Disclamer

APPLICATION / TRAVEL CONTRACT

The provisions of these General Terms and Conditions are an integral part of the travel contract between the passenger and the travel organizer “Castrum” Ltd., and are binding on both parties. Please familiarize yourself with the content of these terms and conditions in detail, paying special attention to them.

DEFINITIONS AND MEANING OF BASIC TERMS:

Certain terms in the sense of these General Terms and Conditions have the following meanings: “Agency” means the travel agency CASTRUM d.o.o. (Limited), with headquarters at Branka Ćopića 16B, Herceg Novi, Montenegro, registered at the Ministry of Economis Development and Tourism under Registration Number: 51121911, Tourist Agency Licence: 672, Tax Identification Number: 03534642. 

  • LAW ON TOURISM AND HOSPITALITY (“Official Gazette of Montenegro”, no. 2/2018, 4/2018 – correction, 13/2018, 25/2019, 67/2019 – amended law, and 76/2020)

Article 1

This law regulates the conditions for conducting tourist and hospitality activities and other matters of significance for tourism and hospitality.

Article 2 (1) Tourism and hospitality activities can be carried out by companies, other legal entities, and entrepreneurs who meet the requirements specified by this law.

Article 6 (1) Tourism activity is the provision of services: tourist agencies, tourist guides, escorts, animators and representatives, in cultural, nautical, rural, health, religious, congress, sports, youth, hunting and fishing, sports and recreational, and adventurous, ecotourism and other forms of tourism, at bathing areas, skiing terrains, as well as the provision of other services in accordance with this law.

(2) Tourist is a natural person who spends at least 24 hours or stays overnight in a place other than their permanent residence, but not longer than one year continuously, for the purpose of rest, recreation, entertainment, sports and exercise, culture, religion, ecology, business communication, participation in sports competitions, cultural and artistic events, as well as for traveling by boat or other vessels.

     Article 9

(1) A tourist agency is a business entity, another legal entity, or an entrepreneur that provides services for organizing travel or intermediation in the sale and implementation of travel and accommodation services for tourists and has a license to carry out such activities.

Tourist agency services

Article 10

(1) A tourist agency in its office or branch can provide the following services:

1) organizing, selling, and implementing tourist package tours in the country and abroad;

2) organizing sightseeing tours, entertainment programs, events, congresses, fairs, exhibitions, sports events, and similar activities;

3) organizing and mediating in the sale and implementation of excursions;

4) mediating in the sale and implementation of package tours;

5) providing and mediating in the provision of services of tourist guides, escorts, and animators;

6) organizing the reception and transfer of passengers by vehicles or through carriers that meet the conditions prescribed by the law governing road transport;

7) selling and mediating in the sale of tickets or reservation of seats for all types of transportation, as well as mediating in obtaining visas;

8) reservation and sale of tourist and hospitality services and other services related to travel and stay of passengers;

9) representing domestic and foreign tourist agencies in travel destinations;

10) mediating in renting accommodation units;

11) accepting and dispatching vessels in nautical tourism within the country and abroad;

12) mediating in obtaining documents necessary for organizing and implementing services in various forms of tourism;

13) organizing and mediating in the sale of services related to nautical, cultural, religious, rural, health, congress, sports, youth, and other forms of tourism;

14) providing rental car services;

15) reservation, procurement, and sale of tickets for all types of events, sports and entertainment programs, exhibitions, as well as museums, fairs, and similar events;

16) renting and/or mediating in the renting of means/vehicles of transportation;

17) mediating in the provision of services for managing vessels for sailors (skippers);

18) providing tourist information and promotional materials;

19) mediating in the conclusion of passenger and luggage insurance contracts, and

20) other services in accordance with this law.

(2) A tourist agency can provide services from point 14 of paragraph 1 of this article only if it meets the conditions specified in Article 59, paragraph 2, item 3 of this law.

Article 11

(1) Depending on the type of services provided, a tourist agency can be:

1) a travel agency – tour operator that organizes tourist package tours and directly sells and implements them or offers them for sale through intermediaries, organizes excursions, and provides other services usual in the tourism industry, and

2) a travel agency – mediator that sells a tourist package tour that has been designed by a tour operator and/or provides other intermediary services in accordance with the law.

(2) A tourist agency can offer for sale or sell services to passengers through the internet in accordance with the law regulating electronic commerce and electronic business, and if it meets the conditions prescribed by this law.

 

Article 12

(1) A travel agency – tour operator can provide the services mentioned in Article 10, paragraph 1 of this law.

(2) A travel agency – mediator can provide the services mentioned in Article 10, paragraph 1, items 3 to 20 of this law.

(3) A tourist agency that offers for sale and sells a tourist package tour designed by a tour operator that is not based in Montenegro is considered a tour operator and must meet the conditions prescribed by this law.

