Terms of Service
GENERAL TERMS AND CONDITIONS OF CHARTER.ME
1. Information about general terms and conditions associated with the services of Charter.me
Web site www.charter.me is property of Montenegro Holiday DMC LLC Herceg Novi, with registered office at Jovana Bijelića No 1, 85340 Herceg Novi (hereinafter: the Agency). Use of the website, services available through it, and any other interaction, are regulated by these General Terms and Conditions (hereinafter: the Terms).
The Terms are an integral part of the contractual relationship arising at the time of contracting the yacht/vessel on any of the units available in the Agency’s portfolio. The rental agreement that you conclude with the Agency, as an intermediary, is concluded by you as the yacht/charter contractor (hereinafter: the guest) with the Owner of the yacht/vessel. The Agency acts exclusively as an intermediary, so it can only be responsible as an intermediary.
The Terms shall enter into force on the day of their publication on the website www.charter.me, where they are always available. All data stated in the General Terms and Conditions are legally binding.
2. Booking process and payment method
The reservation is binding and is made through instant booking on the website www.charter.me or by sending an inquiry via e-mail to firstname.lastname@example.org. The inquiry shall be considered a reservation once the Guest makes the advance payment in the manner defined in Article 2.1. of these Terms. The Agency will respond to the Guest's inquiry as soon as possible and send an offer with all relevant information on applicable conditions and the method of payment. The guest can accept the offer via e-mail only and shall provide the Agency with all the necessary information to be able to contract the vessel/yacht. Reservations by phone are not possible, as the phone is used to communicate information only. Reservations can only be made with prior unconditional acceptance of these Terms. Reservations by inquiry are possible under prior acceptance of the Terms which make an integral part of the offer and are submitted to the Guest along with the offer. Having accepted the offer, the Guest shall be deemed to have read and unconditionally accepted the Terms. On the day of making a reservation, the guest must be at least 21 years old.
When creating a request for charter/yacht, the Guest confirms they are familiar with the Terms, which they have carefully read, and confirmed they have fully, unconditionally accepted them. The Guest shall provide all the information required by the booking process, which must be accurate and truthful. If the Guest fails to provide accurate and truthful information, the Guest will be responsible for any costs or consequences arising from the inaccurate information provided.
To confirm a reservation, the Guest shall pay an advance payment of 40% of total value of the yacht/vessel price for the chosen period, unless otherwise indicated during the booking process. The advance payment is non-refundable. The amount of advance payment is included in the price of the yacht/vessel. The Guest shall make the advance payment immediately upon direct booking, or no later than three (3) days from the date of receipt of the pro-forma invoice following the Guest’s inquiry via e-mail, after which the reservation shall be considered confirmed.
The Rental Agreement is considered concluded once the Agency receives the advance payment. Once the payment is visible on its bank account, the Agency shall send a confirmation (voucher) to the Guest with all relevant information listed – the amount paid, the due amount and the timeline (the "Confirmation"). The Confirmation details the necessary information about the yacht/vessel which, in addition to these Terms, constitute the Rental Agreement concluded with the Owner with the intermediation of the Agency.
In the event the payment is not made within 3 (three) days from the date of reservation, the Rental Agreement shall be considered terminated. The advance payment shall not be refunded.
Payment on this website can be made with VISA, Maestro or MasterCard credit cards. When paying by credit card, there is a possibility that the card will be declined. In the event of a failed transaction, we will notify you immediately by email and ask you for an alternative payment method. Reasons why the card may be declined: limited daily limit, lack of funds on the account, wrong address, etc.
If the passenger does not report the alternative payment method after the unsuccessful transaction within 24 hours, the reservation will be canceled. Incorrect credit card information can lead to cancellation of the reservation, prolongation of the issuance of the air ticket and change of the ticket price. To avoid complications, please enter all information correctly.
By making a reservation, the passenger accepts financial responsibility for all transactions made.
Payment on our site can be made in one of the following ways: with VISA, Maestro or MasterCard cards that support online transactions. Online transactions are realized in cooperation with All Secure doo and Hipotekarna banka in a secure and certified way through AllSecure Payment Gateway, by simply entering data from the payment card.
Following the successful entry of the card data and confirming the payment, the bank authorizes the transaction thereby approving the order after which the delivery is expected. The funds will be reserved on your card (account) and will not be available for another purpose.
