General Terms and Conditions
We are Monterrasol Travel (www.monterrasol.com), hereinafter referred to in these booking conditions as the "Organiser", who arranges your tour (transport, accommodation etc.). "Consumer" means you, the party leader who takes or agrees to take the tour or any person on whose behalf you agree to purchase the tour and who is listed on the confirmation invoice, or any other person to whom you transfer a tour which you have bought. The contractual terms of Our Agreement apply between you and us because you have chosen a tour with us which is a "package" within the meaning of Law on the Tourist Activity ("FBiH Official Gazette" No. 32/09), and will enjoy the benefits conferred by it.
NB: We shall send our confirmation invoice and any applicable amendment or cancellation invoice to you by email (or by post, by prior agreement). Additionally, if you contact us by email (for example with a query relating to your booking) regardless of how the booking was made, you authorise us to reply using the email address you have used to contact us. You must accordingly check your e-mails on a regular basis. We may also contact you by post if we cannot, for whatever reason, contact you by e-mail as set out above. References in these Booking Conditions to "send" include e-mail and post, as appropriate. If you have booked through a travel agent all correspondence with us must be carried out via your travel agent.
Article 1. Making your booking
The party leader must be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking and their parent or guardian for all party members who are under 18 when the booking is made. By making a booking, the party leader confirms that he/she is so authorised. The party leader is responsible for making all payments due to us (see Article 2 below). The party leader must be at least 18 when the booking is made. Once we have received your booking and all appropriate payments, we will, subject to availability, confirm your tour by issuing a confirmation invoice. This invoice will be sent to the party leader or your travel agent. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 10 days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so. If you wish to, you may contact us for any of the reasons mentioned in these booking conditions (for example, to request an amendment).
Article 2. Payment
In order to confirm your chosen tour, a deposit of 20% of total sum of tour must be made at the time of booking (or full payment if booking within 45 days of departure) together with the full cost of any "extras", if exist. Please note "extras" means any items not expressly specified as being included in the basic tour cost e.g. event tickets - please also see Article 5. If you wish to purchase the insurance policy we offer, all applicable premiums must also be paid at the time of booking - please see Article 7. The balance of the tour cost must be received by us not less than 45 days prior to departure. This date will be shown on the confirmation invoice. Reminders are not sent. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in Article 7 depending on the date we reasonably treat your booking as cancelled.
Article 3. Your contract
A binding contract between us comes into existence when we despatch our confirmation invoice to the party leader or your travel agent. We both agree that the terms of the contract in these booking conditions are to be interpreted under and subject to the laws of the BiH. All tour are provided by Monterrasol Travel, and the acceptance of service of proceedings is at Trebinje, BiH. Changes to these Booking Conditions or the General Information shown on our website will only be valid if agreed by us.
Article 4. The cost of your tour
All prices quoted are stated in euro and are based on tariffs and exchange rates current and appropriate at the time of publication. If any of these vary, the cost of the tour may increase or decrease accordingly. Any such increase/decrease must be paid by or refunded to the Consumer. During the period of 30 days prior to departure date, the price specified in the Contract shall not be increased by the Organiser. No refunds will be payable if any decrease in our costs occurs within this period either. The circumstances in which the prices may be varied shall only be to allow for changes in:
(a) transport including the cost of fuel,
(b) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, or
(c) the exchange rates which apply to the particular package plus VAT.
Article 5. Insurance
It is a condition of this contract that the Consumer is covered either by the travel insurance scheme arranged by the Organiser or covered by another travel insurance scheme which furnishes the consumer with at least the same level of cover as that afforded by the travel scheme arranged by the Organiser. The Consumer's attention is drawn to the exclusion Articles and excess on the insurance policy and to the obligation contained therein to disclose any material facts at the time of purchasing the insurance policy arranged by the Organiser. It is the responsibility of the consumer to read their insurance policy before they travel and check that the insurance scheme provides the consumer with the desired level of cover. In the event that the Consumer does not avail of the Organiser's travel insurance scheme he must furnish details of the alternative travel insurance scheme which he has arranged at the time of booking. It is the responsibility of the Consumer to check that the insurance cover scheme provides the Consumer with his desired level of cover. In so arranging insurance cover for the Consumer the Organiser is acting as agent of the relevant Insurer and shall not be responsible to the Consumer for any default by the Insurer under that policy. All claims made against the insurance policy shall be made directly to the Insurer. The Consumer shall be responsible for making any special or increased insurance arrangements which he deems necessary. The Organiser reserves the right to levy an administration charge in respect of any additional work or expenditure incurred by the Organiser in assessing the adequacy of the cover afforded by the alternative travel insurance scheme being taken out by the Consumer. The consumer's attention is drawn to the exclusion clauses and excesses in the insurance policy arranged by the organiser.