  • LAW ON OBLIGATORY RELATIONSHIPS (“Official Gazette of Montenegro”, No. 47/2008, 4/2011 – official law and 22/2017)
  • LAW ON CONSUMER PROTECTION
  • (“Official Gazette of Montenegro”, no. 2/2014, 6/2014 – corr., 43/2015, 70/2017, and 67/2019)

 

APPLICATIONS AND PAYMENTS:

The passenger can apply for the trip organized by “Castrum” at the organizer’s business premises, by telephone or at agencies with which the organizer has concluded a Mediation Agreement. When the intermediary agency, which must have a program that is identical to the organizer’s program without any changes or additions, confirms the trip and does not indicate its status as an intermediary or provide the organizer’s license number and category, or modifies the program, it is responsible for the execution of the trip as the organizer. The application becomes valid when confirmed by the organizer, with the mandatory conclusion of a written travel contract (confirmation), which can also be in electronic form.
By signing the Contract – Travel Confirmation, the passenger confirms that they have been provided with the General Terms and Conditions of Travel and the travel program, as well as the insurance conditions, which are an integral part of the contract, and that they have previously familiarized themselves with them (as well as the persons indicated in the Contract) and agreed to them by concluding the contract. The organizer is obliged to inform the passenger of any changes to the data in the Program, orally or in writing, before concluding the Contract, or on a durable medium that is easily accessible to the passenger. If the passenger has booked the trip through distance communication means, the organizer is obliged to inform them of any changes in the same way the reservation was made, and the passenger can accept the new offer within 2 days of receiving the notification or inform the organizer that they do not accept it and cancel the reservation. When applying, the passenger is obliged to pay a mandatory deposit in the amount of 40% of the price of the arrangement, unless otherwise provided by the travel program, and the remaining amount of the agreed price becomes due for payment 10 days before the start of the trip, unless a different deadline is specified in the travel program. If the passenger does not make the full payment within the deadline specified in the Contract, travel program, or these general conditions, it is considered that the trip has been cancelled, in which case the provisions of point 10 of these conditions apply. The Travel Contract has legal effect not only in relation to the passenger who has formally concluded and signed it, but also to other users of the arrangement indicated in the Contract, so the payment of the deposit, cancellation, and legal consequences thereof, etc. apply to all passengers. This particularly applies to the prior familiarization with the Program and the General Terms and Conditions of Travel and Insurance, and it is considered that they have been provided and accepted by all passengers in the Contract.

OBLIGATIONS AND RIGHTS OF THE TRAVEL ORGANIZER:

The travel organizer is obliged to act with the care of a good organizer, both in terms of the services it provides itself and in the selection of persons entrusted with the performance of individual services. In addition, the travel organizer is obliged to:

  • conclude a written travel contract with the passenger;
  • provide the passenger with a written travel program, general terms and conditions of travel, general insurance terms, and inform them about the possibility and offer of various types of insurance;
  • take care of the rights and interests of the passenger in accordance with good business practices in this field;
  • in accordance with applicable legal provisions and professional rules, remedy any non-conformity between the contracted and provided services, and if unable to do so, offer the passenger other appropriate services until the completion of the tour, without additional costs for the passenger.
  • offer and provide the passenger with a refund of the actual price difference in case of timely and justified written complaint regarding complete or partial non-performance of services covered by the travel program, in accordance with the law and the General Terms and Conditions of the travel agency “Castrum“.

RIGHTS AND OBLIGATIONS OF PASSENGERS:

It is the right and duty of the passenger to familiarize themselves with the travel program, as well as the content of the general terms and conditions of travel and insurance, before concluding the travel contract. By accepting the clause contained in the contract, the passenger confirms this on their behalf and on behalf of the beneficiary for whom they are making the payment. A passenger who has made a reservation by phone and does not want to come to the agency’s premises to sign the travel contract (due to some reasons such as being prevented or being in another city), but wants to make the payment electronically, is obliged to familiarize themselves with the Travel Program and General Terms and Conditions of Travel through the agency’s Castrum website. In this case, the passenger is obliged to print the Travel Contract from the agency’s website, fill it out, sign it, and send it to the agency via email bookings@castrumexperiences.com. If the passenger does not send the signed Travel Contract, the payment of the deposit is considered as the passenger being familiar with the General Terms and Conditions and the Travel Program of the Castrum agency and accepting them. The passenger is obliged to pay the agreed price of the arrangement under the conditions and in the manner provided in the contract and travel program. The passenger is required to provide all the information and documents necessary for the organization of the trip, especially for obtaining visas, transportation tickets, accommodation reservations, etc., upon the organizer’s request. The passenger guarantees that they personally, their documents, and luggage comply with the conditions specified by the positive regulations of our country, the regulations of the destination country, as well as the countries through which they pass (border, customs, sanitary, monetary, and other regulations). The passenger is liable for any damage caused to the travel organizer or third parties by violating the aforementioned legal and administrative regulations. The passenger may designate another person to use the arrangement instead of them (provided that the person meets the requirements provided for a specific trip), in which case the passenger is obliged to reimburse the organizer for the actual costs incurred by the replacement. The passenger guarantees the obligations of the third party to the organizer in case of replacement. The passenger is obliged to cooperate in good faith and patiently wait for a time frame of 24-48 hours for justified complaints to be resolved (refrigerator malfunction, power or water outage, poorly cleaned apartment, etc.). When choosing a destination, and before concluding the contract, the passenger is obliged to inform themselves, through the Ministry of Foreign Affairs of Montenegro or in another way, about countries with high or moderate risk, as well as any other facts that could be relevant in the specific case for the choice and implementation of the trip. We also kindly ask passengers to familiarize themselves with the applicable regulations, rules, customs, and prohibitions at the desired destination (dress code, consumption of alcoholic beverages, smoking bans, etc.) before choosing a destination and program. It is considered that the passenger, by entering into the contract, is aware of the relevant circumstances that, if they existed at the time of concluding the contract, cannot have legal significance as changed circumstances, in terms of applicable civil law regulations. The passenger should inquire with the guide-representative about the exact time of return no later than 24 hours but not earlier than 48 hours.