The transaction will be completed and the amount deducted from your account only when the reservation is made. In the event that the payment is not completed, or the amount is not deducted from the account within 14 days of accepting your reservation, it will be canceled and deleted. After the expiration of the 14-day period, the money reserved in your account will be released and will be available to you again. You can then repeat the same or make a new reservation, and make a payment.
NOTE: Check with the card issuing bank to see if your card supports online payments.
Data protection when paying
When entering payment card data, confidential information is transmitted via the public network in a protected (encrypted) form using SSL protocol, using the most modern methods of tokenization of sensitive data, and in accordance with PCI-DSS standards. The payment card information is not available to the service provider. 3D Secure protection for all merchants and customers – AllSecure Payment Gateway uses the highest global standards of data protection and privacy. All customers using the AllSecure Payment Gateway are automatically included in 3D-Secure protection, guaranteeing customers the security of their purchases. Customer payment card numbers are not stored in the service provider’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 has been 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 for the processing, storage and transmission of sensitive card data. PCI Standards protect sensitive cardholder data throughout the payment process: from the moment of data entry, during communication between the service provider and relevant banks and card organizations, as well as the subsequent storage of this data.
In the case of a refund to a client who has previously paid with 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 our bank will, at our request, refund the funds to the cardholder’s account.
All payments will be made in Euros (€). If the payment is made with payment cards of foreign issuing banks, the amount of the transaction will be converted into the local currency of the cardholder, according to the exchange rate of Visa / Mastercard.
To avoid the possibility of credit card fraud, the agency has the right to check the credit card with the user’s bank, and may ask the traveler to send a copy of the ID card and credit card by fax or e-mail.
2.1. Payment of the remaining part of the price for yacht/vessel
The Guest shall pay the remaining due amount for the yacht/vessel to the Agency’s bank account no later than 45 days before the arrival date. The method of payment may differ from the method specified here, which the Agency and the Guest agree in writing and specify in the confirmation issued by the Agency to the Guest to confirm the booking. If the Guest fails to make the payment as per the specified method, the rental agreement shall be considered unilaterally terminated and any money already paid shall not be refunded.
The Agency shall make a final invoice for the service and deliver it to the Guest upon completion of the service. The invoices shall list the full amount of the Yacht/Charter Price (including the full amount of the advance payment paid).
Promotions and discounts cannot be summed up or combined. Each booking can only contain one discount.
Payments can be made via bank transfers, credit cards and debit cards. The Guest is responsible for any bank transfer charges.
Pre-authorization on a credit card may be used in some circumstances, in the manner and per terms and conditions agreed by and between the Agency and the Guest, in writing.
The guest shall make payments within the deadlines and in the manner described in Article 2 herein and in the confirmation that lists the agreed method of payment. If the Guest defaults, such action shall be considered a serious breach of contractual obligations, and the Rental Agreement shall be considered terminated without notice. In case of termination of the Rental Agreement, any payments made to the Agency shall be non-refundable.
3. Price of service
The price of the service includes the basic service as described in the price list for the yacht/vessel unit from the reservation. In addition to the price of the basic service, for some yacht/vessel from the Agency’s portfolio, the Agency may charge mandatory surcharges for the following additional services: final cleaning, insurance, sojourn tax, etc. Any surcharge shall be specified and presented to the Guest on the confirmation of the total price of the reservation upon making it. There may be other services that are not included in the basic price and which may be arranged with the Agency in advance and under special conditions, and the Guest can choose to pay for such services in cash. The Guest shall request such additional or special services in advance when booking the yacht/vessel.
The Agency reserves the right to change the published prices. The Agency guarantees the price of yacht/vessel stated in the confirmation the Guest received after the Guest made an advance payment or paid the entire cost.
4. Lowest price guarantee
The Agency guarantees the lowest available price for each yacht/vessel in the portfolio of www.charter.me, i.e. yacht/vessels cannot be found advertised at lower prices than the ones on charter.me.
In the event that a guest receives a better offer from another website or agency for the same yacht/vessel and under identical conditions, and same currency before the reservation is completed and submits proof thereof to email@example.com, the Agency shall guarantee the rental of the same yacht/vessel, for the same period and under same conditions, with an additional 5% (five per cent) discount on the price the Guest has shown.
The lowest price guarantee shall not apply to last-minute promotions, or in cases where such information on other websites is not up-to-date and when no reservation is possible under such conditions. The lowest price guarantee is applicable only at the time of booking, i.e. it is not possible to apply it subsequently, i.e. after the reservation has already been made and paid for.
