Black Mountain Montenegro Ltd Booking Conditions - *Amended 31 March 2009
Please read these booking conditions carefully – they form an integral part of your contract with Black Mountain Montenegro Ltd. Black Mountain Montenegro Ltd is not responsible for any client's failure to read or comply with these regulations.
All holidays advertised on our website are operated by Black Mountain Montenegro Ltd (hereinafter called 'the Company' or 'we'), a UK registered company and our Montenegrin registered partner travel agencies and are subject to the following conditions:
BOOKING To make a booking you can book directly over the telephone, or via our Website. You will need to pay a non-refundable deposit of 20%* of your selected travel arrangements (or minimum EUR 150). We will then invoice you for the remainder of the cost, which you must pay not later than 8* weeks before departure. If you book less than 8* weeks before departure full payment must be made on booking. The person making the booking (the “lead” name) must be at least 18 years old and possess the legal capacity and authority to make the booking and accepts these booking conditions on behalf of everyone in their party. The booking is not accepted and no contract shall exist between us until the date shown on the confirmation issued by the Company.
CANCELLATION Notification of cancellation must be made to the Company in writing and will be effective upon receipt. If you cancel your booking more than 10 weeks before departure you may transfer your deposit and travel insurance to another holiday in our current programme (provided you are not already booked on it) on payment of a transfer fee of £50 per person, subject to your notifying us in writing within two weeks of your cancellation, telling us which holiday you wish to transfer to and paying the transfer fee. If the holiday you transfer to is more expensive than the one you originally booked, a further deposit will also be payable. If you subsequently cancel the holiday to which you have transferred, we will retain your full original deposit and transfer fee.
If you cancel your booking more than 10 weeks before departure we will not refund your deposit. If you cancel your booking for holidays within 10 weeks of departure the following cancellation charges will be made:
• more than 70 days before departure: loss of deposit
• between 42 and 70 days before departure: 50% of the holiday cost
• between 28 and 41 days before departure: 60% of the holiday cost
• between 15 and 27 days before departure: 80% of the holiday cost
• 14 days or less before departure (or fail to join the holiday): 100% of the holiday cost
These dates refer to the date we receive written notification of your cancellation. We strongly recommend you to take out insurance against irrecoverable cancellation costs.
If you do not pay the balance of your holiday cost by the due date of 10 weeks before departure your booking will be terminated and you will lose your deposit.
TRANSFER OF NAMES If you are prevented from travelling, you may transfer your booking to another person provided they meet all the requirements relating to that holiday. A transfer fee of £50 will be payable, or £75 if the transfer is less than four weeks before departure. Should you transfer your booking to another person, you will both be jointly and severally liable for payment of the holiday price and other associated expenses.
CANCELLATIONS OR ALTERATIONS We will let you know as soon as we can if, we are forced to significantly alter or cancel your holiday. In these circumstances you can choose one of the following options.
a) accept our offer of a replacement holiday of lower quality (if available) and we will refund the difference in cost; or
b) accept our offer of a replacement holiday of equivalent or higher quality (if available); or
c) ask us for a refund of the money you have paid.
Your decision about which alternative you accept must be made as soon as possible after we notify you.
If appropriate we will also compensate you for the inconvenience unless the alteration or cancellation is because there are insufficient numbers to run the holiday, or if the alteration or cancellation has come about because of unavoidable, unusual and unforeseeable circumstances beyond our control or affected by reason of circumstances amounting to “force majeure”. We shall inform you 4 weeks prior to departure if there are insufficient numbers to run the holiday and in all other circumstances we will endeavour to, inform you at the earliest opportunity.
Circumstances amounting to "force majeure" include any event which we or the supplier of the service(s) in question could not even with all due care, foresee or forestall such as (by way of example and not by way of limitation) war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, acts of God, adverse weather conditions, and all similar events
PRICE INCREASES Before your booking is confirmed and a contract comes into force, we reserve the right to increase or decrease brochure prices. The contract will exist when you have accepted or not objected to any price revision and we have issued a confirmation invoice.
We reserve the right to impose surcharges once you have booked but no surcharges will be imposed within 30 days of departure and any downward revision in the price will be refunded to you. Surcharges will only be imposed for variations in:
a) transport costs, including the cost of fuel.
b) dues, taxes or fees chargeable for services such as embarkation or disembarkation fees at ports; or
c) the exchange rates applied to the booking.
In any event we shall absorb any such surcharge up to 2% of the original holiday cost. Any increase to the price which exceeds 10% of the total holiday cost will entitle you to the options outlined in clause 7 above.
