Terms and conditions

By booking a Tour, participating in a tour or using any related services (a “Tour”) with Broker Marić D.O.O. Podgorica – a Montenegrin company with limited liability (“Balkan Adventure” or the “Tour Operator”), you (“You”) acknowledge and agree to have read, understood and agreed to be legally bound to the Terms & Conditions (“Terms”) set out below.

If You make a booking on behalf of other participants, You guarantee that You have the authority to accept and do accept these Terms and the Waiver of liability on behalf of the other participants in your party.

1. THE BOOKING CONTRACT

The contract (“Contract”) between You and The Tour Operator shall come into existence when The Tour Operator sends a written confirmation after receipt of the applicable paid amount, or by signing a written contract.

Please check your confirmation, Contract and Waiver of liability carefully and report any incorrect or incomplete information to the Tour Operator via email booking@balkanadventure.me as soon as possible.

You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Tour Operator.

2. BOOKING ON BEHALF OF OTHERS

By booking on behalf of other participants, You are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying the Tour Operator or your travel agent if any changes or cancellations are required and keeping your party informed.

By booking on behalf of another person or persons, You represent and warrant that you have obtained all required consents. You are responsible for verifying that any information You provide on behalf of another participant is complete and accurate and the Tour Operator will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.

The Contract produces legal effect not only in relation to You who formally concluded it, but also to other users of the arrangement specified in the Contract, so that the advance payment, cancellation and legal consequences of the same, etc. apply to all passengers. This applies in particular to prior acquaintance with the Tour and the Terms and Conditions, Waiver of liability and is deemed to have been delivered and accepted by all passengers under the Agreement.

3. REQUIRED MEDICAL INFORMATION

You are obligated to confirm that You are in good health, physically capable of undertaking all aspects of the trip, taking into account its challenges and purposes. If You are unable to give this confirmation for any reason or have any medical condition or disability which may affect your trip, You must contact us before You submit your booking form or sign the Contract so that we can assist you in considering the suitability of the trip for You. By concluding the Contract, You confirm that You are in good health and physically capable of undertaking all aspects of the trip, taking into account its challenges and purposes.

If any personal or medical information given in the booking form, or stated before signing the Contract, is shown to be materially incorrect or incomplete, we reserve the right to cancel your booking or terminate your participation in the trip, depending on when we become aware of the true position. In this situation, cancellation charges as set out in these Terms will apply and we will not be responsible for any costs or expenses incurred as a result.

The Tour Operator reserves the right to deny You permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where the Tour Operator determines that your physical or mental condition renders You unfit for travel or You represent a danger to yourself or others.

Pregnancy is considered a medical condition and must be disclosed to the Tour Operator at the time of booking, or before signing the Contract. Considering the tours may involve visiting remote or developing regions, where medical care may not be easily accessible, and may involve some amount of risk to your health and safety the Tour Operator may refuse to carry women who are over 24 weeks pregnant. The Tour Operator may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.

In the event that You do not provide medical information reasonably required by the Tour Operator for any reason by the deadline indicated above, the Tour Operator reserves the right to cancel your booking and all applicable cancellation fees will apply.

You are responsible for assessing whether a Tour is suitable for you. The Tour Operator does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level, and medical requirements.

Before commencing the Tour, You are obligated to sign or confirm you have read Waiver of Liability by which you waive and discharge Broker Marić D.O.O. and their website BalkanAdventure.me, their officers, agents, representatives, employees, contractors, affiliates, or tour guides (hereafter called “Staff”) from liability from any and all claims, including claims stemming from or related to personal injury, illnesses, accidents, death, property loss, or any other loss or grievance, arising from participation on any tour, activity or event offered, conducted or promoted by the Tour Operator, or while in the presence of company Staff, even if due to negligence of the Tour Operator or Staff.

If You do not sign or confirm you have read the Waiver of Liability the Tour Operator shall cancel your booking and all applicable cancellation fees will apply.

Travel with the Tour Operator may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Tour varies and the Tour Operator makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.

The Tour operator assumes no responsibility for any medical care provided to you. You agree to assume all costs of medical care and related transportation that are provided to You during the tour.

4. SPECIAL REQUIREMENTS

Any special requirements must be disclosed to the Tour Operator at the time of booking or signing the Contract. The Tour Operator will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to You if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to the Tour Operator at the time of booking in section additional notes, and before signing the contract but the Tour Operator cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between You and the Tour Operator is not liable for any failure to accommodate or fulfill such requests.