5. Obligations of the Agency
The Agency shall apply best practices of tourism in its provision of services, and in accordance with the Terms. The Agency shall take into account the rights and interests of Guests, and fulfil its obligations entirely and in the manner stipulated herein.
6. Obligations of the Guest
The Guest is required to have a valid travel document.
The Guest shall abide by and follow the customs and foreign exchange regulations of the country of destination, and has to check whether a visa is required to enter the country of destination or any neighbouring country. The Guest shall cover all expenses incurred in the event the Guest failed to continue travelling due to a violation of the above regulations.
The Guest must follow house rules in the yacht/vessel, and cooperate with the service provider in good faith.
Upon arrival to the destination, the Guest shall present a confirmation of the paid service to the service provider, i.e. the confirmation (voucher received by e-mail).
The Guest shall pay the remaining amount of the reservation according to the model defined on the confirmation.
The Guest must report immediately when sending the inquiry if they plan to arrive with other guests whose number exceeds the capacity of yacht/vessel, even if such guests are minors. Any stay of guests whose number exceeds the capacity of yacht/vessel depends entirely on the goodwill of the service provider, and shall not exclude the possibility of a surcharge for additional persons. There are no rules under which minors are allowed to stay free of charge and without notice.
Failure by the Guest to comply with the provisions of Article 6 of these Terms shall be deemed a serious breach of the Terms, as a result of which the Guest shall cover all costs incurred and shall be liable for the damage.
By confirming the reservation, the Guest agrees to compensate the service provider without any delays for any damage the Guest may have caused to the property.
The listing of each yacht/vessel specifies if the pets are welcome and, if yes, under which conditions. Guests have to inform the Agency, when making an inquiry or during the booking process, of their intention to bring a pet into the yacht/vessel, even in cases when the yacht/vessel listing says pets are welcome. The Guests have to provide information on the breed and size of the pet to the Agency, given that each yacht/vessel has house rules that must be followed.
Pets are not allowed in swimming pools. Cleaning costs associated with the stay of pets will be clearly indicated on webpages of each yacht/vessel or will be clearly indicated in the house rules. It is not allowed to have more pets than listed on the certificate. In the event that Guests wish to bring more than 2 (two) pets, they will have to contact the Agency, as special consent is needed to keep more than 2 (two) pets in the yacht/vessel. Pet owners are responsible for cleaning up after their pets, and pets are not allowed on the furniture at any time. Any evidence of a pet's stay on the furniture may incur additional cleaning costs. Pets must be vaccinated against rabies and all other diseases in accordance with applicable regulations. Guests shall bear all responsibility of keeping pets in the yacht/vessel, hence the owner of yacht/vessel or the Agency do not accept any responsibility for any illness or injury that pets may suffer during their stay.
Pets are not allowed in some yacht/vessel.s However, the owner of the yacht/vessel or the Agency cannot guarantee that no pets were present in the yacht/vessel in the past or that the owner has no pets. The Agency shall not assume any responsibility for any allergic reaction the Guests may experience during their stay in the yacht/vessel.
6.1.2. Liability for non-compliance with rules specified in Article 6
If the Guest brings a pet that has not been announced, and for which the Guest does not have consent in writing, such action will be considered a serious breach of the contractual relationship, and the owner and the Agency reserve the right to terminate the Rental agreement, effective immediately, without notice, and the Guest must vacate the yacht/vessel with all persons staying there within 2 (two) hours and shall not have the right to demand a refund for the paid yacht/vessel from the owner or from the Agency.
If Guests disturb public order and peace by making noise, even after a warning, such events can be considered a serious breach of the Rental agreement, in which case the owner and the Agency can terminate the rental agreement, effective immediately, without notice, and the Guest must vacate the yacht/vessel with all persons staying there within 2 (hours) and shall not have the right to demand a refund for the paid yacht/vessel from the owner or from the Agency.
6.3. Swimming pools
For their own safety, the Guest undertakes to comply with the house rule and with any other rules or instructions presented to them by the Owner or the Agency, or by the Owner's representative (manager), which refer to the use of the pool. Guests are fully responsible for their use of the pool. Children in the pool area must be under adult supervision at all times. Guests use the pool at their own risk. If the yacht/vessel is booked for off-season months, the swimming pool may be out of use. Guests should be aware that hot tubs and jacuzzis may be associated with certain health risks, so the Guests use them at their own risk.