ITINERARIES AND CHANGES A general indication is provided in the itinerary for each holiday, regarding the type of accommodation and transport used, what is included in the price, passport and visa requirements, and health formalities. Changes in all of these items may be made at any time and we will notify you of any changes that we become aware of as soon as we are reasonably able to do so.
For all these holidays we publish detailed Itineraries which contain the up-to-date definitive information about the holiday, and which will be sent on request or can be downloaded from our website. The information and conditions relating to your holiday (and extensions/options where applicable) contained in the Itineraries will be deemed to be part of the contract, and you should therefore read them carefully. Should there be a discrepancy between the information on the website and the Itineraries, the information in the Itineraries supersedes that on the website and will be considered the most up-to-date and accurate.
If any significant changes to the holiday have to be made before departure, we undertake to inform you, and you are entitled to the options detailed in clause 7 above. A ‘significant change’ does not include a change of transport or named accommodation, but is normally considered a change of more than 24 hours (12 hours for holidays of 10 days’ duration or less) in departure or return timings or a major itinerary re-routing.
Your booking is accepted on the understanding that you realize the hazards involved in this kind of holiday, including injury, disease, loss or damage to property, inconvenience and discomfort. this type of travel is one which allows alternatives and a degree of on-trip flexibility. The outline itineraries given for each holiday must therefore be taken as an indication of what each group should accomplish, and not as a contractual obligation on the part of Black Mountain. Changes in itinerary may be caused by local political conditions, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances. Pro rata refunds will be given for services not utilised wherever possible.
It is a fundamental condition of joining any of the holidays described in our brochures or on our website that you accept this flexibility, and acknowledge that delays and alterations and their results, such as inconvenience, discomfort, or disappointment, are possible: we will always endeavour to provide suitable alternative arrangements. If it is impossible to make alternative arrangements or if a passenger is unable, or does not choose for good reason, to complete an itinerary outlined for a holiday, Black Mountain is not under any obligation to supply alternative itineraries, excursions, accommodations, services or staff for the period when the client is not present with the group, but in these circumstances we will arrange transport back to your point of departure if you wish.
DOCUMENTATION AND HEALTH Any information or advice provided by the Company on matters such as permits, visas, vaccinations, climate, clothing, baggage, special equipment, etc. is given in good faith but without responsibility on the part of the Company. It is your responsibility to check with your doctor at least two months prior to travel for the latest health requirements, recommendations for your destination and any costs.
If you are affected by any condition, medical or otherwise, that might affect your or other people’s enjoyment of the holiday, you must advise us of this at the time of booking.
The lead name is entirely responsible for ensuring that all members of the group have the correct and valid documentation for travel. We cannot accept responsibility for any failure to comply resulting in any costs or fines being incurred and we advise you to check with your passport office or the consulate in question if you have any queries. Clients travelling overland to certain destinations may need to also pass through controls of other countries enroute so this should be allowed for with any passport/visa applications.
INSURANCE Before you come on the holiday you must be covered by insurance, which must include adequate cover for baggage, medical expenses and the cost of repatriation should you become too ill to continue, including helicopter rescue and air ambulance. If you join the holiday without adequate insurance you may not be allowed to continue on the holiday, with no right of refund. We can recommend an insurance scheme specifically designed for this type of travel – please contact us for details. Any claims concerning matters for which you are insured must be directed to your insurers.
BEHAVIOUR On an active group holiday it is necessary that you abide by the authority of the leader, who represents the company. If you commit any illegal act when on the holiday or if in the reasonable opinion of the leader your behaviour is causing or likely to cause danger to others in the group we will ask you to leave the tour and you will have to make your own way back to your arrival point at your own expense.
COMPLAINTS If you have any complaint about the holiday, you must make it known at the earliest opportunity to the leader and/or our local representative, who will normally be able to take appropriate action. If you are not satisfied with their response and you feel your enjoyment of the holiday is likely to be significantly affected, you should notify our head office in the UK and we will do our best to resolve the problem. If at the end of the holiday, you feel your complaint has not been properly dealt with, we shall try and agree a settlement with you, but you must first notify us of your complaint in writing within 35 days of your scheduled date of return. Please note we only deal with complaints via letter, telephone or email, and not in person. We regret we are unable to accept any complaints after your return unless they have been initially raised with your leader and local representative during your tour. Our leaders and reps will be required to report and make a note of any complaint arising and you will be asked to sign this in order that we can deal with the complaint efficiently and promptly.