PRICE, CONTENT, AND DURATION OF THE ARRANGEMENT

Prices are published in the travel program and are valid from the day of publication, and are expressed in euros. The day of payment is considered the day when the traveller made the payment at the Castrum premises, with an authorized intermediary, or the day when the funds arrived at the organizer’s current account at the business bank. The organizer may predict that services that are exclusively used abroad (optional excursions, tickets to sites, etc.) are paid directly to a foreign agency – a third party, abroad. Prices are determined based on contracts with our foreign partners and MAY NOT correspond to the prices published on the spot – the destination where the traveller stays, and any difference in price cannot be the subject of a complaint. The traveller is obliged to pay the price as agreed, and any complaints and objections regarding the quality of services provided cannot affect the agreed obligation of the traveller, especially in the case of installment payments, in which case the provisions of point 12 of these general conditions shall apply. The price of the arrangement, as a rule (unless otherwise indicated in the travel program), includes: transportation services, hotel and catering services, and travel organization costs (services of agency representatives, guides, local guides).

The price of the arrangement, as a rule, DOES NOT include, unless otherwise agreed: optional excursions, airport taxes and other fees, costs of obtaining and issuing visas, entrance fees to visited sites, passenger and luggage insurance, which is contracted separately, additional services such as room service, use of minibar, air conditioning, sports, recreational, medical, and telephone services, use of sunbeds and umbrellas, costs of accommodation in a single room, rooms with special characteristics, special meals, and other forms of special non-standard services, etc.

The content of the trip is the set of services described and offered in the travel program, which the organizer provides during the trip and for which a unified price of the trip has been announced. All types of additional services of specific quality (single room, additional meals, other special conditions, etc.) that are not provided in the travel program and that the traveller is interested in must be separately agreed upon in writing with the organizer before the trip, if the organizer is able to provide the realization of such special services. The intermediary is not authorized to offer, sell, and guarantee special services on behalf of the organizer, which are not provided in the travel program, except in the case of a special written confirmation from the organizer. If the traveller requests a special service during the trip, outside the program, it is paid on the spot to the representative of the foreign agency – a third party, in the currency of the country in which they are located, and the organizer is not responsible for the services provided and charged by the foreign agency, abroad, or the direct service provider, which were not provided in the travel program or covered by a written travel agreement. Optional excursions are selected and paid for on the spot during the trip, to the travel organizer or group guide. In the case of unused services in the hotel due to going on an optional excursion, the traveller is not entitled to a refund for that part. The duration of the arrangement is determined by the number of calendar days, counting from the day of the start to the day of the end of the trip, and not by the number of hours between the departure and return times. The departure, arrival times, and duration of the trip are conditioned by procedures at border crossings, road conditions, permits of competent authorities, which the organizer cannot influence, and therefore, these reasons cannot be the subject of a complaint by the traveller. In the case of air arrangements, the agreed time of the start of the trip is the meeting of the passengers at the airport, 2 hours earlier than the first announced departure time by the airline, so in case of a change in the mentioned time (which can depend on a number of circumstances: technical, weather, security conditions, flight control permits, etc.), the travel organizer, since they have no influence over them, bears no responsibility, and the applicable regulations and practices in air traffic apply. For bus travel, the agreed time of the start of the trip is the meeting of the passengers at the departure point of the bus on the first day of the trip, usually 30 minutes before the announced departure time. Based on the above, the first and last day are designated for travel (and in some forms of transportation, the trip may last for several days) and do NOT imply a specific duration of stay in the hotel or destination – they only indicate the day of the start and end of the trip, so any complaint would not be justified if it is made solely because of, for example, an evening, night, or early morning flight, entering the room late in the evening, leaving the hotel early in the morning, etc.