6.4. House Rules
Each yacht/vessel has its own prominently displayed house rules. Guests shall follow house rules. If Guests fail to act in line with the rules, that can be considered a serious breach of the Rental Agreement, in which case the owner and the Agency shall have the right to terminate the Rental agreement, effective immediately, without notice, and the Guests must vacate the yacht/vessel with all persons staying there within 2 (hours) and shall not have the right to demand a refund for the paid yacht/vessel from the owner or from the Agency.
Guests are responsible for their own belongings. The Guests shall be solely responsible for any theft, loss, or damage of items left unattended. The Agency shall not be held responsible for any damaged, destroyed or lost luggage, or for any luggage or valuables stolen from the yacht/vessel (the Agency encourages you to rent a safe, if possible, or buy insurance with luggage provided for). Guests are required to report any lost or stolen luggage to the owner and the competent police unit.
7. A damage deposit
For some yacht/vessel, the Guests are to leave a cash deposit with the owner/manager of the yacht/vessel unit upon check-in unless they have a property liability insurance policy. The amount of deposit, which the Guest shall have to deposit to the owner/manager of the yacht/vessel unit upon arrival, will be indicated in the confirmation of the reservation or in the house rules. The deposit serves as insurance to the owner for any damage caused to the yacht/vessel. In the event that damages to the premises exceed the amount of the security deposit, Guests shall compensate the owner for the full amount of the damage.
If no damage has been done to the yacht/vessel, the owner/manager shall return the deposit to the Guests upon departure.
8. Cancellation and changes
The Guest shall inform the Agency in writing (via e-mail, mail or fax) about any change or cancellation of the reservation in order for the Agency to be able to process the request. Reservations cannot be changed or cancelled via phone. The date of receipt of a request for change or cancellation of a confirmed reservation during the Agency's business hours shall be used as the basis for the calculation of costs. In the event of receipt of a notice of cancellation or change of a confirmed reservation outside the Agency's business hours, the date of request processing shall be the following business day of the Agency.
In the event of cancellation of the Rental Agreement, the following conditions shall apply, as follows:
- If the Guest cancels the yacht/vessel 30 days or more before their arrival, the advance payment is non-refundable as specified in Article 2 of these Terms, and the Guest does not have to pay the remaining amount of the full price of yacht/vessel. If the Guest cancels the yacht/vessel 30 days or more before arrival and has paid the advance payment and the remaining amount for the reservation, the Owner shall return the amount paid, excluding the advance payment, to the Guest's account, with the Guest bearing the costs of bank transfers.
– If the Guest cancels the reservation 30-15 days before check-in, a refund of 20% of the full price of the yacht/vessel shall be made, if the guest paid 100% of the price during that period. If the Guest paid only the advance payment at the time of cancellation, they shall pay an additional 50% of the full price of the yacht/vessel as the agreed penalty for the cancellation of the reservation.
- If the Guest cancels the reservation within 15 days of the check-in, and has paid the full price for the reservation by then, no refund for the reservation will be made. If the Guest has not paid the full price of the yacht/vessel at the time of cancellation, they shall pay the full amount of the yacht/vessel service as the agreed penalty for cancellation.
Due to the Guest's misconduct, and after a warning by the Owner/manager, the Agency and/or the Owner may terminate the Rental agreement, which will be considered a serious breach of the agreement and the Terms, and in that case, the Guest will not be refunded the paid money and shall vacate the property within 2 (two) hours.
8.1. Corona Full Refund - Flexible cancellation policy!
The Agency shall make a full refund, upon written request of the Guest, or will issue a credit voucher in the amount of the payment to be used by the Guest no later than December 31, 2023, in the event of cancellation of the reservation in the following cases:
If the Guest decides to cancel the reservation up to 30 + days before the start date of the holiday, if the country of origin of the Guest and in which the Guest is resident, makes an official decision which prohibits "all travel to Montenegro except necessary ".
If the Guest decides to cancel the reservation up to 30 + days before the holiday start date in case of border closures or flight suspensions.
In case of travel restrictions, and no later than 29 days before the start of the holiday, the Agency shall issue a credit voucher to the Guest in the amount equivalent to the payment. In that case, the Guest must use the voucher provided by December 31, 2023, for the listing that was originally booked.
