for the invalidity or the refusal of border authorities to accept the said document as valid for the entrance, stay or transit in a country to the Guest. If the travel documents are lost or stolen the Guest is required to secure new ones at their own expenses and bear all the consequences of these events. The Guest is required to ensure the Added services required for their health, such as particular dietary requirements, accommodation, etc. because of a chronic illness, allergies, disability etc. and the Organiser is not liable if the Guest fails to do so. The travel to the countries which requires a particular inoculation or the issuing of particular documents, it is Guest’s duty to see to all the necessary conditions and their own health and safety and that damages caused by the failure to do so are the responsibility of the Guest. The Guest is required to abide by border, custom, monetary and other regulation of Montenegro and transitory countries, and that in the event of impossibility to continue the travel the consequences fall exclusively to the Guest.
If the travel fails to be realised due to the failure to meet these regulations, the rules of the section 12 of these Terms and conditions apply automatically.
Luggage transportation to the destination by plane is handled by the transportation provider. The excess luggage fees are responsibility of the Guest in accordance to the rules of the transportation service provider. The transportation of special items is also the responsibility of the Guest themselves. The airports in Podgorica and Tivat have particular safety regulations which are available at the official website and the Guest is required to inform themselves with the authorised source. The damages and the loss of luggage are to be reported immediately to the airport authorities and baggage claim services.
In car transportation the Guest is allowed to take two small pieces or one big luggage. Children under the age of two have right to one small free luggage. The Guest is responsible for the care of their belongings, as well as their checking in and out. Getting the luggage from transportation to accommodation unit is the responsibility of the Guest, and in the event of loss or damage of the luggage the Organiser bears no responsibility.
Except in the event of ill intent or extreme inattention the Organiser has no responsibility for the luggage and other belongings, except in the event where they have explicitly taken such responsibility or was entrusted with their safekeeping. For this reasons it is not recommended for the Guests to take valuable object on their travels, unless they are insured and entrusted for safekeeping in accordance with the regulation and possibilities, or carried on their person at all times.
The Guest has the obligation to mark their own luggage visibly and intelligibly and not leave the luggage, valuables or documents in the parked vehicle because the Organiser may not be held responsible for the said items or their loss. It is recommended to carry documents, precious items, valuables, technical instruments, etc., in hand luggage.
The Guest is obligated to report the loss, damage or disappearance of belongings to the representative or the immediate service provider.
11. CHANGE AND CANCELLATION OF THE CONTRACT ON BEHALF OF THE ORGANISER
11.1. Before the beginning of the travel:
The Organiser shall inform the Guest about every significant change of Programme by means agreed by contract, at latest 5 days prior to departure and the Guest is required to answer at latest 48 hours after being informed to the Organiser in regards to the change. The acceptance may be done through the payment of the total sum of the changed price. In case of acceptance, the Guest is entitled to the reduced price in case the new offer is lower than the previous one, but is required to pay the increased total of the new Offer. If the Guest declines alternative offers, they are entitled to the refund of the entire sum already paid (exclusive of bank fees and reservation costs).
The Organiser is entitled to break the contract in the event of:
-Insufficient number of participants for an expedition, on the condition that they have notified the passenger at least 30 days before departure
-Due to inability to fulfil the obligations of the contract for which neither party is responsible, and which, if present at the time of publication of the Programme would be grounds enough for the Organiser not to sign the contract or publish the said Programme with the obligation to refund the Guest in full within 15 days from cancellation date. Unless differently specified in the Programme, the minimum for expeditions is 7 people, for regular airlines 10, for especially arranged charters at least 80% of capacity of the mean of transportation.
In case of acceptance of the new Programme, the Guest gives up any claim base on the previously signed contract or published Programme.
11.2. During the travel:
The Organiser has the right to change the date and the rime of departure, as well as the route and additional changes of the Programme – on which they are obligated to inform the Guest immediately – if the conditions of the travel change (flight schedule, emergency landing, higher power, etc.) without having to compensate the expenses of the change of Programme, damages or any other claim of the Guest. The Organiser is responsible for all of the expenses of the said change.