CATEGORIZATION AND DESCRIPTION OF SERVICES:

The offered hotels, apartments, other facilities, as well as transportation vehicles in the “Castrum” programs, are described according to the official categorization of the host country. The travel program includes the valid hotel categorization on the day of the contract conclusion between the travel organizer and the foreign partner, so any subsequent changes and deviations from the officially established hotel category, which the organizer was not aware of, cannot have an impact. The meals, comfort, and quality of other services are determined by the category and, above all, the price, and are under the supervision of local tourist authorities, with accommodation and service standards varying and not comparable in certain destinations. We particularly emphasize the difference in standards and criteria characteristic of non-European destinations compared to generally accepted European features, which is why we recommend choosing a higher category of hotels in any case. All services listed in the travel program imply AVERAGE QUALITY STANDARDS, customary and specific to certain destinations and locations, and unless otherwise agreed in writing between the parties, services of a different scope, quality, characteristics, and purpose cannot be reasonably expected and demanded. The descriptions contained in the organizer’s offer relate exclusively to accommodation facilities with accompanying amenities, and not to the wider environment (for example, surrounding buildings, terrain configuration, potential noise, traffic, etc.). Some of the facilities listed in the program may not be operational, especially considering the calendar period of stay and other parameters (e.g., an outdoor pool in winter or an indoor pool in summer…), all in accordance with the hotelier’s rules. Only the service descriptions contained in the travel programs are authoritative, not the service descriptions in catalogues, publications, or websites of direct service providers such as hotels and others not covered by the given Program. Obvious errors, printing mistakes, calculation errors, etc., cannot be binding. The services of a tourist guide, tour escort, local tourist guide, tourist animator, or local representative of the organizer provided in the travel program do not imply their full-time and continuous presence, but only contact and provision of services according to pre-established terms indicated in the travel program. Also, the representative of the organizer, escort, or guide is not authorized to make a decision regarding the potential need for medical assistance to the traveller or intervention by the police, etc. The decision regarding this is solely made by the traveller, based on their own judgment and needs in each specific case.

ACCOMMODATION IN ROOMS / APARTMENTS:

The arrangement of rooms / apartments is determined by the reception at the place of stay. Hotels that are offered may consist of multiple identical or different accommodation facilities and units. If the traveller, with the written consent of the organizer, has not explicitly contracted a room or apartment of a special position and characteristics, they will accept any officially registered room/apartment in a specific facility described in the catalogue and price list, regardless of the traveller’s specific requests regarding the position of the facility, floor, proximity to noise, parking, etc., as well as whether the room is located in the central building or another facility within the accommodation capacity, etc. Travelers can choose the type of service / rental, bed and breakfast, half board, full board, all inclusive, all inclusive light, all inclusive superior, all inclusive ultra superior, use of air conditioning, etc. only at the time of booking the arrangement. If possible, the travel organizer will strive to accommodate the traveller and meet their additional accommodation requests (comfort, room orientation, etc.), but cannot guarantee the fulfillment of additional requests that are not agreed upon in writing. The quality of service, local transportation, variety and quantity of food is determined by the official category of the facility, price level, local customs at the destination, regardless of whether it is served buffet style or à la carte. The services of all inclusive, all inclusive light, all inclusive superior, all inclusive ultra superior, etc. imply services according to internal hotel rules (provided from the moment of check-in until check-out) and may not be identical, even within the same category, at the same destination. The hotel facilities listed in the description accompanying the travel program are based on official data. Triple and quadruple rooms (or apartments), even in higher category hotels, are usually based on a standard double room with one or two extra beds, which are usually wooden or metal constructions, foldable, which can significantly worsen the quality of accommodation in most cases. Upon request of the traveller, the organizer may provide accommodation in a triple room (if the hotel has available capacity), but the traveller must be aware in advance that the comfort and therefore the quality of accommodation in these rooms is poorer, which is why subsequent complaints from travellers regarding the above mentioned (room size, free space, etc.) cannot be justified. The traveller undertakes to respect the rules of behaviour in a specific accommodation facility, which may include restrictions on bringing food and drinks into rooms, refraining from taking more food from the buffet than necessary, prohibition of taking food out of the restaurant, respecting order, inability to access the room before a certain time, according to the rules set by the hotelier, obligation to vacate the room at a certain time, dress code, etc. The time of check-in and check-out may not be the same in all facilities and is determined by the hotelier (usually, unless otherwise specified, check-in is possible after 2 PM, and check-out is required by 10 AM on the last day). If two or more persons have booked a accommodation unit together, in case of a change in the number of occupants within the contracted accommodation unit (cancellation of one of the travellers from the contract), if there is no replacement for the cancelled person, it is mandatory to adjust the structure of the accommodation unit and accordingly, the price of the arrangement according to the valid price list.

TRAVEL DOCUMENTS AND TRANSPORTATION:

All conditions published in the travel program apply EXCLUSIVELY TO CITIZENS OF MONTENEGRO, and the travel organizer is NOT obliged, nor authorized, to inform passengers – citizens of other countries about the conditions (such as visa requirements) that apply to the destination or transit country. It is the sole responsibility of the passenger, a foreign citizen, to obtain information from the relevant consulate and to ensure timely provision of necessary conditions and documents accordingly. If the trip cannot be realized due to the aforementioned reasons, it is solely the fault of the passenger – a foreign citizen, since the published conditions apply only to domestic citizens. The passenger is responsible for the validity of their travel documents and should verify them with the relevant authorities if in doubt. For international travel, the passenger must have a valid travel document with a validity period of at least 6 months from the end date of the trip. The agency official (travel organizer or sub-agent through whom the payment is made) is not authorized to determine the validity of travel and other documents. The passenger is obliged to provide the necessary information and present the required documents for the visa of the country they are traveling to, if the organizer is obtaining it. Otherwise, if the necessary documents are not provided within the specified time frame, it will be considered that the passenger has cancelled the trip. The organizer does not guarantee obtaining a visa, nor obtaining it within the specified time frame, nor is responsible for the accuracy of the visa data or for any errors made by the embassy or a third party that could affect the validity and importance of the visa. Inconsistencies between personal data provided to the organizer and the data in the passenger’s passport (such as names, etc.) may result in the issuance of a new airline ticket at the passenger’s expense or even declaring the ticket irregular during the trip, for which the passenger bears the consequences. The passenger is responsible for their airline ticket from the moment they receive it from the guide at the airport or the agency official at the office. Duplicate airline tickets or boarding passes cannot be issued, and the passenger bears the full consequences of their loss. Airline or special transportation tickets are valid only on the date indicated on the document. The invalidity of any travel document and the impossibility of realizing the trip due to the prohibition by border or other competent authorities to enter, transit, or further stay in the country is a circumstance beyond the control of the travel organizer, which should be taken into account. In such cases, the organizer should apply the provisions of clause 10 of the General Terms and Conditions. The passenger is responsible for taking care of their travel documents during the duration of the trip. If they lose their travel document or it is stolen, they are obligated to provide a new one at their own expense and bear any consequences that may arise from it. Air passenger transportation is regulated by international aviation traffic regulations, as well as the regulations of the airline companies engaged by the travel organizer. Air travel on regular routes implies passenger transportation in economy class. The travel organizer has no influence over any consequences caused by delays in departure times by the airline company or delays of the aircraft on one or more regular or charter flights during the trip, which are caused by any reason beyond the organizer’s control, such as security reasons, air traffic control permits, weather conditions, technical malfunctions, etc. The applicable regulations and customs in aviation traffic are applied. The passenger is obligated to proceed with special care during the usual procedures at airports and to board the aircraft in a timely manner, following the instructions and warnings announced by the airline company immediately before the flight, as any negligence may result in the passenger missing the flight, not boarding the aircraft, choosing the wrong exit gate, or being late. The aforementioned also applies to other forms of transportation and transfers. The prices of airport taxes and airline tickets are subject to change, and they are determined by the airline carrier, with the relevant price being the one on the day of the flight, and the passenger’s refusal to pay any difference in price compared to the one valid at the time of contract conclusion is considered as cancellation of the trip, resulting in the application of clause 10 of these general conditions. Bus transportation and bus transfers are carried out with standard tourist buses according to the regulations and criteria applicable in our country. As a rule, seats are not numbered, nor is the method of changing seats during the trip determined, unless otherwise regulated by the travel program. Therefore, the organizer or carrier is authorized to make an ad hoc arrangement depending on the specific circumstances. Delays of buses due to weather conditions, exceptional traffic situations, excessive delays at borders, breakdowns, and similar circumstances are naturally beyond the control of the organizer, which we kindly ask you to keep in mind. The passenger has the obligation to behave appropriately in the means of transportation (if under the influence of alcohol, drugs, or displaying inappropriate behaviour – the organizer has the right to refuse transportation or, in the presence of the police, remove the passenger from the means of transportation, and further transportation to the destination will not be the agency’s obligation. If the passenger does not arrive at the hotel due to removal from the means of transportation, the provisions of clause 10 of the general conditions will apply. Smoking, consuming drugs, and alcohol are prohibited in the means of transportation. The passenger must not disturb the official personnel on the bus, drivers, and guides, otherwise they will be immediately removed from the means of transportation. The route, breaks, location, and duration of breaks are determined by the guide or driver. The guide or driver has the right to change the schedule, itinerary, or order of visits to locations due to unavoidable circumstances. The passenger is obligated to accept any offered seat in the means of transportation. The transfer of luggage from the parking area to the accommodation unit is the responsibility of the passenger (the transfer will be as close to the accommodation as possible). If the transportation of luggage from the parking area to the hotel is organized by the hotel, the organizer is not responsible for the loss or damage of the luggage. The agency is not responsible for forgotten items on the bus, but will take all necessary measures, within its capabilities, to find them. It is the duty of the passenger to visibly mark their luggage with their personal information, and not to leave personal belongings and valuables on the bus (the agency is not responsible for their loss). The agency has the right to use all types of tourist buses that meet the comfort requirements (mini bus, bus, or double decker) without prior notification to the passenger. Toilets are not available during bus rides, unless approved. The passenger is responsible for compensating any damage caused to the means of transportation and accommodation facility on the spot. The transportation of passengers by train, sea, river, or lake transportation is carried out, and the direct responsibility of these carriers is determined in accordance with the regulations governing the mentioned types of transportation.