Article 6. Changes
If after acceptance by the Organiser, a Consumer wishes to alter a tour, the Organiser may do so at its discretion if practicable. A request for alteration must be made by the Consumer in writing to the Organiser; a non-refundable amendment fee of €35 per person together with a charge for any costs incurred by the Organiser and any costs or charges incurred or imposed by any of his suppliers will apply. If the alteration is impracticable the original tour arrangement shall continue to apply. No alteration by the Consumer shall be effective until such time as the Organiser issues written confirmation of acceptance of such alteration. No changes can be made unless outside 45 days of the original departure date. If only some of the Consumers on a booking request a change, which is found to be practicable, a price adjustment for all Consumers on the same booking may be payable and must be discharged on the date shown in the Organiser's written confirmation of such change. If default is made by the Consumer in complying with the foregoing requirements, the Organiser shall have the right to cancel the tour in accordance with Article 7, and the cancellation charges as provided for in Article 7 are payable by the Consumer.
When changing your tour details, the price of your new travel arrangements will be based on the price that applies on the day you make the change. These prices may not be the same as when you first made your booking. Some accommodation is priced according to the number of people staying there. If your party size changes, we'll recalculate your booking cost based on the new number of people going. If fewer people share the accommodation, then the cost per person may go up. This extra cost isn't a cancellation charge, and it isn't normally covered by insurance.
Once travel has commenced, no changes or alterations may be made by the Consumer and no refunds shall be made in respect of flights or other travel arrangements, which are not availed of.
Where the Consumer is prevented from proceeding with the tour, and subject to the agreement of the Organiser, he may transfer his booking to another person provided that it is not within 21 days of departure and the following conditions are met:
- The Consumer authorises the transfer in writing
- The person to whom the transfer is made complies with the terms of the existing booking
- That person accepts the transfer and the terms of our agreement
- That person shows us evidence of their tour insurance, as original policy can't be transferred, and the premium can't be refunded
A Consumer who transfers a tour booking shall be jointly and severally liable with the transferee to the Organiser or Retailer for payment of any balance due in respect of the tour and for a name-change fee fee of €35 per person substituted in addition to any other costs incurred as a result of the amendment. Note: Certain travel arrangements (e.g. non-refundable air tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
Requests for changes to all names on a booking may be treated as cancellation and the appropriate cancellation charges will apply as per Article 7 of these conditions. Insurance is not transferable.
Article 7. Cancellation by you
Should you or any member of your party need to cancel your chosen tour once it has been confirmed, the party leader must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums, amendment charges and any paid or owed "extras". Insurance premiums, amendment charges and paid or owed "extras" are not refundable in the event of the person(s) to whom they apply cancelling.
Period before departure within which written notification of cancellation is received : Cancellation charge per person cancelling
More than 45 days : Loss of deposit (including extras e.g. event tickets, insurance premiums etc.)
45 days - 30 days : 20% of total tour value
29 days - 15 days : 60% of total tour value
14 days or less : 100% of total tour value
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.
Article 8. Changes and cancellation by us
(a) Without prejudice to the Consumer's statutory rights, the Organiser reserves the right to alter, change, curtail or cancel a tour.
(b) If as a consequence of "force majeure" (as defined in Article 9), the Organiser is obliged to curtail, alter, extend or cancel a tour, the Consumer shall not be at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of the said curtailment, alteration, extension or cancellation of the tour.
(c) A minimum number of bookings is required for a programme of tour. As a rule, currently all our tours require minimum 2 people (subject of change and may vary from tour to tour). The Organiser's obligation to provide that programme shall be contingent upon the Organiser receiving and maintaining that minimum number of bookings. In the event that the Organiser does not receive the minimum number of bookings or having received such minimum number has that number reduced by reason of cancellations or transfers by the Consumers or otherwise, the Organiser shall be entitled to cancel or curtail the relevant programme at any time up to 14 days prior to the departure date and the Consumer shall not be entitled to make a claim for loss arising as a consequence of cancellation or curtailment in these circumstances. The Organiser shall notify the Consumer within 5 days of any cancellation or curtailment necessitated by the foregoing circumstances.
(d) If prior to the departure date there is a cancellation, alteration, change or curtailment relating to a tour, which results in more than 12 hours change in the time of departure, or a change of resort or in the type of accommodation offered, or some other change which fundamentally alters the tour, the Organiser shall, if practicable, offer an alternative comparable tour of at least similar standard or shall refund the Consumer all monies paid. Unless within 4 days of issue of the offer of an alternative tour, it is declined by the Consumer in writing, the Organiser shall assume that the Consumer has accepted such offer. Where the offer is declined the Consumer shall only be entitled to return of payment made.