The Organiser is freed from fulfilling the contract if the Guest has disrupted the travel by rude and improper behaviour, despite the warning. In such an event the Guest is required to compensate the Organiser for suffered damages.
In the event of extraordinary, unforeseen circumstances that may be regarded as higher power, both parties are allowed to break the contract, where the Organiser has the right to charge the real costs of the travel and is required to pay at least the half of the cost of transportation for the safe repatriation of the Guests. The Organiser has no responsibility if the Guest refuses the means of transportation provided by the Organiser in such an event.
12. CANCELLATION ON BEHALF OF THE PASSENGER
12.1. Before departure:
The Guest is entitled to cancel the travel, but they are required to inform the Organiser in written form by means mentioned in the contract. The date of the written cancellation of the travel is grounds for claims on the behalf of the Organiser which is specified in the tables below:
- For multi day and tailor made adventures, the Organiser is entitled to keep 50% of the advance payment if cancelled up to 151 day before the beginning of the travel.
- For expedition, the Organiser is entitled to keep 50% of the advance payment if cancelled up to 181 day before the beginning of the travel.
- For day explorations, the Organiser is entitled to keep 30% of the advance payment if cancelled up to 181 day before the beginning of the travel.
The changes of the agreed destination, date transportation, accommodation facility documents, failure to make payments are considered cancellation on the behalf of the Guest.
The Guest is required to compensate the Organiser only for the real costs or damages in case when the cancellation was due to the sudden illness or death of the Guest, their spouse, child, parent, sibling, wards, step or foster children, elements or extraordinary circumstances announced by the authorities.
In such events the Guest is required to provide the Organiser with the valid documentation by which such insurance policies are activated, medical reports, medical release form of the local medical authority or the death certificate. Cases which extraordinary events haven’t been officially declared by the authorities may not be grounds for the cancellation of Travel.
Sudden illness intends a state confirmed by a medical specialist, and which was sudden and unforeseen, be it infective, or degenerative which becomes present after the conclusion of the contract, and is not related or a consequence of a prior health condition and is such condition which requires medical care and hospitalisation thus preventing the Guest from starting the travel on the agreed upon date. Unless the Guest provides someone to travel in their stead, the Organiser is obligated to refund the Guest in total, with the possibility of charging only the real costs. In case of cancellation which is covered by an insurance policy, the Guest is to take the issue to the insurance company directly. The administrative costs of visa issues or legal procedures are not to be refunded to the Guest.
From May 1st 2021, cancellation policy described below shall apply:
- Trips concerned:
All bookings (materialized by the traveler payment) confirmed before June, 30th 2021 with a departure date before December, 15th 2021
- Reason of cancellation:
For all cancellation related to the COVID-19 pandemy in the traveler’s country of residence (such as local restrictions of government, restrictions to re-entry to its country of residence).
- Cancellation policy:
- Up to 30 days before departure: no cancellation fees
The traveler will benefit from a refund without cancellation fees(excluding flights) up to 30 days before the departure date with a simple email request
- Between 30 days and departure date: postpone the trip in accordance with the traveler without fees (excluding flights)! Of course, if the traveler refuses to postpone the trip, your usual cancellation policy may apply.
- Refund or propose the postponement shall be made within 30 days of the written request from the traveler to cancel the trip.
12.2. After the beginning of the travel
If because of the cancellation the Guest, by their own fault, doesn’t use some of the agreed services, the Organiser will try to get the appropriate refund from the service provider for the services which were not provided. If the Organiser doesn’t get the refund, the Guest has no right to demand the refund for the unused services. If the services in question are menial ones, the Organiser is freed from the responsibility of refund. If, by the fault of the Organiser, a significant part of the Services agreed upon is not given, the Organiser is obligated to install certain preventive measures in order to ensure the continuation of travel or alternatively, offer a corresponding service to the Guest until the termination of the travel without additional costs, in accordance with the Section 14 of these terms and conditions, keeping the rights of the Guest intact.