If the yacht/vessel is not available at the desired time, there is an option to switch to an alternative listing according to the Guest's preference. The new yacht/vessel must be in the same price range as the original one, and the yacht/vessel must be in the same yacht/vessel.
The following conditions apply to the above-mentioned:
Reservation holders can't request a cancellation for any other reason.
Although most holiday yacht/vessel are covered by a full refund referred to in item 8.1, a few are not, because the yacht/vessel owner did not agree to participate in the said cancellation policy.
Our agents will inform you about the cancellation policy for each yacht/vessel you are interested in if you request it.
This will not apply to cases of self-isolation, illness, /exposure to SARS-CoV-2 virus; it will not apply to cases of self-isolation by adopting the recommendations of your country of residence or residence on non-attendance, i.e. without an explicit prohibition. In these cases, with the specific consent of the Agency and/or the yacht/vessel Owner, and upon your written request, a credit voucher will be issued, in accordance with which the Guest should use the said voucher no later than 31 December 2023, for the yacht/vessel that was originally booked.
8.2. Cancellation by the Owner
In the event that the Owner cancels the reservation for any reason whatsoever, the Owner shall be responsible to refund the Guest for the full amount paid.
8.3. Cancellation by the Agency
In the event that the Agency has to cancel the reservation for any reason whatsoever, the Agency shall refund the paid amount or find alternative yacht/vessel of the same category, for the same amount.
8.4. Termination due to force majeure
If any unforeseen circumstances arise as a result of force majeure, i.e. circumstances "beyond the reasonable control", such as: natural disasters, war, riots, earthquakes, hurricanes, unexpected laws, strikes, suspended flights, flood, plague, pandemics, travel restrictions, all funds paid by the Guest shall be non-refundable, and neither the Owner nor the Agency shall be liable for any damages. However, a credit note will be issued to the Guest in the amount of the Guest's payment to the Agency, and the Guest will be given another date to use the yacht/vessel. The Guest shall use the credit note no later than 18 months following the date of issuance of the note.
The received advance payment shall be refunded only if the guest proves through acceptable reasons that no future date of rental suits him (serious illness, a death in the family, personal bankruptcy, etc.).
Changes such as the change in the number of persons, the date of check-in/check-out, and any other change, can only be made in writing and with the prior consent of the Agency or the Owner. The basis for the calculation of costs arises from the moment of receipt of the change request, which is sent to the Agency, during business hours. If the request is sent outside business hours, the next business day of the Agency will be taken as the date of receipt of the change request.
For changes in the number of persons or check-in and check-out dates, if possible, the following terms and conditions shall apply:
The Agency charges only the difference in price for any changes of the yacht/vessel or the check-in date, that occur more than 30 days before the check-in and for the price of the reservation that is the same or higher than the original,
The Agency charges an administrative cost of 25,00 eur for any change occurring more than 30 days before the check-in, for the price of the reservation that is lower than the original. Any difference will be returned to the Guest.
The Agency charges only a difference in price for any change occurring from 29 to 7 days before the check-in, for the price of the reservation that remains the same or has increased.
For any changes occurring from 29 to 7 days before the check-in, and for the price of the reservation that is lower than the original, the Agency will make a change as per request of the Guest, but the price of the reservation will not be reduced.
Any changes to reservations 6 to 1 day before the start of the service are not possible.
If the Guest requests a change of yacht/vessel located in the same facility, and the change is possible, the Agency charges an administrative cost in the amount of €15.00, and any difference in price that may occur.
If the Guest requests a change of yacht/vessel located in another facility, the change is considered a cancellation of the reservation and the cancellation policy referred to in Article 8 of these Terms shall apply.
If the requested changes to the reservation are not possible and the Guest cancels the reservation, the cancellation policy referred to in Article 8 of the Terms shall apply.
If the Guest requests a change of transfer reservation up to 48 hours before the start of the service, and the change is possible, the Agency charges an administrative cost of EUR 15, and any difference in price. Changes less than 48h before the start of the transfer are not possible.