5. AGE REQUIREMENTS

Anyone under the age of 18 is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to three minors.

All bookings with a minor are subject to review and approval by the Tour Operator. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. The Tour Operator will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.

Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision, and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability prescribed by these Terms and the Waiver of liability. The Tour Operator does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).

6. INSURANCE REQUIREMENTS

It’s strongly recommended that You purchase travel insurance for personal injury, emergency medical expenses, cancellation, personal luggage and public liability before you travel. The Tour Operator accepts no responsibility for loss or damage to personal belongings or liability for personal injury/ death.

The Tour Operator can provide insurance on demand, with some of the insurance companies in Montenegro, which are our partners. The request for insurance should be submitted within a reasonable time before the trip.

You acknowledge that insurance coverage by default is not included in the cost of any Tour offered by the Tour Operator and you are required to obtain separate coverage at an additional cost.

7. PRICES, SURCHARGES AND TAXES

The Tour Operator may request an increase in the agreed price after the Contract is concluded if there have been changes in the exchange rate or changes in the carrier’s tariffs, which affect the price of the trip. Tours are priced and advertised inclusive of applicable taxes.

From time-to-time, the Tour Operator may offer reduced pricing on certain products or services. The reduced pricing applies only to new bookings.

The price quoted for any trip covers the cost of the planning, the organization and carrying out of the trip. The tour price includes only services specified in the itinerary. The price does not include services not listed specifically in the itinerary such as: vaccination fees, travel insurance, cost of travel to and from the start/return point of your trip including your international flights (if not paid additional to Tour Operator to provide it), cost of passport and visas, personal equipment and personal expenses while on the trip and any other expenses specifically excluded on the trip description and/or invoice.

We reserve the right to make changes to and correct errors in quoted prices at any time before your trip is confirmed. We will advise You of any error of which we are aware and of the then applicable price at the time of booking.

Bookings, where payment has been received by the Tour Operator, are not entitled to the reduced pricing and it cannot be the basis for any objection – complaint against the Tour Operator.

The Tour Operator may increase the price before the start of the Tour if, after the conclusion of the Contract, there has been a change in the exchange rate or changes in the carrier’s rates and in the cases provided for by law. Your consent is not required to increase the published price by up to 10%. If the increase of the total agreed price exceeds 10%, You can terminate the contract by written cancellation without obligation of compensation, but no later than 48 hours after the written notice of the increase of the price, in which case You are entitled to a refund of what You paid to the Tour Operator. If You fail to notify the Tour Operator in writing of the cancellation of the contract within the specified period, it is considered that You have agreed to the new price.

8. VALIDITY

All dates, itineraries, and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these Terms.

You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and any other products or services, including, but not limited to checking the Tour Operator’s website at least 72 hours prior to departure as minor changes may have been made after the time of booking.

9. DETAILS REQUIRED FOR BOOKING

As a condition of booking, You must provide the information requested by the Tour Operator along with final payment. If You fail to supply information required by the Tour Operator for air tickets, permits, or other inclusions, You will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that You fail to supply information required by the Tour Operator, the Tour Operator also reserves the right to treat your booking (or the relevant component of your booking) as canceled and levy any cancellation fees deemed reasonable by the Tour Operator, in its sole discretion. The information required by the Tour Operator will vary by Tour and will be communicated to You or to the Tour Operator’s authorized agent during the booking process. The Tour Operator will not be held responsible for any fees You incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.

10. AIRFARE

Tour prices do not include international or other airfare unless expressly mentioned in the Tour’s descriptions. The Tour Operator will quote the best price available for the travel dates requested at the time the quote is prepared. Quotes provide an estimate only and are not a firm price commitment by the Tour Operator or the applicable air carrier(s).

However, per your request, The Tour Operator can find, book and include airplane tickets in your tour. Please note that in that case, The Tour Operator is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air travel tickets, flight status or delays.

11. ACCOMMODATION, NUTRITION TRANSPORTATION AND LUGGAGE

Unless You have explicitly arranged the accommodation of special features, You will accept any officially registered accommodation unit in the accommodation described in the travel program, regardless of the characteristics, location and position of the building, number of floors, proximity to the noise, parking and other conditions. The agreed accommodation can be replaced by accommodation in an object of the same or higher category if possible, at Your expense. You are obliged to accept the change of accommodation in another object of the same or higher category at the agreed location. Accommodation in lower category facilities can only be used with Your consent and with the refund of the difference in price in proportion to the reduced category of the accommodation. You assume the obligation to get to know and obey the rules of behavior in the accommodation facility, and in particular to: deposit and safekeeping of money, treasure and valuables, bringing of food and drinks into the rooms, respecting of the house rules, accommodation and leaving the room at a designated time, number of persons in the room, etc.