13. INSURANCE AND TRAVEL GUARANTEE
The price of the travel does not include insurance. The Organiser advises the signing of the policy which covers travel cancellation, travel responsibility, medical insurance and accidents. If the Organiser and the Sub-agent offer insurance policies, they are merely an intermediary. The insurance is signed exclusively between the Guest and Insurance Company which will handle directly eventual later claims. The terms and conditions of the insurance are to be read carefully before signing. Premiums of the insurance are not a part of the travel costs, and are active upon the signing of the contract about the insurance. By signing the contract the Guest confirms that they are informed and aware of the contents of the insurance package.
The travel insurance does not cover the health insurance, so the Guest is advised to get it in the country of origin, because the border authorities may decide to prevent them from continuing their travel, and if circumstances should ask for it, the Guest should cover such cost themselves.
By signing the contract the Guest confirms that they have received the general terms and conditions of the insurance and guarantees and confirm that they agree with them, completely.
14. ASSISTANCE, COMPLAINTS, LAWSUITS AND LEGAL DISPUTES
The Guest is obligated to place complaints immediately and on site with the local representative of the Organiser, and if they are unavailable to the direct service provider or, in the event that such contacts are not provided, directly to the Organiser, not later than 8 (eight) days from the day of the completion of the travel.
For Assistance, emergencies and other urgent matters, as well as complaints the Guest may contact the Organiser at +38269123076 or +38269123078 from Monday to Friday, between 08:00 and 17:00 UTC+1, or at the email [email protected]. For Emergencies the Guest is to name the number of the contract, destination, accommodation facility, name of passengers, address and phone number at which they can be reached. The Guest is obligated to cooperate and allow for the timeframe of 24-48 hours in which the complaint will be handled and resolved, as well as accept the offered solution appropriate to the service. If the complaint is not handled , the Guest along with the representative of the Organiser or the Service provider is to make an official report in written form in two identical copies, one of which the guest is required to keep.
If the complaint has been handled on site, the Guest is not obligated to sign the report, but in the event they continue using the altered service, it is assumed that the Programme has been fulfilled in its entirety.
The local representatives have no right to any right to compensation, and this right lies exclusively with the Organiser.
The Guest may not request a price reduction, contract annulment or break or refund if they fail to notify the Organiser or their representative in an orderly and timely fashion about their complaint and misgivings of the services provided.
If the issues were not handled on site, the Guest is obligated to inform the Organiser at latest eight days after the completion of the travel, along with the necessary documentation (written complaint, report, bills paid, claims, witnesses and other proofs) and claim refunds amounting to the difference between the Services agreed and those provided. Every Guest mentioned in the contract is to make the complaint and claim for themselves, separately because the Organiser will not consider the Group claims. The said documents are to be delivered in written form exclusively to the address of the Organiser, Njegoševa 9, Podgorica.
The Organiser is obligated to take into consideration only the timely, justified and documented complaints about issues that could not possibly have been handled during the travel and on site.
The Organiser is obligated to answer the Guest in written form at latest 15 days after the complaint has been properly made, and pay the price difference/compensation.
If the complaint is not complete, or in accordance with the regulation, the Organiser is obligated to inform the Guest about this if the complaint is to be taken into consideration.
The Organiser will, in accordance with the good business practice and in due legally prescribed period, reply even to the irregular and untimely complaints.
The amount of the refund may only go as high as the price of the agreed services which were not provided; it may not include services which were not used by own choice, nor may it reach the full amount of the price of the travel. The amount of the compensation is proportional to the service which was not provided, or provided only in part. If the Guest accepts the compensation as a discount, or any other kind of compensation, it is assumed they are complacent with the Organiser’s suggestion for the settlement, and by this the Guest relinquishes any right to a further claim, regardless of the fact of this settlement was backed in written form or not or the confirmation of the final refund with the clause about the final settlement of the issues. The refund and the settlement of these issues will be considered complete in accordance with the law and these Terms and Conditions when the Organiser has offered to the Guest the real price difference between the agreed and the inadequately provided services which was valid on the day when the signing of the contract between the Organiser and the Guest along with other provable evidence which show that the Organiser has acted in accordance with the positive regulations.