RIGHT OF TRAVEL ORGANIZER TO CANCEL:

The travel organizer may cancel the trip completely or partially in the event of extraordinary circumstances that could not have been foreseen, avoided, or remedied, and which, if they had existed at the time of program publication, would have been a justifiable reason for the organizer not to publish the program and not to accept payments. If the trip is interrupted for these justified reasons, the organizer has the right to compensation for services actually provided. The organizer is authorized to cancel the trip in the event of an insufficient number of registered passengers, in accordance with the provisions of the travel program, for which the passengers must be notified in a timely manner, no later than 7 days before the scheduled start of the trip, with the obligation to refund the paid funds to the passenger in full, without delay, and no later than within 8 days from the date of cancellation. If the travel program does not specify otherwise, the minimum number of registered passengers for a bus trip is 35 passengers, for regular air routes in Europe 20 passengers, for intercontinental air routes 15 passengers, and for travel on specially contracted charter flights, trains, or hydrofoils, a minimum of 80% capacity occupancy. In the event of a complete cancellation of the contract, the organizer will strive to offer the passenger an alternative travel program for the same or a different destination, which the passenger must accept or reject in writing within 24 hours, in which case the parties will regulate their mutual relations by contract. The organizer is released from fulfilling the Contract if the passenger, within the framework of a group trip, disrupts the implementation of the trip due to gross and inappropriate behaviour, regardless of the warning given. In this case, if the passenger is at fault, they have an obligation to compensate the organizer for any damage caused.

PASSENGER CANCELLATION OF TRAVEL:

The passenger has the right to cancel the trip at any time, and is obliged to inform the travel organizer in writing. The date of written cancellation is the basis for calculating the compensation, which, in accordance with the law, belongs to the organizer, expressed as a percentage of the total price of the trip, unless otherwise specified in the travel program, as follows:

  • 5% if the trip is cancelled 45 days before the start of the trip (timely cancellation)
  • 10% if the trip is cancelled between 44 and 30 days before the start of the trip
  • 20% if the trip is cancelled between 29 and 20 days before the start of the trip
  • 40% if the trip is cancelled between 19 and 15 days before the start of the trip
  • 80% if the trip is cancelled between 14 and 10 days before the start of the trip
  • 90% if the trip is cancelled between 9 and 6 days before the start of the trip
  • 100% if the trip is cancelled between 5 and 0 days before the start of the trip or during the trip.

The passenger is only obliged to reimburse the organizer for actual expenses incurred if the cancellation is due to circumstances that could not have been foreseen, prevented, or avoided, and which, if they had existed at the time of the conclusion of the contract, would have constituted a justifiable reason not to conclude the contract: sudden illness of the passenger, spouse, child, parent, sibling of the passenger; death of the passenger, spouse, child, parent, sibling of the passenger. The passenger must provide valid evidence (death certificate, proof of entitlement to temporary incapacity for work from health insurance, medical discharge summary, etc.) of the occurrence of the aforementioned circumstances, and only under those conditions can request a refund of the paid amounts, if they exceed the actual expenses of the organizer. Situations such as terrorist attacks, explosions, diseases, infections, epidemics, travel bans, etc., officially declared a state of emergency, in the administrative area where the destination is located, during the planned travel period, for an extended period, can be considered justifiable reasons for cancellation in the sense of the above provision. In the event that the passenger who has cancelled is provided with an appropriate replacement by the organizer, or the organizer himself provides the replacement, the organizer is obliged to refund the paid amounts to the passenger in full, after deducting only the actual and incurred expenses. In the event of the cancellation of one of the passengers – users of the package, there is an obligation to pay an additional fee, for example, for a single room, a double apartment instead of a triple one, etc., in accordance with the travel program and published price list. Changes (at the request of the passenger) in the contracted place and date of travel, accommodation facility, accommodation unit, failure to obtain a visa or untimely receipt of a visa, etc., are considered as cancellation of the trip by the passenger, in which case the provisions of point 10 of these conditions apply. In the event of contract cancellation, the organizer does not refund the amount paid for insurance and visa acquisition.

CHANGE OF TRAVEL PROGRAM:

The travel organizer has the right to change the travel program if it is caused by extraordinary circumstances that the organizer could not have predicted, avoided, or eliminated, with the costs incurred due to the program change borne by the organizer. The organizer reserves the right to change the day or time of travel, extend or shorten the duration of the package, as well as change the order of the itinerary if there is a change in conditions (flight schedules, forced landings, vehicle malfunctions, border or traffic congestion, security situations in certain countries, strikes affecting program execution, natural disasters, closures of designated sites, changes in visa regulations, or any other extraordinary circumstances), without the obligation to pay damages or any other compensation to the passenger. The aforementioned changes may occur during the course of the travel and due to the specificities of certain destinations in relation to the calendar period (religious holidays and customs, national holidays, etc.). In this case, the organizer is obliged to promptly inform the passenger of the change in the most appropriate manner at the given moment, with oral notification being relevant under special circumstances (if it is not possible to send written notification due to time constraints). If the initiated journey is interrupted for justified reasons, the organizer has the right to compensation for the services actually provided. The substitution of the contracted accommodation can only be done by using facilities of the same category or, at the expense of the organizer, by using facilities of a higher category in the designated place of accommodation, so if the change in the program occurred for reasons and in a manner provided by law and these general conditions, the organizer has fulfilled their obligation by offering another facility within the legally prescribed limitations and in accordance with the law. Accommodation in lower category facilities can only be done with the consent of the passenger, with a refund of the price difference in proportion to the category of the accommodation facility.