The Tour Operator does not accept responsibility for the loss or theft, values and valuables and other things of passengers, nor for damages on this basis, or for damage resulting from non-compliance with legal regulations, prescribed rules and customs established by the carriers and hoteliers.

The above rules and standards for the accommodation and boarding will, by analogy, also apply to the transfer and carriage, as well as the regulations, principles and rules laid down by the carrier (eg carriage in any means of transport does not imply numbered seating or a meal and drinks during the trip, unless specifically agreed etc.).

Carrying luggage up to a certain weight specified by the airline is free of charge. Excess baggage is paid for by the passenger at the applicable airline rates. You are obliged to take care of his belongings carried in in the means of transport, of giving or taking over the luggage handed over to the carrier, as well as carried into the accommodation facility. All the rights stated above are exercised directly by You from the carrier, the accommodation provider, etc., and in accordance with the applicable international regulations, domestic regulations and the valid general rules.

12. FINAL PAYMENT & ACCEPTANCE OF BOOKING

Upon concluding the Contract, You are required to make the full payment, unless otherwise specified in the travel program. If You fail to make the payment in full, upon concluding the Contract, the Tour is considered to be cancelled. Then, You shall reimburse the Tour Operator for his expenses under the Contract .

The written confirmation sent by the Tour Operator will be issued after receipt of the applicable paid amount.

The Tour Operator is not responsible for any charges levied by third parties or financial institutions and payable by You as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by You to the Tour Operator.

13. PAYMENT VIA OUR WEBSITE

Payment for services we provide on our website can be made in one of the following ways: payment cards – VISA, Maestro or MasterCard that support payment over the Internet. Card payments are made in cooperation with AllSecure doo and the bank and are done in a secure and certified manner through the AllSecure Paymet Gateway, by simply entering the data from the payment card.

After entering the card data and confirming the payment, the bank authorizes the transaction and amount of the Tour price will be deducted from Your account.

Check with the card issuing bank to see if your card supports online payments.

When entering payment card data, confidential information is transmitted via the public network in a protected (encrypted) form using the SSL protocol, using the most modern methods of tokenization of sensitive data, and in accordance with PCI-DSS standards. At no time is the payment card information available to the Tour operator.

3D Secure protection for all merchants and customers – AllSecure Payment Gateway uses the highest global standards of data protection and privacy. All merchants (including Tour operator) using the AllSecure Payment Gateway are automatically included in 3D-Secure protection, guaranteeing customers the security of their purchases. Your payment card numbers are not stored on the Tour operator’s system and the registration itself is protected by SSL data encryption.

PCI DSS Standards – AllSecure Payment Gateway is constantly complying with all the requirements of card organizations in order to increase the level of security of merchants and customers. From 2005 until today, without interruption, the system is certified as PCI-DSS Level 1, which is the highest standard in the industry. The PCI Data Security Standard (PCI-DSS) is a standard that defines the necessary security measures when processing, storing and transmitting sensitive card data. PCI Standards protect sensitive cardholder data during the entire payment process: from the moment of entering data at the merchant’s point of sale, during communications between the merchant and relevant banks and card organizations, as well as the subsequent storage of this data.

In the case of a refund You if You have previously paid for one of the payment cards, in part or in full, and regardless of the reason for the refund, the refund is made exclusively through the same VISA, Maestro or MasterCard card used for payment. This means that the bank will, at our request, refund the funds to the cardholder’s account.

Please note that all payments will be effected in Euro (EUR). If the payment is done using foreign issuers payment cards, total amount of transaction will be converted into bank settlement currency, according to the current exchange rate of Visa/Mastercard.

14. CANCELLATION BY THE PARTICIPANT

All cancellations from customers should be notified via email to The Tour Operator. Cancellation fees will be determined with reference to the date on which notice of cancellation is received by the Tour Operator and are expressed as a percentage of the total price paid for the canceled Tour, product or service (excluding any insurance products where refund is not allowed).