The Organiser bears no responsibility for the misgivings or damage to the Guest by the indirect Service Providers, who act within the limits of the regulations, if the Organiser has behaved responsibly while selecting the said Service providers.
Every request on the behalf of the Guest for the inception of a process in the presence of the third parties, prior to the expiry of the prescribed period will be considered premature as well as informing the media, which will be deemed as the infringement of the signed contract.
15. THE TAILOR MADE PROGRAMME AND THE INDIVIDUAL SERVICES
15.1. Tailor made travel
Individual travel (henceforth: Tailor-made) made by the request of the Guest is a combination of two or more services which are not on standard offer by the Organiser, and the Organiser has not published them at an earlier time, but was made specially at the request by the Guest.
By analogy, this Programme abides by the previous sections of these terms and conditions, unless specified differently in this section.
If, at request of the Guest, several services have been requested from the existing offer of the Organiser, the cancellation is accounted for every service separately, and added together afterwards.
15.2. Individual services and Services by request (tailor made)
If the Guest has book a single Service, the Organiser acts merely as an Intermediary for another Service Provider (henceforth: Intermediary). For individual bookings by request, the Guest has to make a deposit which is not smaller than 50 EUR. If the request and the booking are accepted by the Guest, the deposit becomes a part of the total part of the service. If the booking is not confirmed by the Organiser in a timely fashion, the deposit is returned to the Guest. If the Guest does not accept the offered or the already confirmed service, which correspond to the Guest’s request, the Organiser keeps the deposit.
The Organiser is not liable for the losses or damages of the Guest for these particular services in which they act only as an Intermediary. With the individual Services, in the event of the cancellation the following charts are applied, unless specified differently:
a) Hotel accommodation
up to 30 days before the beginning of the travel 10%
29 to 22 days before the beginning of the travel 15%
21 to 8 days before the beginning of the travel 25%
7 days before the beginning of the travel 50%
6 or less days before the beginning of the travel and after the beginning 100% of the price
b) Apartment rental
up to 45 days before the beginning of the travel 20%
44 to 30 days before the beginning of the travel 50%
29 to 16 days before the beginning of the travel 70%
15 or less, days before the beginning of the travel 100%
c) Rental of trailer and motor vehicle
up to 31 days before the beginning of the travel 20%
30. to 22. days before the beginning of the travel 40%
21. to 8. days before the beginning of the travel 60%
7. to 3. days before the beginning of the travel 75%
2. days before the beginning of the travel or in case of no show 100%
5% and no less than 60 EUR do 91 days before the beginning of the travel
15% from 90 to 45 days before the beginning of the travel
30% from 44 to 29 days before the beginning of the travel
50% from 28 to 15 days before the beginning of the travel
80% from 14 to 7 days before the beginning of the travel
95% from 6 to 3. days before the beginning of the travel
100% day of the beginning or in case of no show”
e) Rent-a-Car services:
The Guest accepts the rules (located on the back of the typical Car rental Contract) of Car rental in their entirety.
Unless specified differently in the contract the following rules apply:
The bookings are valid only for the booked category of the vehicle, never for a particular model of the car. The Agencies hold the right to provide the clients with the same or more luxurious vehicle than one booked, which may never represent grounds for refund claim, (i.e. higher fuel consumption). The rental is charged after the renting period is complete.
As a rule a safety deposit is made immediately. In case of an accident, damages, burglary, and stealing of the rented vehicle, the deposit is withheld as the participation in costs.