8.6. Changes by the Agency
In the event of extraordinary circumstances that could not be foreseen, avoided or eliminated, the Agency reserves the right to make changes only if they have been communicated to the Guest in a timely manner and will find a replacement yacht/vessel of the same or higher category, the price of which will correspond to the price the Guest has paid. In the event that the Agency can offer replacement yacht/vessel in a facility of a higher category at a price that exceeds the amount of the paid reservation by more than 15%, the Agency reserves the right to charge the difference in price with prior consultation and consent by the Guest. In case the paid yacht/vessel cannot be replaced, the Agency reserves the right to cancel the reservation with prior notification of the Guest, and before the check-in time, and guarantees a full refund of the paid amount, whereby the Guest waives the right to claim any compensation from the Agency. The Agency shall refund the amount paid to the Agency's account only, while the Guest bears the cost of bank transfers. If an adequate replacement is not possible on the day of the beginning of the service, the Agency shall inform the Guest about all the available information about the yacht/vessel in its portfolio, and refund the paid amount of the reservation to the Guest, if possible.
9. Intentional damage done by the Guest
The Guest shall treat the rented yacht/vessel responsibly and with the care of a good host. The Guest shall return the yacht/vessel in the same condition in which it was found. For any damage caused to the facility, the Guest shall be liable directly to the Owner.
If the Guest does not have the agreed property damage insurance, the Owner has the right to collect the amount for damage compensation from the deposit referred to in Article 7 of these Terms. If the amount of the deposit is not sufficient to cover the damage, the Guest shall pay the difference of the full amount of the damage directly to the owner/representative of the yacht/vessel.
Intentional damage to property or disturbance of the peace is considered a serious breach of the Rental Agreement, in which case the owner and/or the Agency are authorized to terminate the Rental Agreement, effective immediately, without notice, and the Guest shall vacate the yacht/vessel within 2 (two) hours along with all other persons and has no right to demand from the owner or the Agency a refund for the paid yacht/vessel. During the stay, the Guest shall report any damage inflicted to the facility or property around the facility without any delays. When leaving, and before handing over the keys, the Guest shall inspect the facility and the property around it with the owner/host.
In the event that no damage has been made, the owner of the facility shall return the deposit referred to in Article 7 of these Terms to the Guest, if any.
The need for additional cleaning due to the particularly poor condition in which the Guest returned the facility to the owner will also be considered damage, and the owner has the right to collect the damage from the deposit or request immediate payment if the guest has an agreed insurance policy for damage to the property.
10. Complaints and complaints resolution procedure
The Guest has the right to object to the Owner and/or the Agency for any default in the contracted service or any deviation of it, or if the services were underperformed, if any defects in cleaning, any damage or other defects in the facility were noticed by the Guest or if the Guest has other similar objections, the Guest has to report them immediately and at the latest within 24 hours to the Agency or the Owner or Owner’s representative, via email or to the Owner/representative’s e-mail address that is listed on the issued offer. The Agency or the Owner shall offer a solution to the Guest as soon as they become aware, and no later than 48 hours from the time of notice if they find the complaint well-founded.
In case of any objections or problems with the payment, the Guest has the right to file a complaint with the Agency without delays and explain the problem. The Agency shall respond to the complaint no later than 48 hours from the date of its receipt. In case the Agency rejects the complaint as unfounded, but the Guest decides to forward it to a bank or any other competent body, the Agency may be a channel of communication between the two parties and submit its explanation in order to solve the matter.
The Guest shall strive to avoid the occurrence of damage or wear and tear as much as possible, and try to minimize any loss or damage to the Owner. The Guest shall cooperate with the Agency, the Owner/ representative and act in good faith in order to eliminate the causes that are the subject of the complaint. The Guest shall give the Owner a reasonable time to remove the reasons that gave rise to the complaint.
If the Guest decides to leave the property and finds another yacht/vessel, due to dissatisfaction with the condition of the yacht/vessel booked, without giving the Agency/Owner the opportunity to eliminate the cause of their dissatisfaction or find a replacement yacht/vessel, the Guest shall have no right to demand a refund or to file a lawsuit for compensation, regardless of whether their reasons were founded or not.
Furthermore, if the Guest accepts the solution for the complaint that corresponds to the paid service, the Agency will not accept any subsequent complaints or respond to them.
If the intervention following the Guest's complaint is unsuccessful and the problem persists, the Guest shall submit a written complaint with supporting documents, and photographs of the problem that prove the validity of the complaint via e-mail or mail, within 8 days following the day of the end of the complaint.
The Agency acts only as an intermediary in renting the yacht/vessel between the Owner and the Guest, as a result of which the Agency does not assume any liability for any actions or omissions of the Owner, or any third party contractors for the said services on behalf of the Owner. The Agency assumes no liability for any defects of the rented property because all properties of the facility are under the sole control of the Owner. The liability of the Agency may arise solely from the service provided directly by it.