(e) Where the Organiser makes an alteration in the tour as contemplated in sub-paragraph (d) of this Article and the Consumer accepts the alternative tour the Consumer shall be entitled to receive compensation in accordance with the scale set out in this sub-paragraph. No compensation shall be payable where the alteration is for the reasons referred to in sub paragraphs (b) or (c) of this Article.
Notification Period Prior to Departure Date Compensation per person:
Within 45 days €10.00
Article 9. Force majeure
In accordance with the provisions of Article 8, the Consumer should be aware that some suppliers, such as carriers, impose cancellation fees and apply restrictions which are not within the control of the Organiser and for which the Organiser shall not be held liable. In these booking conditions the term "force majeure" means unusual and unforeseeable circumstances beyond the control of the Organiser or other suppliers of services, the consequences of which could not have been avoided even if all due care had been exercised or an event which the Organiser or the supplier of services even with all due care could not foresee or forestall, including, Acts of God, natural disasters, adverse weather conditions, fire or other destruction of any vessel, craft or vehicle to be used in connection with a tour, riots, acts of war, civil commotion, exercise of legislative, municipal, military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service supplier connected with a tour, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser.
Occasionally, river cruising can be affected by changes in the water level or other climate-related events. These changes may occur during the sailing, or shortly before departure, which means we may not be able to advise of them in advance. In the event of any change, the cruise operator will attempt to keep to the original itinerary in as far as it is possible. In some instances, overnights on the ship may be replaced by hotel stays. Re-embarkation on another vessel may be necessary. Journeys may be shortened. Some transfers may take place by coach or rail. Such changes will not entitle the consumer to any credit or refund. A river cruise will only be cancelled outright in the event of safety concerns, which are extremely rare.
Article 10. Our liability to you
The Organiser shall not be liable for any damage caused to the Consumer by the failure to perform the contract or the improper performance of the contract where the failure or the improper performance is due neither to any fault of the Organiser nor to that of another supplier of services because:
(a) the failures which occur in the performance of the contract are attributable to the Consumer;
(b) such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable; or
(c) such failures are due to (i) unusual and unforeseeable circumstances beyond the control of the Organiser or other supplier of services, the consequences of which could not have been avoided, even if all due care had been exercised; or (ii) an event which the Organiser, or the supplier of the services, even with all due care, could not foresee or forestall. In the case of damage other than death or personal injury or damage caused by defamation or by the wilful misconduct or gross negligence of the Organiser the amount of compensation which will be paid to the Consumer will be limited to, in the case of an adult an amount equal to double the inclusive price of the tour to the adult concerned and in the case of a minor an amount equal to the inclusive price of the tour to the minor concerned. The Organiser's liability will not exceed any limitation applicable under any international convention governing or relating to the provision of the service complained of in the place where they are performed or due to be performed, even if that convention has not been ratified or applied in the Republic of Ireland. In the event of any liability on the part of the Organiser for injury, illness or death, no payment will be made unless the following conditions are complied with:
(i) the Consumer must advise the Organiser in relation to the injury or illness while the Consumer is at the destination and must also write to the Organiser within 30 days of the completion of the tour;
(ii) the Consumer must transfer any rights that the Consumer has, in respect of such injury, illness or death against any person to the Organiser;
(iii) the Consumer must co-operate fully with the Organiser to enable the Organiser or its insurers to enforce such rights. In respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1995 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961, in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. For the Avoidance of doubt, this means that the Organiser is to be regarded as having all benefits of any limitations of compensation contained in any of these conventions or any other international conventions applicable to the Consumer's tour.
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Article 11. Complaints
(a) If the Consumer wishes to make a complaint in relation to a tour, he must immediately inform the Organiser's representative at the location where the Consumer is when the complaint arises, thereby giving the Organiser reasonable opportunity to rectify any matters. If the Consumer fails to comply with such requirements, the Organiser shall be entitled to recover the cost from the Consumer of any additional expense incurred by it in carrying out subsequent investigation of a complaint, which is found to be unjustified.
(b) Notwithstanding Section (a), the Consumer shall be obliged to notify the Organiser, in writing, of any complaint within 7 days after his return to the port of departure, or termination of the tour, whichever is the earlier. Any complaint received after this period will not be entertained. Complaints may only be submitted by the Consumer who made the booking (i.e. "lead name").
Article 12. Behaviour
When you book with us, you, as the Consumer accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party's full legal costs) as a result of your actions.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the tour of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We, as Organiser will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
The Organiser further reserves the right to decline any future booking, where the behaviour or conduct of a Consumer during the course of a tour results in danger, upset or distress to others.