COMPLAINTS AND PASSENGER CLAIMS AND DISPUTE RESOLUTION:

Each passenger individually (the contract signatory on their own behalf and on behalf of the individuals listed in the contract) has the right to make a complaint regarding the non-performance or partial performance of the service and is obliged to submit a written, timely, and substantiated complaint to the travel organizer with attached evidence, no later than 8 days from the end of the journey. For complaints, grievances, claims, assistance, and emergencies, the passenger can contact the organizer by phone at +38269054883 during working hours from 09:00 am to 08:00 pm (on business days) or at the address Branka Ćopića 16B, Herceg Novi. It is in your interest to file a complaint within the specified timeframe so that the organizer can thoroughly consider it, noting that the organizer is unable to properly evaluate group complaints submitted without proper authorization for representation, as well as group complaints without specific complaints regarding each individual user. It is in the passenger’s interest, for prompt remediation of any shortcomings, to address their complaint to the authorized representative of the travel organizer or another designated person on the spot, which must be documented by the authorized representative of the travel organizer or another designated person. If the cause of the complaint has been resolved on the spot, the passenger signs an appropriate confirmation, whereas if the cause has not been resolved, the fact that the passenger continued to use the offered services is considered full agreement with the given solution. If the cause of the complaint cannot be resolved on the spot, the passenger, as evidence, signs a confirmation together with the representative of the organizer. The passenger cannot demand a proportionate price reduction if they negligently and in the prescribed manner fail to inform the organizer of the deviation between the agreed and provided services. The passenger is obliged to cooperate in good faith and patiently wait for a timeframe of 24-48 hours for the justified complaint to be rectified (refrigerator malfunction, power or water outage, poorly cleaned apartment, etc.). If the non-performance or incomplete performance of services is due to the fault of the travel organizer, the passenger has the right to a price reduction in the amount of the actual difference between the agreed and actually provided services. The organizer is obliged to respond to the received written, proper, and timely complaint within 15 days from the date of receipt or, within the same period, refund the amount for the price reduction, in the event that the complaint is justified. If the complaint is not in order to proceed with, the organizer will send a response letter to the passenger, requesting them to rectify it within the given timeframe, under the threat of consequences for failing to do so. In the interest of both contracting parties, primarily due to reasons of cost efficiency and effectiveness, the passenger should not initiate other legally provided procedures until receiving a response regarding the complaint, which means that any request made by the passenger to initiate proceedings with relevant authorities before the expiry of the complaint resolution deadline will be considered premature, which also applies to informing the general public about the disputed relationship. The amount of compensation paid based on a valid and timely complaint is proportional to the extent of non-performance or partial performance of the service, which means that it cannot include and cover used services, nor reach the full price of the package. If the passenger accepts the payment of compensation for the proportionate price reduction or any other form of compensation, it is assumed that they agree with the organizer’s proposal for an amicable settlement of the dispute, and in doing so, they waive any further claims against the organizer regarding the disputed relationship, regardless of whether they have signed a written confirmation of the refund with a clause on final settlement of mutual disputes. The return of the difference in price to the passenger will be considered executed and an agreement reached with the passenger in accordance with the law and these general terms and conditions, when the organizer offers the passenger the actual difference in price for inadequately provided services, in line with the price list of the actual service provider valid on the day of concluding the travel agreement, and other available evidence, and that the organizer acted in accordance with positive regulations.

BAGGAGE TRANSPORTATION:

The transportation of baggage up to a certain weight determined by the carrier is free of charge. Any excess baggage will be charged according to the carrier’s current prices. It is recommended that gold, valuable items, technical instruments, and medications be exclusively carried in hand luggage. The transportation of baggage by plane implies an allowed weight of baggage up to 20 kg per person. Any excess weight will be charged separately per kilogram according to the current rules of the airline company. When traveling by bus, each passenger can bring 1 piece of baggage of common size, with a total weight of up to 25 kg. In case of exceeding the total weight of baggage, the carrier reserves the right to charge for the excess baggage. The passenger is responsible for taking care of their belongings brought into the cabin of the transportation vehicle, as well as for handing over or receiving the baggage given to the carrier, and for the baggage brought into the accommodation facility, in which case the passenger must continuously have their baggage under control from the moment of entry to the moment of leaving the hotel, especially in lobbies and common areas. The organizer cannot be held responsible for lost, damaged, or stolen baggage during the trip, nor for baggage that arrives late or after the trip. The passenger directly exercises all their rights in this regard with the carrier, accommodation provider, insurance company, etc. according to the applicable international and domestic regulations in that field and the applicable customs.

CUSTOMS AND FOREIGN EXCHANGE REGULATIONS:

The passenger is obliged to strictly adhere to the customs and foreign exchange regulations of Montenegro, as well as the regulations and laws of the countries through which they pass and stay. In case of inability to continue the journey due to violation of the mentioned regulations, the passenger bears all consequences and costs. The passenger is obliged to obtain the appropriate confirmation from the border authorities regarding all their valuables and precious items they carry, and they are required to deposit them in a safe or at the reception of the accommodation facility during their stay.