However, the Agency will assist the Guest in the intervention of resolving the complaint and removing the disputed situation as well as in communication with the Owner.
During the complaint procedure, the Guest irrevocably waives the rights of mediation by any third party, arbitration, institution, or court, giving information to the media, and the right to file a lawsuit.
If the Guest is not happy with the response to the complaint, any further proceedings will be settled by mutual agreement, before the Centre for Alternative Dispute Resolution of Montenegro, and in case of failure, the dispute will be resolved by a competent court in Montenegro.
Complaints will not be reviewed in the following situations:
If the Guest opts to book a special LAST MINUTE, FIRST MINUTE or SPECIAL offer, the Guest accepts all risks associated with such booking. LAST MINUTE, FIRST MINUTE and SPECIAL Offer reservations may contain uncertainties that cannot be affected by the Agency, and the Guest has accepted such a reservation primarily due to favourable price, and therefore waives the right for refund, the right to object to the Agency, or to file a lawsuit on the basis of compensation for damages.
11. Personal Data Protection
The Guest voluntarily provides all the information necessary to complete the booking. Such information will be used for the aforementioned service, and for further communication. The Agency shall not communicate the personal data of the Guest to third parties, except for the purpose of realization of the requested service.
All data are stored in the Agency's database as a trade secret, in accordance with the Law on Personal Data Protection, and in accordance with the General Data Protection Regulation 2016/679. The Guest agrees to have his/her data used for marketing purposes of the Agency.
12. Final provisions and jurisdiction
The Agency transmits all information about the yacht/vessel through the website and aims to provide as accurate and up-to-date information as possible that it collects from owners. Owners are solely responsible for accurate and complete information about their yacht/vessel capacities, and the Agency cannot be held responsible in case of incorrect, incomplete or false information.
12.1. Protection of Intellectual Property Rights
Any business use of the information or data published on the website www.charter.me, including any partial or complete reproduction shall constitute an infringement of copyrights, and is prohibited by law as such.
12.2. Termination due to a serious breach of these Terms
In case of breach of this Rental Agreement, the Owner (after consultation with the Agency) and/or the Agency are authorized to terminate the Agreement. Termination shall take effect immediately, without any notice, so the Guest is obliged to leave the yacht/vessel permanently within 2 (two) hours with all persons staying there and has no right to request from either the Owner or the Agency a refund of the amount of the paid yacht/vessel.
The General Terms and Conditions are made in the Montenegrin language and are translated into English. In case of any linguistic controversy, the original version drafted in Montenegrin will be relevant.
By confirming the reservation, the guest unconditionally consents to the Terms and Conditions of the Rental Agreement above.
12.5. Limitation and Exclusion of Liability
In the process of renting yacht/vessel, the Agency acts in the name and on behalf of the Owner–partner. Therefore, at the moment of contracting, the Guest enters into a contractual relationship with our partners, who have to provide the service the Guest has contracted.
Therefore, the Agency shall not be liable for any damages resulting from injury, loss of life, inconvenience, delays, damages to property or other damage caused in connection with the yacht/vessel service provided, including but not limited to the effects of force majeure, illness, pandemic and epidemic, war crimes, civil unrest, riots, damage caused by the action of animals, strikes or other work activities, any criminal or terrorist activity, overbooking or inadequate provision of the service, food poisoning, mechanical or other failures of aircraft or other means of transport, or the failure of any transport mechanism ensuring the timely arrival or departure and any other events beyond the Agency's control and/or influence.
The Agency shall not be responsible if the yacht/vessel cannot be used due to decisions of third parties/institutions, which delay or prohibit the Guest’s arrival, or any other events that are beyond the control or influence of the Agency, and accordingly will not be responsible for refunds. The decision to refund the amount paid or to change the date of the yacht/vessel already arranged depends on the will of the Owner with whom the yacht/vessel was arranged.
12.5. Competent court
The Agency and the Guest shall resolve any disputes arising from the application of these Terms and the provision of yacht/vessel services by mutual agreement before the Centre for Alternative Dispute Resolution. Otherwise, they agree on the jurisdiction of a competent court in Podgorica. The applicable law is Montenegrin.
These Terms shall enter into force on the date of publication. Any amendment will be made in accordance with these Terms and posted publicly on the website www.charter.me
In Podgorica, January 2023.