In the following cases the responsibility of the Guest is total: damages caused by not abiding by laws and regulations, inattention, intoxication, damages to the bottom part of the car, oil container and the chassis, costs caused by the parking services, telephone, towing, loss or damage of keys, loss or damage of private belongings in a car accident or if stolen, damage of pneumatics. In case of damage, the Guest is required to notify the authorities and make the official police report about the accident and damages and notify the rental company about it immediately. Neither the rental company, nor the insurance company may cover partial or total cost of the damages if the authorised driver was driving under the influence of alcohol or narcotics. The insurance policy covers the Guest and other authorised driver in accordance with the general terms of insurance and rental. The mandatory insurance policy, as a rule covers only injury and death of persons and the damage to the third party and their property. The following documents are necessary for the acceptance of damages and the return of the safety deposit: police report and damage report, copy of the rental contract, proof of the deposit payment, original keys, and the traffic licence of the vehicle.
The airport charges in the event the services began at the airport is charged in the amount of 10% of the total price. The charges for delivering the vehicle outside of location or the country are charged separately. The Guest may travel outside of the domicile country with the rented vehicle under particular conditions and with the previous agreement with the company.
The costs of the fuel used during the rental period are charged to the Guest. Additional gear (children seats, chains) may be provided at the request of the Guest with additional costs.
f) other individual services
Booking other services (i.e. event passes) is, in the event of cancellation calculated separately for the amount of the requested service.
When cancelling booked individual transportation, the passes are to be returned in a timely fashion, or they will be charged in full.
In case of apartment rental, the Organiser is not liable for the eventual safety deposit the landlord may request.
16. PROTECTION OF PERSONAL INFORMATION
The personal information of the passenger are given voluntarily and are consider to be a business secret of the Organiser. The Guest agrees that the Organiser may use the said information for the realisation of the Programme, by which they may not share the addresses, destination, time or price of the travel, names of the passengers to third parties, except to the persons which are required to have such information.
17. THE OBLIGATION TO IMPLEMENT THESE RULES
The Organiser may implement different Terms and Conditions by using Special Programmes or Special Terms and Conditions due to the Special Terms and Conditions of the Service Providers or if the Programme has special content (sports events, congresses, international competitions, hunting, fishing, extreme sports, etc.) which make part of such Contracts. The inefficiency of a certain part of the contract does not entail the inefficiency of the entire contract which is also true of these terms and Conditions.
The Guest and the Organisers agree that the legal disputes shall be handled by the Base court in Podgorica, and in the event of further responsibility, the court in charge is determined in regard to the Seat of the Organiser, applying these Terms and Conditions as well as the Laws of the Republic of Montenegro.
This Terms and Conditions of Travel are effective as of 01.04.2015.
Price and Payment
Payments can be made via:
- bank transfer to our bank in the E.U. (no bank fees for inter E.U.)
- via International Money Transfer Services which are much cheaper than direct bank transfers: we recommend TransferWise
- PayPal payment (Credit Card) (+3,5% to 5%)
- bank transfer to our bank in Montenegro (+ international bank transfer fees)
Bank fees are not included in our prices.
A basic Excursion Insurance (mandatory by Montenegrin Law) is included in all our tour prices.
Payment conditions and cancellation policy
1. PAYMENT TERMS
For day explorations:
After acceptation of the offer and signing of the contract, 100% of the total amount needs to be paid within 7 days.
For shorter timeframe, the payment will need to be made before departure in cash (€) at our office or with our Adventure Guide.
After acceptation of the offer and signing of the contract, a 50% deposit must be paid within one week, and the remaining 50% of the total amount 30 days before the beginning of the program.
For bookings under 31 days in advance, 100% of the total amount needs to be paid one week after confirmation or one week before departure (the earliest date).
If the minimum number of participants is not reached 35 days before departure, participants will be asked if they choose to pay the ‘small group’ supplement to ensure the expedition will take place regardless.
For tailor-made and multi-day adventures:
After acceptation of the offer and signing of the contract, a 30% deposit must be paid within one week, and the remaining 70% of the total amount 30 days before the beginning of the program.
For bookings under 30 days in advance, 100% of the total amount needs to be paid one week after confirmation or one week before departure (the earliest date). For shorter timeframe, the payment will need to be made before departure in cash (€) at our office or with our Adventure Guide.
As our prices do not include potential international transfers bank fees, we recommend you to make your international bank transfer in one time. Cancellation policy is described below.