The date on which notice of cancellation is received by the Tour Operator is the basis for calculating the fee that belongs to the Tour Operator, expressed as a percentage of the total cost of the trip, as follows:

  • 10% if the trip is canceled up to 30 days,
  • 20% if canceled 29 to 20 days,
  • 40% if canceled 19 to 15 days,
  • 80% if canceled 14 to 10 days,
  • 90% if canceled 9 to 6 days,
  • 100% if canceled 5 to 0 days before the start of the trip or while traveling.

15. GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY THE TOUR OPERATOR

The Tour Operator guarantees that all scheduled Tour departures booked and secured with a valid payment will depart as indicated on the applicable confirmation, subject to reasonable itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Tour and itinerary information is available on the balkanadventure.me website or you can check it by contacting us via email: booking@balkanadventure.me. Brochures and other printed materials displaying Tour information and departure dates are subject to change may not be relied upon for purposes of this guarantee.

If a Tour is canceled by the Tour Operator before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, You will have the choice of accepting from the Tour Operator:

  1. a substitute Tour of equivalent or superior value; or
  2. a substitute Tour of lesser value if no Tour of equivalent or superior value is reasonably available and to recover from the Tour Operator the difference in price between the price of the Tour originally purchased and the substitute Tour; or
  3. a full refund of all amount paid for the canceled Tour.


The Tour Operator is not responsible for any incidental expenses or consequential losses that You incur as a result of the canceled booking including visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, the Tour Operator reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Tour as described cannot be provided after departure, the Tour Operator will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if You reasonably reject any suitable alternatives, the Tour Operator may provide you with a refund for unused services as determined in its discretion.

16. TRAVEL DOCUMENTS

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure, and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits, and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with the Tour Operator as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas, and permits prior to the start of the Tour, and You are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by the Tour Operator that is a direct result of your failure to secure or be in possession of proper travel documentation. The Tour Operator does not provide advice on travel documents and makes no representations or warranties as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and You agree that the Tour Operator is not responsible for any errors or omissions in this information.

17. FLEXIBILITY & UNUSED SERVICES

You acknowledge that the nature of adventure travel requires flexibility and acknowledge that You will permit reasonable alterations to products, services or itineraries by the Tour Operator. The route, schedules, accommodations, activities, amenities, and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Tour Operator (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the Tour Operator, including your removal from a Tour because of your negligence or breach of these Terms.

18. CHANGES

Changes made by the Tour Operator: The Tour Operator may modify your itinerary where reasonably required in its sole discretion. If the Tour Operator makes a change affecting at least one in three full days of the itinerary or which materially affects the character of a product or service in its entirety (a “Material Change”), the Tour Operator will provide notice to You as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 15 days before departure, You may choose to:

  1. accept the Material Change and proceed with the amended service;
  2. book another service of equal or greater value, if available (You will be responsible for paying any difference in price); or
  3. book another service of lesser value, if available (with a refund payable to You for the difference in price); or
  4. cancel the amended service and receive a full refund for the land-only portion of the applicable service (a refund is not available for other services booked which are not subject to a Material Change).


You must notify the Tour Operator of your choice within 7 days of receiving notice or You will be deemed to accept the amended itinerary.

The Tour Operator reserves the right to alter and cancel itineraries and/or timetables should it be necessary, due to adverse weather and or other related conditions.  The Tour Operator is not responsible for expenses and/or other related costs due to factors outside of its control, such as flight delays, changes and or cancellations, injuries, weather, war, natural disasters etc. and/or other unforeseeable matters.

Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of the Tour Operator. You acknowledge that You must have reasonable financial resources to cover incidental expenses during all travel with the Tour Operator, whether or not such expenses arise from a change of itinerary, and the Tour Operator is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The Tour Operator will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.

Changes made by You: You are responsible for ensuring that information provided to the Tour Operator is accurate and up-to-date. Any changes to your name on any booking are subject to the Tour Operator’s approval. Any changes to a booking depend on availability and are subject to the Tour Operator’s approval and these Terms. Any extra costs incurred for making the change will be charged to You along with an administrative fee. Cancellation of any Tour or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 7 days before start of the Tour.

19. ACCEPTANCE OF RISK

You acknowledge that adventures travel and the products and services offered by the Tour Operator may involve some amount of risk to your health and safety. By traveling with the Tour Operator You acknowledge that You have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release the Tour Operator from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by the Tour Operator.

You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation, and transport in certain countries where Tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that the Tour Operator is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and You expressly assume the risks associated with travel under such conditions.

You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should You fail to comply with the above or commit any illegal act when on Tour or, if in the opinion of the Tour Operator (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, the Tour Operator may terminate your travel arrangements on any product or service immediately at your expense and without any liability on the Tour Operator’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of the termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.