OUR RESPONSIBILITY We are responsible to you for the proper performance of our obligations under the contract irrespective of whether those obligations are provided directly by us, or by third party service providers engaged by us acting within the proper course of their employment. We are liable to you for any damage caused to you by our failure to perform the contract or by our improper performance of the contract, unless that failure is:
a) attributable to you;
b) attributable to a third party unconnected with the provision of the services and are unforeseeable or unavoidable;
c) due to unusual and unforeseeable circumstances beyond our control and could not have been avoided even if all due care had been taken
d) due to an event which even with all due care we could not foresee or forestall
In any event, you are required to insure yourself against any possible risk that may occur and in particular to ensure that you have sufficient insurance in respect of dependent relatives. You are required to carry proof of insurance with you and produce it if reasonably requested by company employees or suppliers. Passengers travelling on vehicles owned by the company are covered by passenger liability insurance up to a maximum of £2.5 million per group per incident, and acknowledge that the Company has taken all reasonable steps to safeguard its liability in this respect. Except in instances of personal injury or death, where the Company is found to be liable for damages in respect of its failure to carry out the contract, the maximum amount of such damages, compensation and loss of enjoyment will normally, but not necessarily, be limited to three times the basic holiday price shown on the invoice.
Where any claim for damages is based on any travel arrangements forming part of your holiday with us (including the process of getting on and off the transport concerned) provided by sea or rail, or hotel accommodation, any compensation payable will be limited. The maximum amount of compensation we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the International Convention or Regulation which applies to the travel arrangements or hotel stay in question (which includes, without limitation, the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), Geneva Convention 1973 (road) and the Paris Convention 1962 (hotel accommodation), or any such statute or regulation as may from time to time amend or supersede any of the above. You acknowledge that all of these terms and conditions form part of your contract with us and that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday. Copies of the conditions of carriage and any conventions which may apply are available on request. Any independent arrangements that you make which are not part of the holiday are entirely at your own risk.
Sea Travel Conditions of Carriage & International Conventions: In the case of sea travel the provisions of the Athens Convention 1974 relating to the carriage of passengers and their luggage by sea may apply. This Convention and the sea carriers conditions of carriage may continue to apply to you and your party throughout your stay on board the ship, and during boarding and disembarkation. This Convention presumes that your baggage has been delivered undamaged unless you give full written details to the carrier (1) in the case of apparent damage, before you disembark from the ship or the baggage is redelivered to you; or (2) in the case of damage which is not apparent or of loss, within 15 days of disembarkation or from the time when the baggage should have been redelivered to you. The Athens Convention, and the carriers’ conditions of carriage, may limit or exclude liability for death or. personal injury, or loss of or damage to luggage, and make special provisions for valuables.
FLIGHTS Black Mountain do not organise or sell flights. Independent arrangements that you make for your arrival by air are not part of the holiday sold by Black Mountain and are entirely at your own risk. You undertake to book a flight or method of arrival transport which will arrive in appropriate time for our transfer service to bring you to the start point of the holiday as detailed in the holiday itinerary published on this website. Black Mountain cannot accept any liability for delays to your holiday due to inbound flight delays. Although we will do our best to rearrange airport transfer services in the event of incoming flight delays we can only do so if notified by you as soon as you are aware of the delay (ie prior to the aircraft take-off) and only if the transfer service vehicle is not already due to depart on the tour with the rest of the group. In this case where we are unable to help you in the event of delays and you have missed the group departure in-country, we will ask you to cover the cost of your transfer to join the rest of the group. The transfer can be arranged by Black Mountain. Airport transfers which are included in the price of the holiday (and stated thus in the Itinerary) will only be provided if you have notified us minimum 72 hours prior to your flight time arrival in writing about your flight number, flight origin, arrival airport and scheduled time of arrival. If we receive your flights details less than 72 hours prior to your arrival we reserve the right not to supply the transfer (for which no refund will be made) and request you to make your own way to the start point of your holiday, or to organise the transfer (at your request) and charge you for the full cost.
PHOTOS Any photo of you taken on any of our holidays may be used by Black Mountain without charge in all media (whether now existing or in the future created for valid promotional or marketing purposes, including promotional materials of any kind, such as brochures, slides, video shows and on websites. If you do not wish any images of you to be used in such marketing please inform us in writing prior to the start of your holiday.
ACCEPTANCE OF CONDITIONS When booking a holiday with Black Mountain you agree to accept all these conditions, and when we accept our booking we agree to carry out our obligations to you as defined in this brochure or on our website and their information provided to you. This Agreement will be governed by English law and any disputes will be dealt with by the English courts.
CHANGES TO PRICES AND DETAILS The prices, offers and details contained on this website are valid at the time of publication. Prices, offers and details can change and where this is the case, they will be updated on our website.