Do not make any payment before you have received the formal confirmation from Nikena Eco Adventures that there are still availabilities for the dates you have requested.
2. CANCELLATION POLICY:
The Guest is entitled to cancel the travel, for which they are required to inform Nikena Eco Adventures in written form by means mentioned in the contract. Unless specified differently in the Program, you will be refunded as follows:
For day explorations:
The cancellation may occur at latest 8 days prior to the departure in which case terms of cancellation apply.
The cancellation may occur at latest 31 days prior to the departure without activating the terms of cancellation (initial 50% and bank costs excluded).
For tailor-made and multi-day adventures:
The cancellation may occur at latest 21 days prior to the departure without activating the terms of cancellation (initial 30% and bank costs excluded).
For further information, please check our Terms and Conditions above.
Safety and insurances
Your Safety First
Our Adventure Guides are all licensed by the Montenegrin Government, and have extensive local knowledge. Ultimately, our Adventure Guides make decisions with everyone’s comfort and safety in mind, while trying to maximize the adventure experience for each individual. We must stress that listening carefully and following your Adventure Guides instructions is ultimately your responsibility and in the best interest of yourself and the team.
For your safety, in taking your reservation for hiking we assume you are in good health, with no pre-existing conditions or injuries that could make it dangerous for you to hike, that you are physically fit enough to walk up and down hills on paths that maybe covered with rocks for the arranged period of time.
For your safety, in taking your reservation for riding we assume you are in good health, with no pre-existing conditions or injuries that could make it dangerous for you to ride, that you are physically fit enough to mount and control a horse, and that you have sufficient strength and equilibrium to remain balanced and in control of the horse while riding for the arranged period of time. If you have any questions about pre-existing conditions, your medical history, or your present individual health or fitness circumstances, please consult your physician before confirming a ride with us.
As with any travel outside of your home country, it is important to be well insured. We highly recommend that all our guests take out comprehensive repatriation insurance in their home country prior to commencing their journey (with emergency evacuation cover). We recommend Chapka to our guests. Evaneos clients can benefit from special offers.
According to Montenegrin Law, we must insure all our guests locally in case of injuries during travel and stay you make with us. This insurance is included in all our adventures. This insurance covers all tourists and visitors, regardless of their health status, age and general working ability. Persons who are excluded are the ones who are deprived of their working capacity. The insurance for every tourist and day tripper starts from the moment he/she comes to the starting point of the trip and last until leaving the place determined for the departure. It covers accidental death (€ 7000), permanent disability (€14000), and 1,6 hospital days due to accident.
You may wonder if you are safe transferring your money with us?
Firstly, the satisfaction of our returned guests through their reviews and our partnership with key organizations should give you the confidence that we are a reliable company.
Secondly, Montenegro Eco Adventures is a Travel Agency licensed by the Ministry of Sustainable Development and Tourism of Montenegro under the license number 402 (list of registered travel agencies in Montenegro).
To obtain a license from the Ministry of Sustainable Development and Tourism in Montenegro, one needs to get an insurance for an amount of 15.000 euros. We have subscribed it with the Montenegrin insurance SAVA.
In case of reimbursement of damage to passengers as provided by Article 18, paragraph 2 of the Law on Tourism, the insurance will reimburse the damage caused to passenger by unfulfilled, partially fulfilled or mostly unfulfilled provisions of the travel contract, or travel program; reimburse the damage caused by inability of the tourist agency to pay the costs of accommodation, food and return of passengers in Montenegro or abroad, the insurance unconditionally agrees to, on agency’s 1st written request, pay any amount up to 15,000€ in 7 work days.
You will find below a copy of our insurance policy taken out with SAVA in accordance with Montenegrin legislation – “the insurer will pay the insurance compensation to the beneficiary within eight days of receipt of all evidence, which the beneficiary proves to be the occurrence of the insured event and the amount of damage.”
“The insurer shall provide the compensation referred to in the preceding paragraph where, in accordance with the applicable Bankruptcy Law, a decision has been made to open bankruptcy proceedings due to a more permanent inability to pay or indebtedness.”