You are responsible for any costs (including repair, replacement and cleaning fees) incurred by the Tour Operator or the Tour Operator’s suppliers for property damage, destruction or theft caused by You while on a Tour. The Tour Operator does not accept responsibility for the loss or theft, values and valuables and Your other things, nor for damages on this basis, or for damage resulting from non-compliance with legal regulations, prescribed rules and customs established by the carriers and hoteliers. You agree to immediately report any pre-existing damage to a representative of the Tour Operator and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.

You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices, and helmets) and obey all posted signs and oral or written warnings regarding health and safety. Neither the Tour Operator nor it’s Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.

You agree to bring any complaints to the Tour Operator as soon as possible in order to provide the Tour Operator with the opportunity to properly address such complaint. You agree to inform your tour leader, another representative of the Tour Operator or the Tour Operator’s customer service department directly. The Tour Operator assumes no liability for complaints that are not properly brought to the attention of the Tour Operator and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Tour must be received in writing by the Tour Operator within 30 days of the last day of travel of the booking in question.

20. THE TOUR OPERATOR IS NOT LIABLE FOR THIRD PARTY SUPPLIERS

The Tour Operator makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide You with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the Tour Operator takes all reasonable care in selecting Third Party Suppliers, the Tour Operator is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions.

The Tour Operator is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than the Tour Operator and its employees.

The Tour Operator is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.

21. OPTIONAL EXTRAS

“Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Tour itinerary or price of the Tour and which does not form part of the Tour. You agree that any assistance was given by the Tour Operator’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and the Tour Operator makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of the Tour Operator regarding any Optional Extras. You release the Tour Operator from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.

Optional Extras are selected and paid on the spot during the Tour, to the Tour Operator or group guide. In case of unused services in the hotel, due to using an Optional Extras, You are not entitled to a refund in that part.

You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.

22. LIABILITY

The Tour Operator and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of nature force , strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against the Tour Operator for any such loss, damage, injury, or death.

In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of the Tour Operator or of the Third Party Suppliers of any services which form part of the booking contract then the Tour Operator limits its liability, where applicable by all applicable international conventions.

23. CONTRACT LAW AND FINANCIAL SECURITY

Your contract:

Tour Operator and You agree that Montenegrin law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below. We both also agree that any claim (and whether or not involving any personal injury) which arises between us must be dealt with by the courts of Montenegro.

Our website:

The information contained in balkanadventure.me website and in Tour Operator’s other advertising material is believed correct to the best of our knowledge at the time of publication. However, errors may occasionally occur and information may subsequently change. You must, therefore, ensure you check all details of your chosen trip (including the price) with us at the time of booking.

Quality and service:

Balkan Adventure is officially licensed by Montenegrin Ministry of Tourism for providing sub-agent services (license code: Up I 110-212/2; license number: 547)

24. FORCE MAJEURE

The Tour Operator will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Tour Operator failure to commence, perform or complete any duty owed to You if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or warlike operations, pandemics, COVID19, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Tour Operator; or an event which the Tour Operator or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.

25. IMAGES AND MARKETING

You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, the Tour Operator or its representatives that may contain or feature You. You consent to any such pictures or videos being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the Tour Operator, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to You.

26. PRIVACY POLICY

The Tour Operator must collect your personal information to deliver the Tour and any products or services booked. The Tour Operator collects, uses and discloses only that information reasonably required to enable the Tour Operator and its Third Party Suppliers to provide the particular Tour, products and/or services that You have requested as described in the Tour Operator’s Privacy Policy, which can be accessed any time at https://balkanadventure.me/privacy-policy/ and is expressly incorporated into these Terms. By submitting any personal information to the Tour Operator, you indicate your acceptance of the Tour Operator’s Privacy Policy.

27. AMENDMENTS

The Tour Operator reserves the right to update or alter these Terms at any time and will post the amended Terms on the Tour Operator’s website at:

https://balkanadventure.me

Any amendment will take effect 1 day after being posted to the Tour Operator’s website. An up to date copy of these Terms, as amended, may be accessed at any time on the Tour Operator’s website and will be sent to you upon written request to the Tour Operator. You are deemed to have accepted any amendments to these Terms on the date that is 1 day after their posting on the Tour Operator’s website. The Tour Operator recommends that you refer to the Terms prior to travel to familiarize themselves with the most up-to-date version available.