HEALTH REGULATIONS:

he passenger is obliged, already at the conclusion of the contract, the choice of destination, mode of transport, etc., to take into account their health condition and the health condition of children and individuals traveling with them (chronic diseases, allergies, age, disability, psychiatric illnesses, etc.), and therefore the necessity of specific diet, accommodation, special services, and treatments, and to agree on special services related to them in writing, otherwise, the travel organizer does not assume any special obligations, nor can it be held responsible for any damage on that basis, nor can any complaint in this regard be justified. The travel organizer cannot be held responsible for cases of interrupted travel, denied stay to the passenger, or other deviations from the program, and inability to carry it out, by the competent authorities due to the implementation of measures to prevent the spread of infectious diseases, etc. Traveling to some countries, which have special rules that include mandatory vaccination or obtaining certain documents, implies the obligation of the passenger to receive the necessary vaccinations and provide appropriate certificates. We recommend purchasing travel insurance. We especially warn that by choosing non-European destinations (especially African and Asian), the passenger assumes the risk of health complications and consequences that may arise due to the body’s reaction to different composition of water, food, air, etc. If your arrangement includes insurance (which must be explicitly stated in the travel program), the Insurance Terms and Conditions apply, and it is necessary for you to familiarize yourself in detail with them, as they contain the level of services and instructions that you, as the insured, must follow in order to exercise your rights.

PROTECTION OF PASSENGER'S PERSONAL DATA:

Passenger’s personal data represent the organizer’s business secret. The passenger agrees that the organizer may use personal data for the realization of the contracted travel program, without disclosing addresses, time and place, travel prices, and travel companions’ names, except with the passenger’s approval or at the request of competent authorities, in accordance with the law and specific regulations.

INSURANCE:

The organizer is obliged to inform the passenger about the possibility of securing health insurance policies during their stay abroad, as well as travel insurance packages (luggage insurance, accident insurance, travel cancellation insurance, etc.) for travel abroad and in Montenegro. It is recommended that the passenger obtains insurance policies for the mentioned travel insurance package. By signing the contract, the passenger confirms the offer of the travel insurance package. The travel insurance package does not cover mandatory health insurance, which the passenger pays separately when applying for an entry visa.

INFORMATION:

Oral information, and any other type of information that differs from those contained in the agreed written travel program, does not bind the travel organizer.

CHILD DISCOUNTS:

lease carefully read our conditions regarding child discounts, as well as other benefits that are specifically stated in the travel program. These conditions are determined by the hotelier and should be interpreted restrictively (meaning if the discount is applicable, for example, to children up to two years old, the relevant calendar date is when the child turns two years old at the time of travel commencement and nothing beyond that).

INDIVIDUAL TRAVEL ON REQUEST AND INDIVIDUAL SERVICES:

The organizer is not responsible for deficiencies, material and physical damages in individual tourist services, upon the passenger’s request, for which it only acts as an intermediary between the passenger and direct service providers (e.g. individual accommodation service, transport, tickets for sporting events, excursions, car rental, etc.).

WARNING:

* It is recommended to exchange money at authorized exchange offices to avoid any potential risks.

* We kindly ask passengers to take care of their money, valuables, and valuable items as the travel organizer is not responsible for their loss or theft. We recommend securing valuables in the hotel safe, in accordance with the rules and conditions of the hotel where you are accommodated.

* In case of any incidents falling under the scope of misdemeanour or criminal liability (theft, fighting, traffic accidents, etc.), the competent authorities of the home country hold jurisdiction, and if such situations occur, you must report them without delay. The travel organizer (our representative) is the only authorized person who can assist you in mediating between you and the competent authorities during the duration of the arrangement.

* Two days before the start of the trip, please check the departure time.

* If a passenger voluntarily leaves the group during the trip, the travel organizer’s representative may immediately inform the respective local and border authorities and the embassy of the relevant country.

* PLEASE READ THE TRAVEL PROGRAM AND GENERAL TRAVEL CONDITIONS CAREFULLY, AS THEY ARE AN INTEGRAL PART OF THE TRAVEL CONTRACT AND BINDING FOR BOTH CONTRACTING PARTIES.

* For any matters not regulated by these General Conditions, the provisions of the Tourism Law, Law on Obligations, and Consumer Protection Law apply.

* For trips with special characteristics (congresses, fairs, school and student excursions, etc.), the organizer may determine and publish “Special Travel Conditions” that are only valid for specific trips and are an integral part of the travel contract.

* In the event of legally prescribed jurisdiction of the regular court, the parties agree on the local jurisdiction of the court according to the travel organizer’s registered office.

These General Conditions of the “Castrum” agency apply from 01.11.2023.

Tourist Agency “Castrum” d.o.o. Branka Ćopića 16B, Herceg Novi, tel. +38269054883 Executive Director: Janko Paunović

E-mail: bookings@castrumexperiences.com website: www.castrumexperiences.com

Scroll to Top