Article 13. Conditions of suppliers
Many of the services which make up your tour are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions (see Article 10).Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned. The Consumer is solely responsible for ensuring that he/she presents himself at the point of departure in sufficient time prior to the designated departure time to complete embarkation requirements. If the Consumer arrives after the check-in time stipulated in the travel documentation provided to the Consumer, the Organiser shall not be obliged to carry the Consumer and shall be entitled to treat the tour as having been cancelled by the Consumer. It is also the Consumer's responsibility to ensure all travel documents, i.e. passports and visas are in order. The Consumer is restricted by regulation of carriers and executive authority with regard to the weight, type and contents of baggage which he may take on board the craft and/or vehicles which will be used in connection with the tour. The Consumer shall be responsible for ascertaining any limitations which apply in this regard and shall not present himself at the point of departure with any prohibited item in his luggage or on his person or with items which exceed weight or dimension restrictions applicable. The Consumer hereby agrees that he shall abide by all instructions or directions given by a member of the Organiser's staff or any crew member of a carrier's craft or vehicle used in connection with the tour and hereby agrees to indemnify the Organiser against any loss or injury suffered or incurred by any other person as a consequence of the Consumer's failure to act in accordance with any such direction or instruction.
Article 14. Special needs and special requests
Special Needs: It shall be the Consumer's responsibility to disclose to the Organiser prior to booking any physical or mental condition of a member of his party which may be relevant. Consumers are required to complete and return the Organiser's Special Needs Form detailing any special requirements which they may have as a consequence of any physical or mental condition. No liability shall attach to the Organiser for the provision of an unsuitable tour for a person with special needs where disclosure of the disability has not been made to the Organiser. The Organiser reserves the right to decline or provide a tour for a person with special needs where in the Organiser's opinion that tour would be inconsistent with the special needs of that person. Please note that it may be necessary to levy surcharges to cover the additional cost of providing suitable transfers and any other special needs requirements, subject to availability.
Special Requests: Special requests (e.g. ground floor accommodation, sea view, etc.) shall be communicated by the Consumer in writing to the Organiser at the time of discussion of planned tour. The Organiser shall use reasonable endeavours to fulfil such requests. The granting of such requests is the sole responsibility of the relevant supplier. No liability shall attach to the Organiser for failure to comply with a special request and such requests do not form part of the contract.
Article 15. Excursions, activities and advertised information
The information contained on our website is correct to the best of our knowledge. We may provide you with information about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are neither run, nor supervised, nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in Article 10 of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury. We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the resorts/area you are visiting generally (except where this concerns the services which will form part of your contract) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control.
Article 16. Passports and visa requirements
It is the sole responsibility of the Consumer to ensure that he/she is in possession of all travel documentation i.e. passports, visas (where relevant) and that same are in order. The Consumer hereby agrees to indemnify the Organiser for any costs incurred by the Organiser as a consequence of the Consumer being denied transportation entry as a consequence of the Consumer failing to have their travel documentation, passport or visa (if required) not in order.
Article 17. Flight/ship delays and denied boarding
In cases of flight/ship delays and cancellations, passengers are entitled to receive assistance including the provision of refreshments, meals, and accommodation where appropriate from their carrier and passengers should seek details of their entitlements from their carrier in the event of a flight/ship delay and or flight cancellation occurring. The Organiser does not accept any liability for any costs incurred in such circumstances.
Article 18. Your financial security
Monterrasol Travel, with whom you make a contract when you book, in the unlikely event of our insolvency before or during your tour, any money you have paid to us is fully secured, and if you are overseas, that full arrangements will be made to repatriate you at the end of your tour.
Article 19. Data protection
Personal data means any data relating to the data subject, such as name, address, date of birth, bank or credit card details, passport details. Sensitive data includes racial or ethnic origin and religious beliefs, data concerning health, including any special needs/dietary requirements. We require the written consent of every person travelling on your booking to process any sensitive data. Where there is a child in your booking then we require the written consent of the lawful parent or guardian of the child.
Information that you provide us will be held on our systems for use by us for the following purposes:
(i) Tour planning and booking;
(ii) Information about you (and your travelling party) may be passed to accommodation providers and suppliers;
(iii) If you apply for insurance, then we may process information (including medical information) about you (or your travelling party) and pass it to the insurers;
(iv) Information supplied by you may be processed by us for Statistical Analysis and or Market Research.
We take full responsibility for ensuring that proper security measures are in place to protect your personal data. We will retain your personal data in our archived system for up to 7 years from the last use of such personal data to allow us to comply with legal obligations relating to bookings and for the additional purpose of defending any legal action brought against us in relation to your contract with us. We will only keep your personal data for as long as it is necessary or is required by law.
A copy of your personal information held by Monterrasol Travel can be provided on request. You have the right to have any inaccurate personal information rectified or erased, subject to any legal basis on which we may object. Please note that any information we hold about you and your travel arrangements may be disclosed to the customs and immigration authorities of any country in your itinerary.
Last updated on: 3 July 2020
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